Santa Clara County · Renting & eviction
Renting in Santa Clara County: the rules that apply
Santa Clara County's rules apply only in unincorporated areas, where they require relocation help when unsafe or hazardous conditions force tenants out. The county has no rent control or just cause rule of its own, so state law covers rent increases, evictions, notices and deposits.
Key points
- Hazard relocation: In unincorporated areas, the county requires substitute housing or a relocation payment when a vacate order or eviction notice is due to unsafe conditions.
- Payment amount: The county's relocation payment is 3 months' fair market rent plus utilities, sized to the household, plus the deposit refund.
- Rent increases: The county has no general rent cap; state law limits increases on covered units to 8.6% for August 1, 2026 through July 31, 2027.
- Just cause: The county has no just cause rule; state law requires a just cause after 12 months of lawful occupancy in covered units.
- Payment timing: The county requires payment when the vacate order is issued, or within 1 week after a hazard-related eviction notice is served.
- Substitute units: County substitute-unit rent may not exceed the vacated unit's rent during repairs and 180 days after completion or move-back, whichever is later.
Each rule below is marked Santa Clara County code or CA state law and links to the section it comes from (checked October 2026). General information, not legal advice.
Santa Clara County's code applies in the unincorporated areas of the county. Cities in Santa Clara County have their own codes and their own pages.
Rent increases
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CA state law Underneath, California law still applies. Rent cap right now: 8.6% for increases taking effect August 1, 2026 through July 31, 2027 (5% plus 3.6% inflation) (Civ. Code § 1947.12(a)(1), (g)). California's statewide rent cap — the full state rule →
Eviction and just cause
CA state law Santa Clara County has no rule of its own on this, so California law applies. Just cause required: After 12 months of lawful occupancy, the owner may terminate only for a just cause stated in the notice (Civ. Code § 1946.2(a)). Just-cause eviction in California — the full state rule →
Relocation payments
Santa Clara County code In unincorporated areas, the county requires substitute housing or a relocation payment when a vacate order or eviction notice is due to unsafe conditions. The county's relocation payment is 3 months' fair market rent plus utilities, sized to the household, plus the deposit refund. The county requires payment when the vacate order is issued, or within 1 week after a hazard-related eviction notice is served.
Notices
We found no Santa Clara County rule on this in the Santa Clara County Municipal Code (checked October 2026). The state rule below applies.
| Notice of a rent increase | At least 30 days' notice for an increase of 10% or less; at least 90 days for an increase of more than 10% Applies: The 10% is measured against the rent charged at any time in the 12 months before the increase, counting all increases in that period together. |
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| Notice to end a month-to-month tenancy (landlord) | 60 days' notice; 30 days if the tenant has lived there less than one year Applies: Where the unit is covered by just cause (Civ. Code § 1946.2) or a local ordinance, the notice must also state a qualifying cause. |
| Notice to end a month-to-month tenancy (tenant) | At least as long as the rental period (one month for a month-to-month tenancy) |
| 30-day notice when the unit is sold to an owner-occupant | 30 days' notice when a separately sellable unit is in escrow to a natural person who will live there for at least a year Applies: Notice within 120 days of opening escrow, given once, and all § 1946.1(d) conditions met. |
| Notice to pay rent or quit | 3 days, not counting Saturdays, Sundays and judicial holidays, stating the amount due and how to pay Applies: May be served any time within one year after the rent became due. |
| Notice to cure a lease violation or quit | 3 days, not counting Saturdays, Sundays and judicial holidays, to perform the broken lease term or leave |
| No fee for serving notices | A landlord may not charge the tenant a fee for serving or posting a notice |
Security deposits
CA state law Santa Clara County has no rule of its own on this, so California law applies. Security deposit cap: One month's rent, on top of the first month's rent (Civ. Code § 1950.5(c)(1), (c)(6)). Deposit return deadline: 21 calendar days after the tenant moves out, with an itemized statement of any deductions (Civ. Code § 1950.5(h)(1)). California security deposit law — the full state rule →
Retaliation
CA state law Santa Clara County has no rule of its own on this, so California law applies. Retaliation protection period: For 180 days after a tenant complains about habitability (to the landlord or an agency), the landlord may not evict, raise rent or cut services in retaliation (Civ. Code § 1942.5(a), (b)). Retaliatory eviction in California — the full state rule →
Harassment and lockouts
CA state law Santa Clara County has no rule of its own on this, so California law applies. Lockouts and self-help eviction banned: A landlord may not change locks, remove doors or windows, or remove the tenant's belongings to force a tenant out (Civ. Code § 789.3(b)). Utility shutoffs banned: A landlord may not cut off water, heat, electricity, gas or other utilities to force a tenant out (Civ. Code § 789.3(a)). Tenant harassment and lockouts in California — the full state rule →
Repairs and habitability
CA state law Santa Clara County has no rule of its own on this, so California law applies. Duty to keep the unit habitable: The landlord must deliver a unit fit to live in and repair conditions that make it untenantable (Civ. Code § 1941). Repair and deduct: A tenant may make a repair the landlord neglects and deduct the cost from rent, up to one month's rent, no more than twice in any 12 months (Civ. Code § 1942(a)). Habitability and repair-and-deduct — the full state rule →
Landlord entry
CA state law Santa Clara County has no rule of its own on this, so California law applies. Landlord entry notice: Reasonable written notice, presumed to be 24 hours, and entry only during normal business hours (Civ. Code § 1954(d)(1), (e)). Landlord entry notice in California — the full state rule →
Hotel and short-term rental tax
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Who this affects
Frequently asked questions
How much can rent go up in Santa Clara County?
The county has no general rent cap; state law limits increases on covered units to 8.6% for August 1, 2026 through July 31, 2027. County substitute-unit rent may not exceed the vacated unit's rent during repairs and 180 days after completion or move-back, whichever is later.
Does a landlord in Santa Clara County need a reason to evict?
The county has no just cause rule; state law requires a just cause after 12 months of lawful occupancy in covered units.
How much notice does a Santa Clara County landlord have to give?
Santa Clara County has no local rule on this that we found (checked October 2026); state law applies: At least 30 days' notice for an increase of 10% or less; at least 90 days for an increase of more than 10% (Civ. Code § 827(b)(2), (b)(3)(A)).
How much can a Santa Clara County landlord charge for a security deposit?
Santa Clara County has no local rule on this that we found (checked October 2026); state law applies: One month's rent, on top of the first month's rent (Civ. Code § 1950.5(c)(1), (c)(6)).
What is the hotel tax on short-term rentals in Santa Clara County?
Santa Clara County's code: Stays of more than 30 days are not taxed. (Hotel stays in unincorporated county areas.) (§ A30-50); 8% of the rent the operator charges. (Hotel stays in unincorporated county areas.) (§ A30-50).
General information, not legal advice.
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