Rental Property Rules in San Jose, CA (2026)
11 verified rental property rules for San Jose, California, sourced directly from the municipal code and official government pages.
Verified from official government sources
Rent Control
San Jose's Apartment Rent Ordinance (ARO) under SJMC Chapter 17.23 is one of California's strongest local rent control laws. The ARO covers rental units in buildings with 3+ units that received a certificate of occupancy before September 7, 1979. Annual rent increases are capped at 5% of the current rent. Landlords must petition the Rent Stabilization Program for increases exceeding the annual allowable amount. The City also enforces the statewide Tenant Protection Act (AB 1482) for units not covered by the local ordinance.
San Jose Apartment Rent Ordinance
Heavy RestrictionsCalifornia Civil Code § 1947.12
(a) (1) Subject to subdivision (b), an owner of residential real property shall not, over the course of any 12-month period, increase the gross rental rate for a dwelling or a unit more than 5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower, of the lowest gross rental rate charged for that dwelling or unit at any time during the 12 months prior to the...
Just Cause Eviction
San Jose's Ellis Act and Tenant Protection Ordinance under SJMC Chapter 17.23 requires just cause for eviction of tenants in rent-stabilized units. Landlords must demonstrate one of the enumerated just cause grounds including nonpayment of rent, breach of lease, nuisance, illegal use, owner move-in, or withdrawal from the rental market (Ellis Act). Additionally, California's Tenant Protection Act (AB 1482) provides just cause eviction protections statewide for tenancies of 12+ months in covered properties.
San Jose Just Cause Eviction Protections
Heavy RestrictionsRental Registration
San Jose requires landlords of rent-stabilized units to register with the City's Rent Stabilization Program. Landlords must pay an annual Rental Unit Tax and provide tenants with notices of their rights under the Apartment Rent Ordinance. The registration requirement applies to all rental units in buildings with 3+ units that received a certificate of occupancy before September 7, 1979. The City maintains a database of registered rental properties for program administration and tenant protection.
San Jose Rental Property Registration
Heavy RestrictionsRelocation Assistance
Under San Jose's Tenant Protection Ordinance, landlords ending an apartment tenancy for no-fault reasons must pay tiered relocation assistance. Amounts equal multiple months of rent and add a higher tier for qualified vulnerable households.
Tiered Relocation Pay Owed for No-Fault Tenancy Endings
Heavy RestrictionsCalifornia Civil Code § 1946.2
(vi) (I) If the intended occupant fails to occupy the rental unit within 90 days after the tenant vacates or fails to occupy the rental unit as their primary residence for at least 12 consecutive months, the owner shall offer the unit to the tenant who vacated it at the same rent and lease terms in effect at the time the tenant vacated and shall reimburse the tenant for reasonable moving expens...
Security Deposit Rules
California Civil Code 1950.5, amended by AB-12 effective July 2024, caps residential security deposits at one month's rent for most landlords. San Jose follows state law without adding a local cap or registration requirement.
Security Deposits Capped at One Month Statewide
Some RestrictionsCalifornia Civil Code § 1950.5
(c) (1) Except as provided in paragraph (2), (3), or (5), a landlord shall not demand or receive security, however denominated, in an amount or value in excess of an amount equal to one month's rent, in addition to any rent for the first month paid on or before initial occupancy. (2) This subdivision does not prohibit an advance payment of not less than six months' rent if the term of the lease...
Cash-for-Keys Agreements
San Jose's Tenant Buyout Ordinance regulates cash-for-keys deals at covered apartments. Landlords must serve a written disclosure of tenant rights, allow a 30-day rescission period, and file the executed agreement with the Housing Department.
Tenant Buyout Agreements Must Be Disclosed and Filed
Heavy RestrictionsNo-Fault Evictions
Under San Jose's Tenant Protection Ordinance, a landlord may end a covered tenancy without tenant fault only for owner or relative move-in, Ellis Act withdrawal, demolition, or substantial remodel. Each path requires advance notice and relocation pay.
No-Fault Evictions Limited to Four Statutory Grounds
Heavy RestrictionsCalifornia Civil Code § 1946.2
(d) (1) For a tenancy for which just cause is required to terminate the tenancy under subdivision (a), if an owner of residential real property issues a termination notice based on a no-fault just cause described in paragraph (2) of subdivision (b), the owner shall, regardless of the tenant’s income, at the owner’s option, do one of the following:
Pass-Through Charges
Under the San Jose Apartment Rent Ordinance, landlords of pre-1979 apartments may pass through certain capital improvement, debt service, and utility costs only with Housing Department approval. Add-ons must be itemized and sunset when costs fully amortize.
Capital Improvement and Utility Pass-Throughs Tightly Capped
Some RestrictionsCalifornia Civil Code § 1947.12
(a) (1) Subject to subdivision (b), an owner of residential real property shall not, over the course of any 12-month period, increase the gross rental rate for a dwelling or a unit more than 5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower, of the lowest gross rental rate charged for that dwelling or unit at any time during the 12 months prior to the...
Tenant Anti-Harassment
San Jose's Tenant Anti-Harassment Ordinance prohibits 14 categories of landlord conduct designed to pressure covered tenants out, including utility shutoffs, lockouts, threats, false notices, and refusal to accept rent. Violations carry civil penalties and tenant damages.
Tenant Anti-Harassment Ordinance Bans Fourteen Practices
Heavy RestrictionsCalifornia Civil Code § 1940.2
(3) Use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the tenant’s quiet enjoyment of the premises in violation of Section 1927 that would create an apprehension of harm in a reasonable person. Nothing in this paragraph requires a tenant to be actually or constructively evicted in order to obtain relief.
Source-of-Income Discrimination
California Government Code 12955 bans landlord discrimination based on a tenant's lawful source of income, including Section 8 vouchers and other government rental assistance. San Jose enforces these protections through state agencies and its rental rights program.
Source-of-Income Discrimination Banned Under State Law
Heavy RestrictionsCalifornia Government Code § 12955
It shall be unlawful: (a) For the owner of any housing accommodation to discriminate against or harass any person because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information of that person. (o) (1) In instanc...
Section 8 Voucher Acceptance
The Santa Clara County Housing Authority administers Section 8 Housing Choice Vouchers across San Jose. Landlords must accept voucher holders under California source-of-income protection and follow SCCHA inspection, payment-standard, and contract rules.
Section 8 Vouchers Administered by Santa Clara County Housing Authority
Some RestrictionsCalifornia Government Code § 12955
(a) For the owner of any housing accommodation to discriminate against or harass any person because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information of that person.
Looking for Santa Clara County county-wide rules?
County ordinances apply to unincorporated areas and may supplement San Jose city rules.
Rental Property Rules in Santa Clara County →