Rental Property Rules in San Jose, CA (2026)
12 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
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...
Just Cause Eviction
San Jose landlords cannot end a tenancy without a legally recognized just-cause reason under SJMC § 17.23.1240: one of 13 grounds in the city's Tenant Protection Ordinance, with every termination notice copied to the City.
San Jose Just-Cause Eviction Requirement
Significant RestrictionsSan Jose Municipal Code § 17.23.1240
A Landlord may not terminate the tenancy of a Tenant unless the Landlord can demonstrate: 1. that the Landlord served a Notice of Termination to the Tenant Household and delivered a copy of the Notice of Termination to the City in accordance with Section 17.23.1260; and 2. that the termination qualifies as a Just Cause Termination in compliance with Section 17.23.1250.
Rental Registration
San Jose landlords of Rent Stabilized Units must register each unit annually with the Housing Department on a city-approved form, per Municipal Code Section 17.23.900; missing the deadline triggers a late fee.
San Jose Rent Registry Requirement
Some RestrictionsSan Jose Municipal Code § 17.23.900
A. Rent Registration. The procedures for registration shall be established in this Part and the Regulations. All registration requirements are subject to California Civil Code Section 1947.7, as may be amended. The Landlord shall complete and submit to the Director a registration for each Rent Stabilized Unit on a City approved form, annually unless some other interval is specified by the City ...
Relocation 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
Significant 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
Few 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...
No-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
Some 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
Significant 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.
Rent Increase Notice
San Jose's Mobilehome Rent Ordinance requires a park landlord to give the new mobilehome owner or tenant written notice of the rent increase anniversary date whenever a new rent is set after a lot vacancy, so residents know when an increase is coming.
San Jose Mobilehome Park Rent Increase Notice
Some RestrictionsSan Jose Municipal Code § 17.22.455
When a new rent is established following the vacancy of a rental unit the landlord shall give written notice to the new mobilehome owner or mobilehome tenant of the anniversary date for rent increases and shall give written notice to such owner or tenant that the rental unit may be subject to a rent increase on such anniversary date.
Repairs & Habitability
San Jose's Housing Code (SJMC Chapter 17.20, Part 9) declares a dwelling with no hot water, inadequate heat, structural hazards, or unsanitary conditions to be substandard housing and a nuisance, with the repair duty falling on the owner even when a lease tries to shift it to the tenant.
San Jose Rental Habitability Standards
Some RestrictionsSan Jose Municipal Code § 17.20.900
Any housing in which there exists any of the following listed conditions is hereby deemed and declared to be a substandard housing: A.Inadequate Sanitation/Ventilation/Space Requirements...1.Lack of, or inadequate water closets, lavatories, bathtubs or showers;...3.Lack of hot and cold running water to plumbing fixtures;4.Lack of adequate heating;...10.Infestation of insects, vermin or rodents.
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 →