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San Jose, CA Rental Property Rules: No-Fault Evictions (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Code
SJMC 17.23.1200 (TPO)
Owner move-in
36 months primary residence
Ellis Act
Cal. Gov. Code 7060
Substantial remodel
30+ days vacancy required
Filed with
SJ Housing Department

Summary

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.

(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:

Source: SJMC 17.23.1200 (No-Fault Just Cause)View official code

Full Breakdown

SJMC 17.23.1200 codifies San Jose just cause protection covering Apartment Rent Ordinance units and most multi-family rentals after twelve months of occupancy. The four permitted no-fault grounds are: owner or qualifying relative move-in, Ellis Act withdrawal under California Government Code 7060, demolition or permanent removal from rental use, and substantial remodel requiring tenants to vacate at least 30 days. Each path requires advance written notice on the prescribed form, a filing with the San Jose Housing Department, and payment of statutory relocation assistance under SJMC 17.23.1300 before the move-out date. Owner move-in further requires the owner or relative to occupy as a primary residence for at least 36 continuous months.

Violations & Fines

Filing a sham no-fault notice exposes the landlord to wrongful-eviction damages including treble actual harm, attorney fees, Housing Department civil penalties, and an absolute defense for the tenant in any unlawful detainer action.

Frequently Asked Questions

Are single-family homes covered by San Jose's TPO?
Generally no. The Tenant Protection Ordinance reaches multi-family buildings of three or more units. Single-family rentals fall under California's statewide AB-1482 just cause rules, which cover similar no-fault grounds.
Can the landlord skip relocation if the tenant volunteers to leave?
No. Statutory relocation under SJMC 17.23.1300 is owed for any qualifying no-fault termination at a covered apartment, regardless of whether the tenant resists or cooperates with the move.

Sources & Official References

Other rules in San Jose

Just Cause EvictionSignificant RestrictionsSection 8 Voucher AcceptanceSome RestrictionsRent Increase NoticeSome RestrictionsTenant Anti-HarassmentHeavy RestrictionsRepairs & HabitabilitySome RestrictionsSource-of-Income DiscriminationSignificant RestrictionsPass-Through ChargesSome RestrictionsSecurity Deposit RulesFew RestrictionsRental RegistrationSome RestrictionsRelocation AssistanceSignificant RestrictionsRent ControlSome RestrictionsNoise Ordinances: Aircraft NoiseSignificant RestrictionsParking Rules: Curb Color RulesSome RestrictionsParking Rules: Preferential Parking DistrictsSignificant RestrictionsParking Rules: Driveway RulesSome RestrictionsParking Rules: Commercial & Oversized VehiclesSignificant RestrictionsFence Regulations: Fence Permit RequirementsSome Restrictions

All San Jose rules

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