Santa Clara County, CA Rental Property Rules: Pass-Through Charges (2026)
Key Facts
- State law
- Cal. Civ. Code §1947.12
- Annual cap
- 5% + CPI, max 10%
- County code
- No SCC unincorporated rule
- Stronger cities
- San Jose; Mountain View; Los Gatos
- Tenant remedy
- Excess rent recoverable
Summary
Santa Clara County has no countywide rent stabilization, so pass-through charges in unincorporated areas follow state law. AB-1482 caps annual rent increases at 5% plus CPI, capped at 10%, including any operating cost passthroughs.
(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 effective date of the increase. In determining the lowest gross rental amount pursuant to this section, any rent discounts, incentives, concessions, or credits offered by the owner of such unit of residential real property and accepted by the tenant shall be excluded.
Full Breakdown
Because unincorporated Santa Clara County has no rent stabilization scheme, capital improvement and operating cost pass-throughs are governed only by AB-1482's annual cap. Civil Code §1947.12 limits any single-year rent increase to 5 percent plus regional CPI, with an absolute ceiling of 10 percent, no matter how it is labeled. Landlords cannot recover capital costs through a separate surcharge, and may not double up two AB-1482 increases in a 12-month window. Cities with rent stabilization (San Jose ARO, Mountain View CSFRA, Los Gatos RDMHO) operate their own petition-based pass-through programs that override these defaults inside city limits.
Violations & Fines
Charges or increases above the 5%+CPI cap are excess rent recoverable by the tenant in small claims court, with treble damages and attorney fees available where the landlord acted in bad faith.
Frequently Asked Questions
Can my landlord pass through a new roof or seismic retrofit cost?
Can the landlord raise rent twice in one year?
Sources & Official References
Other rules in Santa Clara County
California rules heatmap·Compare Santa Clara County to another location·View the California rental property rules overview
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