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.
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.
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.
San Jose, CA
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...
San Jose, CA
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 b...
San Jose, CA
San Jose requires all multifamily rental properties to obtain a Residential Occupancy Permit (ROP) under SJMC Section 17.20.520, renewed annually. Code Enfor...
See how San Jose's pass-through charges rules stack up against other locations.
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