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San Jose, CA Rental Property Rules: Relocation Assistance (2026)

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

Key Facts

Code
SJMC 17.23.1300 (TPO)
Standard amount
Three months HUD FMR
Vulnerable enhancement
One additional month
Filed with
SJ Housing Department
Paid by
Tenant move-out date

Summary

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.

(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 expenses incurred in excess of any relocation assistance that was paid to the tenant in connection with the written notice.

Source: SJMC 17.23.1300 (Relocation Assistance)View official code

Full Breakdown

SJMC Chapter 17.23 Part 14 (Tenant Protection Ordinance) requires landlords to pay relocation assistance whenever they invoke a no-fault just cause to end a tenancy at an Apartment Rent Ordinance unit or other covered rental. Standard relocation equals the equivalent of three months of HUD Fair Market Rent for a similarly sized unit, plus a moving allowance. Households with seniors aged 62 or older, disabled persons, families with minor children, or low-income tenants under 80 percent of area median income receive an additional one-month enhancement. The landlord must provide written notice of the right to relocation, pay before the move-out date, and file a Notice of Termination with the Housing Department.

Violations & Fines

Failing to pay relocation, omitting required notices, or filing a sham no-fault eviction voids the termination, exposes landlords to tenant lawsuits, civil penalties, and Housing Department enforcement actions including fines.

Frequently Asked Questions

Who qualifies for the higher relocation tier?
Households with seniors 62 or older, disabled tenants, families with minor children, or those earning under 80 percent of area median income receive an additional month beyond the standard three-month HUD Fair Market Rent payment.
When must relocation be paid?
The landlord must pay the full relocation amount before the tenant's required move-out date and file the Notice of Termination with the San Jose Housing Department before serving any no-fault notice.

Sources & Official References

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