City of San Jose
The following is a brief overview of the tenant protections available in this city. For more details please refer to the ordinance itself and any other resourced linked below.
Overview
What tenant protections does the city have?
Rent Control
Just Cause for Evictions
Who enforces the tenant protections?
Eviction Help Center staff are located at San José City Hall on the 12th floor, Monday through Friday, 8:00 am to 5:00 pm. City Hall is located at 200 E. Santa Clara Street in San José. Parking is available on 4th Street at San Fernando. The first 90 minutes of parking are free.
Tenants and landlords can reach Eviction Help Center staff at 408-975-4444 or [email protected]
If you are unable to pay rent, contact the Homelessness Prevention System at preventhomelessness.org or 408-926-8885.
Do not move out of your apartment without learning your rights, protections and options. Reach out to the Eviction Help Center for more information at [email protected] or 408-975-4444.
When were these protections adopted and most recently updated?
Adopted: 1979
Updated: 2020
Rent Stabilization
Exemptions
SFH and condos per Costa Hawkins Act. Anything built after 9/7/1979. Duplexes, nonprofit owned housing, ADUs, short term rentals, rental units owned and operated by any government agency, and apartments in unincorporated San Jose exempt by local law.
How much can rent be increased and how often?
5% cap
Is banking allowed?
No
Are passthroughs or additional costs allowed (pets, utilities, parking, etc)?
Landlords can pass through capital repairs (3% cap) and file fair return petitions
Eviction Protections
Exemptions
Units not listed in covered section: single-family homes, permitted second units, single family condominiums
Under what circumstances is the landlord obligated to pay relocation assistance to tenant?
All no fault just cause