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San Jose · Renting & eviction

Renting in San Jose: the rules that apply

San Jose limits yearly rent increases on rent-stabilized units and requires a just cause to evict from the first day of tenancy in covered rentals, including multi-unit buildings. The city also sets buyout, retaliation and condo-conversion rules, and leaves deposits, repairs and entry to state law.

Key points

  • Rent increases: City law: rent-stabilized units have a yearly increase limit of 5%, and no more than 1 increase in any 12 months.
  • Covered buildings: The 5% limit covers multi-unit building units certified or offered for rent on or before September 7, 1979; 1- or 2-unit buildings are excluded.
  • Just cause: City law: from the first day, eviction needs a just cause in rent-stabilized units, guesthouse rooms, unpermitted units and multi-unit buildings except permitted hotels/motels.
  • Buyouts: City law: the landlord must give the City's disclosure form, and the tenant has 45 days from signing to cancel a buyout agreement.
  • Retaliation: City law: a landlord act within 6 months after a tenant uses city just-cause rights is presumed retaliatory; the landlord can rebut it.
  • Condo conversions: City law: after a conversion notice, tenants may stay until 180 days past the final public report or lease end, whichever is longer.

Each rule below is marked San Jose code or CA state law and links to the section it comes from (checked October 2026). General information, not legal advice.

Rent increases

San Jose code City law: rent-stabilized units have a yearly increase limit of 5%, and no more than 1 increase in any 12 months. The 5% limit covers multi-unit building units certified or offered for rent on or before September 7, 1979; 1- or 2-unit buildings are excluded.

All 17 San Jose rules on rent increases, with the code text and the state law underneath →

Eviction and just cause

San Jose code City law: from the first day, eviction needs a just cause in rent-stabilized units, guesthouse rooms, unpermitted units and multi-unit buildings except permitted hotels/motels.

All 14 San Jose rules on eviction and just cause, with the code text and the state law underneath →

Relocation payments

San Jose code The difference between the pre-conversion rent and the rent of a comparable replacement unit. For up to 24 months.

All 3 San Jose rules on relocation payments, with the code text and the state law underneath →

Notices

San Jose code statement that the developer intends to convert the building to a project, will file an application for a conditional use permit with the City of San José, and has or will file an application for a final public report with the California Department of Real Estate statement of tenants' rights, including right to terminate lease or rental agreement, limitation on increases of rent, right of continued tenancy, protection against unjust eviction, protection against coercion or retaliatory action, exclusive right of first refusal to purchase the unit, and right to quiet enjoyment

All 3 San Jose rules on notices, with the code text and the state law underneath →

Security deposits

CA state law San Jose has no rule of its own on this, so California law applies. Security deposit cap: One month's rent, on top of the first month's rent (Civ. Code § 1950.5(c)(1), (c)(6)). Deposit return deadline: 21 calendar days after the tenant moves out, with an itemized statement of any deductions (Civ. Code § 1950.5(h)(1)). California security deposit law — the full state rule →

Retaliation

San Jose code City law: a landlord act within 6 months after a tenant uses city just-cause rights is presumed retaliatory; the landlord can rebut it.

All 9 San Jose rules on retaliation, with the code text and the state law underneath →

Harassment and lockouts

CA state law San Jose has no rule of its own on this, so California law applies. Lockouts and self-help eviction banned: A landlord may not change locks, remove doors or windows, or remove the tenant's belongings to force a tenant out (Civ. Code § 789.3(b)). Utility shutoffs banned: A landlord may not cut off water, heat, electricity, gas or other utilities to force a tenant out (Civ. Code § 789.3(a)). Tenant harassment and lockouts in California — the full state rule →

Repairs and habitability

CA state law San Jose has no rule of its own on this, so California law applies. Duty to keep the unit habitable: The landlord must deliver a unit fit to live in and repair conditions that make it untenantable (Civ. Code § 1941). Repair and deduct: A tenant may make a repair the landlord neglects and deduct the cost from rent, up to one month's rent, no more than twice in any 12 months (Civ. Code § 1942(a)). Habitability and repair-and-deduct — the full state rule →

Landlord entry

CA state law San Jose has no rule of its own on this, so California law applies. Landlord entry notice: Reasonable written notice, presumed to be 24 hours, and entry only during normal business hours (Civ. Code § 1954(d)(1), (e)). Landlord entry notice in California — the full state rule →

Buyout agreements

San Jose code What San Jose's code adds
Required disclosure
  • The landlord must give the tenant the City's disclosure form.
    Applies: Buyout offers and agreements under the city's buyout rules.
    § 17.23.700 · code text
    The purpose of this Part 7 is to increase the fairness of Buyout Offers and Agreements by requiring Landlords provide Tenants with a City Disclosure form, and permitting Tenants to rescind Buyout Agreements, provided certain conditions are met, within forty-five (45) days of executing the Buyout Agreement.
Time to cancel
  • The tenant has 45 days to cancel a buyout agreement.
    Applies: Counts from the day the buyout agreement is signed. Only when the city's listed conditions are met.
    § 17.23.700 · code text
    The purpose of this Part 7 is to increase the fairness of Buyout Offers and Agreements by requiring Landlords provide Tenants with a City Disclosure form, and permitting Tenants to rescind Buyout Agreements, provided certain conditions are met, within forty-five (45) days of executing the Buyout Agreement.

Also in San Jose's code: Rental Dispute Mediation and Arbitration (Ch. 17.23, Part 7) — excludes mobilehomes and mobilehome parks. This page does not summarize it yet.

Hotel and short-term rental tax

San Jose code What San Jose's code adds
Tax rate
  • 4% of the rent charged by the operator.
    Applies: A separate hotel tax, in addition to the 6% hotel tax.
    § 4.74.050 · code text
    For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of four percent of the rent charged by the operator.
  • 6% of the rent charged by the operator.
    Applies: A separate 4% hotel tax also applies.
    § 4.72.040 · code text
    For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of six percent of the rent charged by the operator.
Who collects it
  • The operator; if unpaid to the operator, the finance director may require direct payment to the finance director.
    Applies: Federal and state employees on official business, who pay a 10% tax on rent; the guest pays the operator when rent is paid.
    § 4.75.040 · code text
    The transient shall pay the tax to the operator of the hotel at the time the rent is paid.

Condo conversions

San Jose code City law: after a conversion notice, tenants may stay until 180 days past the final public report or lease end, whichever is longer.

All 5 San Jose rules on condo conversions, with the code text →

Mobilehome park rent

San Jose code Cumulative total of maximum annual percentage increase for the current and previous year, applied to the then current base rent. The landlord may ask for an increase above the allowable amounts by filing a petition for a fair return determination.

All 7 San Jose rules on mobilehome park rent, with the code text →

Other San Jose rules on this

San Jose's code also has these chapters. We have not summarized their values on this page yet; read them in the library.

Who this affects

TenantsLandlordsProperty managers

Frequently asked questions

How much can a San Jose landlord charge for a security deposit?

San Jose has no local rule on this that we found (checked October 2026); state law applies: One month's rent, on top of the first month's rent (Civ. Code § 1950.5(c)(1), (c)(6)).

What is the hotel tax on short-term rentals in San Jose?

San Jose's code: 4% of the rent charged by the operator. (A separate hotel tax, in addition to the 6% hotel tax.) (§ 4.74.050); 6% of the rent charged by the operator. (A separate 4% hotel tax also applies.) (§ 4.72.040).

General information, not legal advice.

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