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
| Required disclosure |
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|---|---|
| Time to cancel |
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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
| Tax rate |
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|---|---|
| Who collects it |
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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.
- Rental Dispute Mediation and Arbitration (Ch. 17.23, Part 7) — excludes mobilehomes and mobilehome parks
- Mobilehome Rent Ordinance (Ch. 17.22) — mobilehome park spaces only
- Rental Dispute Mediation and Arbitration (§§ 17.23.310–17.23.325) — rent stabilized units; mobilehomes excluded
- Rental Dispute Mediation and Arbitration (§§ 17.23.1240–17.23.1280) — excludes mobilehomes and mobilehome parks
- Residential Condominium and Community Apartment Project Regulations (§ 20.170.180) — condominium and community apartment conversions only
- Mobilehome Park Conversions to Resident Ownership or to Any Other Use (§ 20.180.250) — mobilehome park conversions only
- Mobilehome Rent Ordinance (§ 17.22.2010) — mobilehome park spaces only
- Rental Dispute Mediation and Arbitration (§§ 17.23.510, 17.23.1270) — excludes mobilehomes and mobilehome parks
Who this affects
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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