Santa Clara County · Renting & eviction
Renting in Santa Clara County: the rules that apply
In unincorporated Santa Clara County, the county's own renting rules cover tenants forced out by unsafe or hazardous conditions: relocation help and a rent limit on substitute units. State law covers eviction reasons, notices and deposits there.
Key points
- Relocation pay: In unincorporated areas, unsafe-condition vacate orders or evictions require substitute housing or 3 months' HUD fair market rent plus utilities, plus the deposit refund.
- Substitute units: After an eviction for ordered repairs, substitute-unit rent may not exceed the vacated unit's until 180 days after completion or move-back, whichever is later.
- Just cause: The county has no just-cause rule of its own; state law requires a just cause to end a covered unit's tenancy after 12 months.
- Notice to end: State law: 60 days' notice to end a tenancy, 30 if the tenant has lived there less than 1 year.
- Hotel tax: In unincorporated areas, the county hotel tax is 8% of the rent; stays of more than 30 days are not taxed.
Each rule below is marked Santa Clara County code or CA state law and links to the section it comes from (checked October 2026). General information, not legal advice.
Santa Clara County's code applies in the unincorporated areas of the county. Cities in Santa Clara County have their own codes and their own pages.
Rent increases
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CA state law Underneath, California law still applies. Rent cap right now: 8.6% for increases taking effect August 1, 2026 through July 31, 2027 (5% plus 3.6% inflation) (Civ. Code § 1947.12(a)(1), (g)). California's statewide rent cap — the full state rule →
Eviction and just cause
CA state law Santa Clara County has no rule of its own on this, so California law applies. Just cause required: After 12 months of lawful occupancy, the owner may terminate only for a just cause stated in the notice (Civ. Code § 1946.2(a)). Just-cause eviction in California — the full state rule →
Relocation payments
Santa Clara County code In unincorporated areas, unsafe-condition vacate orders or evictions require substitute housing or 3 months' HUD fair market rent plus utilities, plus the deposit refund.
Notices
We found no Santa Clara County rule on this in the Santa Clara County Municipal Code (checked October 2026). The state rule below applies.
| Notice of a rent increase | At least 30 days' notice for an increase of 10% or less; at least 90 days for an increase of more than 10% Applies: The 10% is measured against the rent charged at any time in the 12 months before the increase, counting all increases in that period together. |
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| Notice to end a month-to-month tenancy (landlord) | 60 days' notice; 30 days if the tenant has lived there less than one year Applies: Where the unit is covered by just cause (Civ. Code § 1946.2) or a local ordinance, the notice must also state a qualifying cause. |
| Notice to end a month-to-month tenancy (tenant) | At least as long as the rental period (one month for a month-to-month tenancy) |
| 30-day notice when the unit is sold to an owner-occupant | 30 days' notice when a separately sellable unit is in escrow to a natural person who will live there for at least a year Applies: Notice within 120 days of opening escrow, given once, and all § 1946.1(d) conditions met. |
| Notice to pay rent or quit | 3 days, not counting Saturdays, Sundays and judicial holidays, stating the amount due and how to pay Applies: May be served any time within one year after the rent became due. |
| Notice to cure a lease violation or quit | 3 days, not counting Saturdays, Sundays and judicial holidays, to perform the broken lease term or leave |
| No fee for serving notices | A landlord may not charge the tenant a fee for serving or posting a notice |
Security deposits
CA state law Santa Clara County 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
CA state law Santa Clara County has no rule of its own on this, so California law applies. Retaliation protection period: For 180 days after a tenant complains about habitability (to the landlord or an agency), the landlord may not evict, raise rent or cut services in retaliation (Civ. Code § 1942.5(a), (b)). Retaliatory eviction in California — the full state rule →
Harassment and lockouts
CA state law Santa Clara County 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 Santa Clara County 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 Santa Clara County 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 →
Hotel and short-term rental tax
| Stays not taxed |
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Who this affects
Frequently asked questions
How much can rent go up in Santa Clara County?
After an eviction for ordered repairs, substitute-unit rent may not exceed the vacated unit's until 180 days after completion or move-back, whichever is later.
Does a landlord in Santa Clara County need a reason to evict?
The county has no just-cause rule of its own; state law requires a just cause to end a covered unit's tenancy after 12 months.
How much notice does a Santa Clara County landlord have to give?
State law: 60 days' notice to end a tenancy, 30 if the tenant has lived there less than 1 year.
How much can a Santa Clara County landlord charge for a security deposit?
Santa Clara County 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 Santa Clara County?
In unincorporated areas, the county hotel tax is 8% of the rent; stays of more than 30 days are not taxed.
General information, not legal advice.
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