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Santa Clara County · Renting & eviction

Relocation payments in Santa Clara County

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.

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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.

Each rule below links to the section of the Santa Clara County Municipal Code it was read from, with the code text one click away (checked October 2026). General information, not legal advice.

What Santa Clara County's code says

Santa Clara County code What Santa Clara County's code adds
Amount
  • Adequate, legal substitute housing at no extra cost to the tenant while they must be out.
    Applies: One of 2 options (the other is a relocation payment), set in a written tenant-owner agreement.
    § C5-3 · code text
    The property owner shall provide, at no additional expense to the tenant, adequate and legal housing for the period that the tenant is required to vacate the structure, as evidenced by a written agreement between the tenant and property owner;
  • 3 months' fair market rent plus utilities, from the current HUD schedule, sized to the household, plus the deposit refund.
    Applies: When the tenant gets a relocation payment instead of substitute housing.
    § C5-3 · code text
    The property owner shall provide a relocation payment which is equal to three months fair market rent, plus utilities, as established by the must current federal Department of Housing and Urban Development (HUD) schedule of fair market rents in the County for a dwelling unit which size shall be appropriately computed based upon tenant household size and according to HUD standards.
Exemptions
  • No relocation assistance is due if there is no order to vacate, the landowner applies to remedy the unsafe or hazardous condition, continues a good faith effort to comply with all abatement conditions, and does not seek to evict any tenant in the interim
    § C5-3 · code text
    In no event shall relocation assistance be due if neither the Building Official nor Health Officer orders the vacation of the premises, the landowner applies to remedy the unsafe or hazardous condition and continues to make a good faith effort to comply with all conditions to abate such unsafe or hazardous conditions, and does not, in the interim, seek to evict any tenant(s), constructively or otherwise.
When it is paid
  • When the vacate order is issued.
    Applies: When the Building Official or Health Officer orders the premises vacated for unsafe or hazardous conditions.
    § C5-3 · code text
    Relocation assistance shall be provided upon the order of the Building Official or the Health Officer to vacate any premises due to unsafe or hazardous conditions
  • Within 1 week after the eviction notice is served.
    Applies: When the owner serves an eviction notice because of unsafe or hazardous conditions.
    § C5-3 · code text
    or within one week of the service by a landowner upon a tenant of a notice of eviction due to unsafe or hazardous conditions.
When relocation is owed
  • A vacate order, or an owner's eviction notice, because of unsafe or hazardous conditions.
    § C5-3 · code text
    Eviction notification and relocation assistance, as provided below, shall be provided by a landowner to any tenant upon an order of the Building Official or Health Officer to vacate any premises due to unsafe or hazardous conditions, or upon service by a landowner of a notice of eviction due to unsafe or hazardous conditions.
  • Eviction notices within 6 months of a notice of intent to record a code violation are presumed hazard-related, but rebuttable.
    Applies: Notice served within 6 months of the Building Official's or Health Officer's notice to the owner.
    § C5-3 · code text
    For purposes of this division, it shall be rebuttably presumed that a notice of eviction is due to unsafe or hazardous conditions, if it is served within six months of the notification of a landowner by the Building Official or Health Officer of intent to record a notice of violation of the Uniform Housing Code or the Health and Safety Code.

The California rule underneath

Where Santa Clara County's rule above does not cover a situation, state law still applies. For the statewide rule on its own, see Relocation under California's just-cause law.

CA state law The statewide rule underneath
No-fault eviction relocation assistance
One month's rent (as relocation payment or rent waiver), paid within 15 calendar days of the notice
Applies: For no-fault just causes (owner move-in, withdrawal from market, substantial remodel, government order) on covered units; regardless of the tenant's income.
Civ. Code § 1946.2(d)(3)(A)

Who this affects

TenantsLandlordsProperty managers

Frequently asked questions

Does a Santa Clara County landlord have to pay relocation?

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.

General information, not legal advice.

Ask about a specific Santa Clara County property

Ask GoCodebook how Santa Clara County's relocation payments rules apply to your situation and get an answer that cites the section.

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More on renting & eviction in Santa Clara County

All renting & eviction rules in Santa Clara County

Relocation under California's just-cause law

Santa Clara County Municipal Code — full text