San Jose, California Tenant Rights: 5% Rent Cap and Just Cause

Short answer: San Jose tenant rights depend first on when your building went up. About 38,000 apartments in buildings of three or more units built before September 7, 1979 fall under the city’s Apartment Rent Ordinance, which allows one 5% increase per 12 months, while a separate Tenant Protection Ordinance requires one of 13 just causes to evict in most multifamily buildings. Everyone else relies mainly on California tenant rights under the statewide rent cap.

Silicon Valley rents put real money behind those rules. A San Jose tenant in a 1960s garden apartment and one in a 2015 mid-rise may pay similar rent but have very different protections. This guide explains the city’s four rental ordinances, the Rent Registry that backs them up, who inspects buildings, and how evictions move through the Santa Clara County courts.

At a glance: San Jose tenant rights

Topic	San Jose rule	Source
Rent control	Apartment Rent Ordinance (ARO): one 5% increase per 12 months for 3+ unit buildings built and occupied before Sept 7, 1979	Rent Stabilization Program
Just cause	Tenant Protection Ordinance (TPO): 13 just causes; covers 3+ unit buildings, guesthouses and unpermitted units	City of San Jose
Security deposit	No more than one month’s rent (since July 1, 2024); refund within 21 days	CA DRE guide
Entry notice	24 hours’ written notice presumed reasonable; 6 days if mailed	CA DRE guide
Eviction court	Superior Court of California, County of Santa Clara; 10 days to respond for cases filed on or after Jan 1, 2025	Court self-help
Key local agency	Housing Department’s Rent Stabilization Program, 408-975-4480	Renting Has Its Rights

The Apartment Rent Ordinance: San Jose’s rent stabilization

San Jose adopted rent stabilization in July 1979 and split it into separate apartment and mobilehome ordinances in 1985. The Apartment Rent Ordinance covers apartments in buildings with three or more units that were built and occupied before September 7, 1979.

The city lists what is not covered: single-family homes, ADUs and in-law units, duplexes, condominiums, townhomes, short-stay hotels, nonprofit homes for the aged, dormitories, government-owned units, any unit first rented after September 7, 1979, and properties in unincorporated parts of San Jose.

How much can rent go up?

The ARO allows one increase of 5% in a 12-month period. Exceptions include an increase after a voluntary move-out or a lawful eviction. A landlord can also petition to pass through the cost of specific capital improvements, capped at 3% of monthly rent and completed within the prior 12 months, or seek a fair-return increase by proving expenses exceed income. Tenants and landlords may jointly petition for 5% per additional occupant.

Tenant petitions

You can file for an administrative hearing if services were cut without a matching rent reduction, or if housing code violations exist. A Code Enforcement inspection report counts as presumptive evidence, and the hearing officer can reduce or disallow an increase, order a rent credit or lower your rent. The ordinance also bars retaliation, including threats to evict or new charges, against tenants who assert their rights. Contact the Rent Stabilization Program at 408-975-4480 to check whether a property is covered.

The program also maintains the city’s Rent Registry, and the city’s rental rights page links to the registry portal. Our rent increase checker lets you test a proposed amount.

Mobilehome spaces

San Jose also regulates space rents in older mobilehome parks. Under the Mobilehome Rent Ordinance, which covers spaces whose plumbing, electrical and sewer permits were issued before September 7, 1979, annual increases are limited to 75% of the change in the San Francisco-Oakland CPI, with a 3% minimum and a 7% maximum. A park that skipped an increase may combine two years, and residents can take part in any hearing on a park owner’s request to exceed the maximum.

Just cause under the Tenant Protection Ordinance

The TPO reaches further than rent control. It covers tenants in buildings of three or more units regardless of age, plus guesthouses and unpermitted units. A landlord may end a tenancy only for one of 13 just causes:

Tenant-based: nonpayment of rent, material or habitual lease violation, damage to the apartment, refusal to sign a similar or new agreement, disorderly behavior, refusing lawful access, an unapproved holdover subtenant, and criminal activity.
Landlord-based: substantial rehabilitation, removal under the Ellis Act, owner move-in, a code enforcement action requiring move-out, and converting an unpermitted unit to permitted use.

The landlord must name the cause in a written notice that gives the notice period required by state law, include the city’s Resources and Referral Notice, and file a copy with the city within three days of serving you. Ask the Rent Stabilization Program whether your landlord filed it. Landlords also may not threaten to report a tenant’s immigration status in retaliation.

Relocation benefits

For the five landlord-based causes, the landlord must pay relocation benefits at the time of service. The amounts the city posted in 2025 were $6,925 for a studio, $8,400 for a one-bedroom, $10,353 for a two-bedroom and $12,414 for a three-bedroom. They may have changed since, so confirm the current amount with the program.

The Ellis Act Ordinance

When an owner demolishes or withdraws pre-1979 apartments from the market, the city’s Ellis Act Ordinance sets the rules. Displaced tenants often have a right to relocation benefits and at least 120 days’ advance notice.

Vouchers, discrimination and inspections

San Jose’s Housing Payment Equality Ordinance bars discrimination against housing voucher holders applying for any type of rental, except a single-family home where the landlord lives. Discrimination complaints can go to the Rent Stabilization Program, the California Civil Rights Department or HUD. See how Section 8 works for the voucher basics.

Code Enforcement’s Multiple Housing Inspection Program routinely inspects multifamily buildings on a tiered schedule: every six years for high performers with annual self-certification, every five years for Tier 2, and every three years for Tier 3 buildings with more violations and verified complaints. Tenants can also request an inspection of their unit or common areas and get a copy of any correction notice, which doubles as evidence in an ARO petition.

California tenant rights that fill the gaps

If your building was built after 1979, or is a single-family home or duplex, the state Tenant Protection Act often applies. According to the California Department of Real Estate’s 2026 landlord-tenant guide, covered landlords can raise rent in a 12-month period by no more than 5% plus inflation or 10%, whichever is lower. The cap does not apply to housing less than 15 years old, and the law expires January 1, 2030 unless extended.

The Act’s just-cause rule applies once a tenancy has lasted 12 months, and a no-fault termination requires the landlord to pay one month’s rent for relocation or waive the final month’s rent. Where the TPO also applies, its 13 causes and larger relocation amounts govern. See how much a landlord can raise rent and our California rent increase laws guide.

Deposit: since July 1, 2024, a landlord may require no more than one month’s rent, furnished or not, and must return it or itemize deductions within 21 days of move-out. Details: our California security deposit guide.
Entry: 24 hours’ written notice is presumed reasonable, or six days if mailed. Compare states on landlord entry notice by state.
Repairs: for serious health and safety defects, repair and deduct is limited to one month’s rent and to twice in any 12-month period, according to the DRE guide.

Worked example: a 1960s fourplex in Willow Glen

Priya rents a one-bedroom in a four-unit building built in 1964 for $2,400 a month. Her last increase took effect 13 months ago. Her landlord sends notice raising the rent to $2,700.

Coverage: three or more units, built before September 7, 1979, so the ARO applies.
The cap: one 5% increase per 12 months, so the most she owes is $2,400 × 1.05 = $2,520, not $2,700, unless the city approved a capital improvement pass-through, which is capped at 3% and is not considered rent.
Next step: she calls the Rent Stabilization Program to confirm coverage, then files a petition or objection if the landlord insists on the higher figure.
If she’s served with a notice to leave: it must name one of the 13 just causes, and the landlord must file a copy with the city within three days. If the reason is owner move-in, she is owed relocation benefits at the time of service; at the 2025 rate that’s $8,400 for a one-bedroom.

Eviction in San Jose: Santa Clara County court and legal help

Evictions, called unlawful detainers, are filed in the Superior Court of California, County of Santa Clara. According to the court’s eviction self-help page, you have 10 days to respond for cases filed on or after January 1, 2025. Civil cases are heard at the Downtown Superior Court and the Old Courthouse.

The court works with Project Sentinel to provide free landlord-tenant mediation, and it refers tenants to the Asian Law Alliance, Bay Area Legal Aid, Community Legal Services, the Law Foundation of Silicon Valley and Senior Adults Legal Assistance. Contact one of them as soon as you’re served.

Two city-level checks come before any court date. First, the notice must name one of the 13 TPO causes and include the city’s Resources and Referral Notice. Second, the landlord must have filed a copy with the city within three days of serving you; the Rent Stabilization Program can tell you whether that happened. The statewide unlawful detainer steps that follow are covered in our California eviction process guide.

Local help in San Jose

Coverage, notices and petitions: the Housing Department’s Rent Stabilization Program, 408-975-4480, via its Renting Has Its Rights page.
Free legal help: the Law Foundation of Silicon Valley, which offers free housing legal services in many languages, with weekly walk-in hours and phone intake.
Mediation and other legal aid: the groups the court’s self-help page lists, including Project Sentinel and Bay Area Legal Aid.
Unsafe conditions: Code Enforcement, whose inspection report can support a rent petition.

Frequently Asked Questions

Is my San Jose apartment rent controlled?

Only if it’s in a building with three or more units built and occupied before September 7, 1979. Duplexes, condos, townhomes, single-family homes and newer buildings fall outside the ARO, though state rules may apply.

How often can my landlord raise rent under the ARO?

Once every 12 months, by no more than 5%, unless the city approves a petition for capital improvements, fair return or an added occupant.

Does San Jose’s just-cause law cover newer buildings?

Yes. The Tenant Protection Ordinance covers buildings with three or more units regardless of age, plus guesthouses and unpermitted units.

How much relocation money do I get for an owner move-in?

The city’s posted 2025 amounts range from $6,925 for a studio to $12,414 for a three-bedroom, paid when the notice is served. Confirm the current figure with the Rent Stabilization Program.

Can a San Jose landlord refuse my housing voucher?

No, under the Housing Payment Equality Ordinance, except for a single-family home where the landlord also lives.

How long do I have to answer an eviction lawsuit?

Ten days for Santa Clara County cases filed on or after January 1, 2025. Get help from the court’s Self-Help Center or a legal aid group right away.

This page is general information, not legal advice. If you’ve received an eviction notice, call the Rent Stabilization Program at 408-975-4480 to confirm your landlord filed it, then contact the Law Foundation of Silicon Valley or another court-listed legal aid group before your response deadline. See also cities with rent control and landlord-tenant court near me.

Nearby and related city guides: Los Angeles tenant rights, San Diego tenant rights, San Francisco tenant rights, Oakland tenant rights. See every city in our tenant rights by city index.