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San Jose, California

San Jose Landlord-Tenant Laws

Security deposit limits, eviction notices, rent control, and more for San Jose, California.

How we research these summaries

Every rule on this page is drawn from state statutes and municipal codes and summarized with AI assistance. Each one cites the statute it's based on and links to a published text of that law so you can read it firsthand. Where a page says a city or county has no local rule on a topic, that means none was found for the topics covered here — not that none exists. Local governments also regulate rental housing in ways these pages don't track, including registration, licensing, inspections and habitability standards. These summaries may be incomplete or out of date, laws change often, and every property and tenancy has specifics a summary can't capture — so treat this as a starting point for your own research, not as legal advice, and check with the local jurisdiction and a qualified attorney before acting on your particular situation.

What to Know in San Jose

Sources last checked July 2026

San Jose caps rent increases at a flat 5% a year — not CPI-indexed like most Bay Area caps — for apartment buildings of three or more units first occupied before September 7, 1979; single-family homes, duplexes, condos, and townhomes are not covered. The same buildings fall under a Tenant Protection Ordinance requiring just cause on one of thirteen enumerated grounds, with no-fault relocation assistance set on a fixed schedule by unit size rather than as a multiple of rent.

  • San José's Tenant Protection Ordinance requires just cause to evict and enumerates thirteen grounds, eight based on tenant fault and five no-fault.
  • San José's Apartment Rent Ordinance limits rent increases on covered units to 5% in any twelve-month period.
  • Security deposits capped at 1 month's rent
  • 30-day advance written notice required for rent increases
  • 30-day move-out notice required for month-to-month tenancies
5 rules summarized · Each linked to the law it cites

San Jose Local Rules

Eviction Notice Requirements

What are the eviction notice requirements in San Jose?

San José's Tenant Protection Ordinance requires just cause to evict and enumerates thirteen grounds, eight based on tenant fault and five no-fault. It covers apartment buildings of three or more units built and first occupied before September 7, 1979, including unpermitted units within such a building; single-family homes, duplexes, condominiums, townhomes and accessory dwelling units are excluded. Where the ground is no fault of the tenant, relocation assistance is owed on a schedule set by unit size — currently $6,925 for a studio, $8,400 for a one-bedroom, $10,353 for a two-bedroom and $12,414 for a three-bedroom. These are amounts the city sets and adjusts, not a multiple of the tenant's actual rent. Violating the ordinance carries a penalty of up to $10,000.

San José Municipal Code ch. 17.23 (Tenant Protection Ordinance)
Rent Control / Rent Increase Caps

Is there rent control in San Jose?

San José's Apartment Rent Ordinance limits rent increases on covered units to 5% in any twelve-month period. Unlike most Bay Area caps this is a flat figure rather than a CPI-indexed one, so it does not change from year to year. Coverage is narrow: the ordinance applies to apartment buildings of three or more units built and first occupied before September 7, 1979. Single-family homes, duplexes, condominiums, townhomes and accessory dwelling units are not covered. Units outside the ordinance generally fall under California's AB 1482, which permits 5% plus the regional change in the cost of living, or 10%, whichever is lower.

San José Municipal Code ch. 17.23 (Apartment Rent Ordinance)
Security Deposit Limits

What is the security deposit limit in San Jose?

California law caps security deposits at one month's rent from July 1, 2024, with an exception permitting two months for a natural-person landlord who owns no more than two residential properties totalling no more than four units. San José adds one local restriction for units covered by the Apartment Rent Ordinance: the landlord may not raise the security deposit during a continuing tenancy, except for a one-time fee when a pet is added.

San José Municipal Code ch. 17.23; Cal. Civ. Code § 1950.5

Applicable California State Rules

These state-level rules apply in San Jose where no local override exists.

Rent Increase Notice Periods State Law

How much notice is required for rent increases in San Jose?

Landlords must provide written notice before raising rent on a month-to-month tenancy. A minimum 30 days' written notice is required when the increase is 10% or less of the lowest rent charged in the preceding 12 months. A minimum 90 days' written notice is required when the increase exceeds 10% of the lowest rent charged in the preceding 12 months, either individually or cumulatively with prior increases over that period.

California Civil Code § 827
Move-Out & Lease Termination Notice State Law

What is the move-out notice requirement in San Jose?

For month-to-month tenancies, tenants must provide at least 30 days' written notice to terminate. Any lease clause requiring more than 30 days' notice from the tenant is void under Civil Code § 1953. Landlords must provide 30 days' notice if the tenant has resided in the unit for less than 1 year, or 60 days' notice if the tenant has resided in the unit for 1 year or more. These are minimum termination notice requirements; separately, just cause eviction requirements under AB 1482 may apply for tenants with 12+ months of occupancy.

California Civil Code §§ 1946, 1946.1

Other California Cities & Counties

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