San Jose Rent Control: The 5% Rule, Just Cause and How to Petition

Which San Jose rental laws apply to your home?

Three sets of rules can stack on a San Jose rental, and the building type decides which ones reach you. The city's Rent Stabilization Program administers the first two.

For San Jose units that fall outside the ARO, the state cap for increases starting August 1, 2026 through July 31, 2027 is 8.6%, the Attorney General's figure for "all other counties," the group that includes Santa Clara County. The California rent increase notice rules guide walks through the state formula.

Is your apartment covered by San Jose rent control?

The ARO covers apartments with three or more units that were built and occupied before September 7, 1979, about 38,000 apartments by the city's count. Age and unit count both have to fit.

The city lists these as exempt from the ARO:

• Single-family homes, duplexes, condominiums and townhomes.
• In-law units, granny flats and accessory dwelling units.
• Hotels and boarding houses rented to transient guests for under 30 days, school dormitories and nonprofit homes for the aged.
• Units owned and operated by a government agency.
• Any unit first rented after September 7, 1979, and properties in unincorporated areas of San Jose.

If you cannot tell from the county assessor's records, the Rent Stabilization Program answers coverage questions at 408-975-4480 or RSP@sanjoseca.gov.

How is the 5% San Jose rent increase calculated?

SJMC section 17.23.310 limits the Annual General Increase to the monthly rent charged for the previous 12 months multiplied by 5%, and allows only one rent increase of any kind in a 12-month period. The section contains no provision for carrying unused increases into later years.

Example (hypothetical): rent on a covered one-bedroom has been $2,200 for the past 12 months. The most the landlord can add at the next increase is $110, for a new rent of $2,310. A notice raising rent to $2,354, a 7% increase, exceeds the limit by $44 a month.

• A landlord who has not substantially complied with the city's request to register the unit in the rent registry cannot raise the rent at all.
• The limit does not apply after a tenant moves out voluntarily or after a lawful eviction; the landlord can set the next tenant's starting rent.
• Written notice is still required under Civil Code section 827: at least 30 days for an increase of 10% or less.

What extra charges are allowed in a rent-stabilized apartment?

Section 17.23.315 bars passing charges through to tenants except as the chapter expressly allows, and it bars passing utility charges, such as water, sewer and refuse service, through to tenants, apart from submetered water, gas or electricity. It also caps several fees.

• Late fees cannot total more than 5 percent of the monthly rent, and only for a payment 3 or more days late.
• Bounced check charges cannot exceed the amount set in Civil Code section 1719(a)(1).
• Application screening fees cannot exceed the amount allowed by Civil Code section 1950.6(b).

Rent above 5% requires a landlord petition. A capital improvement passthrough cannot exceed 3 percent of the monthly rent, is not treated as rent, and covers only work finished within 12 months before the petition. A landlord can also petition for a fair return increase by showing that operating expenses exceed income.

How do you challenge an increase or lost services in San Jose?

Tenants in rent-stabilized units can file a petition with the Rent Stabilization Program over an invalid rent increase, health and safety problems, or service reductions. After filing, the program schedules a mediation or a hearing.

1. Confirm ARO coverage: building age, number of units and when your unit was first rented.
2. Gather the rent increase notice, your rent receipts for the last 12 months and your lease.
3. For repair problems, request a Code Enforcement inspection; the city treats the inspection report as presumptive evidence.
4. For a service reduction, record what was lost and when, with photos and copies of maintenance requests.
5. Send the landlord a written objection with your calculation and a response date.
6. If it is not resolved, download the Tenant Petition from the city's File a Petition page and submit it to the Rent Stabilization Program.

The tenant carries the burden of proof. If a service reduction is proven, the Hearing Officer can reduce or disallow an increase, credit rent already paid, or order a temporary or permanent rent reduction. Either side can appeal an administrative decision using the city's appeal form. For conditions problems, our landlord repair demand letter guide covers state habitability law.

When can a San Jose landlord end your tenancy?

Under the Tenant Protection Ordinance (SJMC Part 12, sections 17.23.1200 and following), tenants in covered buildings have just cause protection starting on the first day of the tenancy, not after a year as under state law. The landlord must use one of 13 listed causes.

The written notice must state the cause and give the notice period required by state law, and the landlord must send a copy to the city within three days. For the five no-fault causes, relocation benefits based on unit size are owed, and the city tells landlords to provide them when the notice is served (SJMC 17.23.1250(B)). The city publishes the current amounts on its Tenant Protection Ordinance page, and they change over time, so check the figures in effect on the date of your notice.

What happens if a San Jose landlord breaks these rules?

Failure to follow the Tenant Protection Ordinance is an affirmative defense in an eviction case (SJMC 17.23.1280). A tenant or the city can also bring a civil action for actual and exemplary damages, injunctive relief, costs and reasonable attorneys' fees, with treble damages for a willful violation.

The ARO also bars retaliation for asserting your rights, including threats to evict, harassment, reduced services, rent increases or new deposits and charges. The city asks tenants to put retaliation complaints in writing to the Rent Stabilization Program. If a landlord offers money to move out, Part 7 requires the city's disclosure form and gives you 45 days after signing to rescind, subject to the conditions in the regulations. Our guide to tenant rights when a building is sold covers what changes, and what does not, under a new owner.

When an over-5% San Jose increase or TPO notice needs an attorney letter

San Jose's ordinance gives you section numbers to point to: an increase above the 5% line on a pre-1979 building, a water or trash charge added on top of rent, or a no-fault notice served without relocation money. A letter that does the math and cites Chapter 17.23 gives the landlord a defined amount to fix before a petition or court case.

Through Talk to My Lawyer, a licensed California attorney writes your letter (working from your facts and documents, such as your lease, notices and rent receipts) and sends it on your behalf. City staff can explain the ordinances; personal legal advice comes from a lawyer who has your lease in hand.