san jose eviction laws

San Jose’s eviction ordinance is called the Tenant Protection Ordinance (TPO) – It can be found in San Jose Municipal Code (SJMC) Chapter 17.23, Part 12, §§17.23.1200-17.23.1290).  The TPO went into effect June 16, 2017.  

The TPO requires a landlord give a just-cause reason to eviction someone from an apartment with 3 or more units (including condos and townhouses), all unpermitted units (illegal in-law unit, or illegally converted garage), and guestroom in any guesthouse (boarding house). 

The just cause reason must be stated in the eviction notice as the justification for the eviction.

Rental units in San Jose that are affected by the TPO:

• Rental Property designed for 3 or more families living independently of each other, doing their own cooking (apartments, condominium and townhomes);
• All unpermitted units (illegal in-law unit, or illegally converted garage);
• Guestroom in any guesthouse (boarding houses); and
• Rent Stabilized Units (buildings affected by the ARO)

The ordinance does not apply to duplexes, single-family homes, in-law units, condominiums, and second units (unless they are unpermitted units).

In the City of San Jose, tenant(s) are given just-cause protection the first day of tenancy, unlike the California’s Tenant Protection Act of 2019, which requires 12-months of tenancy. 

The Apartment Rent Ordinance (ARO), which limits the annual rent increase on certain properties, together with the TPO, govern the rentals in the City of San Jose.  Rental units that are governed by the ARO have additional requirements as spelled out by the TPO (§17.23.600).

In addition, California has a statewide law, the Tenant Protection Act of 2019 (TPA), that affords both just cause protection and rent control protection to tenants in certain situations.

A landlord, or agent, must state one of the 13 just causes listed under the TPO in the eviction notice to the tenant(s).  Just cause is divided into two sections, “no-fault” and “at-fault.”  No-cause evictions are illegal and cannot be enforced. 

Landlords are required to list one of the 13 just causes enumerated under the TPO as a justification for the eviction in the notice to the tenant(s).  Eight of the just causes are categorized as “at-fault” and five are “no-fault” just causes.  Landlords are not required to compensate tenants for “at-fault” terminations but must compensate tenants for “no-fault” terminations with relocation assistance.

1. Nonpayment of Rent
2. Material or Habitual Violation of the Tenancy
3. Substantial Damage to the Apartment
4. Refusal to Agree to a Like or New Rental Agreement
5. Nuisance Behavior
6. Refusing Access to the Apartment
7. Unapproved Holdover Subtenant
8. Criminal Activity

1. Substantial Rehabilitation of the Apartment
2. Ellis Act Removal
3. Owner Move-in
4. Order to Vacate
5. Vacation of Unpermitted Apartment

The amount of assistance required under the TPO (2022):

Base Assistance:

• Studio – $6,925
• One-Bedroom – $8,400
• Two-Bedroom – $10,353
• Three-Bedroom – $12,414

In addition to the just-cause reason required in the eviction notice, landlords are also required to provide a copy of the TPO Required Posting and copy of Resources and References to the tenant(s). 

The following statement needs to be included in the notice terminating tenancy:

1) The notice is being served in good faith; and 2) That information regarding the notice terminating tenancy, including information on homeless prevention, is available from the Rent Stabilization Program, 200 E. Santa Clara St., 12^th Floor, San José, CA 95112, phone (408) 975-4480.

Within 3-days of any notice sent to the tenant(s), landlords must submit a copy of the eviction notice to the City of San Jose through the Rent Stabilization Program’s online portal.

If an unlawful complaint is filed, a copy of the summons and complaint must also be given to the City of San Jose, within 3-days, through the Rent Stabilization Program’s online portal.

Non-compliance with any part of the TPO’s requirement is an affirmative defense to the eviction that can be brought up in court proceedings.

Guilty of a misdemeanor, with fines of $500 (first offense) to $1000 (subsequent offenses), if the court finds the landlord guilty of violating a provision or failing to comply with any requirement

And, the landlord can be liable for treble (triple) damages (actual and exemplary), costs, and reasonable attorney fees.