San Jose Rent Control and Tenant Rights

San Jose rent control applies to a narrower set of homes than most renters expect. The city’s Apartment Rent Ordinance (ARO) covers only apartments in buildings of three or more units that were built and occupied before September 7, 1979. The Tenant Protection Ordinance (TPO) adds just cause eviction rules, and the Ellis Act Ordinance governs building withdrawals. The Housing Department’s Rent Stabilization Program runs all three. Most other San Jose rentals fall under the statewide cap in Civil Code 1947.12, explained in the AB 1482 rent cap guide.

Is my apartment covered by San Jose rent control?

The ARO covers “apartments with three or more units that were built and occupied prior to September 7, 1979,” about 38,000 units in all. The city lists these as exempt:

• single-family homes, and ADUs or in-law units;
• duplexes, condominiums and townhomes;
• hotels, and boarding houses for stays of under 30 days;
• nonprofit homes for the aged, school dormitories and government-owned units;
• any unit first rented after September 7, 1979;
• units in unincorporated areas outside the city limits.

So a 1975 fourplex in the city limits is almost certainly covered. A 1975 duplex, or a 1985 apartment complex, is not under the ARO but is probably under the state cap. For a specific address, call the Rent Stabilization Program’s coverage line at 408-975-4470.

Not under the ARO? The state cap probably covers you

Santa Clara County is not one of the five Bay Area counties the statute assigns to the San Francisco-Oakland-Hayward index. San Jose therefore uses the California CPI published by the Department of Industrial Relations, the same index as every county not named in the statute. The state cap is:

• 8.6% for increases taking effect August 1, 2026 through July 31, 2027;
• 7.7% for increases that took effect August 1, 2025 through July 31, 2026.

San Francisco, Oakland and Berkeley use 8.8% for the same period.

The state cap is measured from the lowest rent charged in the prior 12 months and allows no more than two increases in that period. It does not apply to:

• housing with a certificate of occupancy issued within the previous 15 years;
• a house or condo owned by an individual (not a REIT, a corporation or an LLC with a corporate member) that gave the tenant the statutory exemption notice;
• an owner-occupied duplex;
• deed-restricted affordable housing.

Check your unit with Is my rental exempt from the rent cap? The county-by-county table is in California rent increase limits for 2026.

How much can rent go up in San Jose in 2026?

Under the ARO, a landlord may impose one increase of up to 5% in any 12-month period. San Jose uses a fixed percentage, unlike Los Angeles, San Francisco or Oakland, which tie their rates to CPI. The limit was 5% last year and is 5% this year.

The ARO allows increases above 5% in some cases:

• Vacancy. There is no cap on the new rent after a voluntary vacancy or a lawful eviction.
• Capital improvements. A landlord can petition for a pass-through of up to 3% of monthly rent.
• Fair return. A landlord can petition for a fair return increase.
• Additional occupant. Landlord and tenant can file a joint petition for an extra 5% for each additional occupant.

The city’s ARO guidance also says a landlord cannot raise the security deposit during a tenancy.

Say you rent an ARO apartment for $2,400 and your increase takes effect October 1, 2026. The most the landlord can add is 5%, or $120, for a new rent of $2,520. If the same $2,400 unit were in a 1990 building under the state cap, the increase could reach 8.6%, or $206.40, for $2,606.40. The rent increase calculator uses the same 8.6% figure for Santa Clara County.

Rent Registry and notice requirements

San Jose adds a registration precondition. The city’s Know Your Rights brochure says a landlord “cannot legally increase rent until they register their ARO apartment through the rent registry and provide their tenants with a copy of the ARO rights.” The city’s tenant petition form lists “Unit not registered in Rent Registry” as a ground to challenge an increase.

The notice period is the same as state law. Civil Code 827 requires at least 30 days’ written notice for an increase of 10% or less and 90 days for more than 10%. A 5% ARO increase needs at least 30 days, plus five days if the notice is mailed. See the rent increase notice guide.

Just cause eviction under the Tenant Protection Ordinance

The TPO applies to landlords of “multifamily dwellings, guesthouses and unpermitted units.” It lists 13 just causes: eight based on the tenant’s conduct and five based on a landlord decision (causes 9 through 13). According to the city’s eviction process page, a landlord must:

• post or provide the TPO Required Posting;
• serve termination notices with the notice periods state law requires;
• attach the city’s Resources and Referral Notice to the termination notice;
• send a copy of the termination notice to the city within 3 days of serving it.

The exact number of units that makes a building “multifamily” under the TPO should be confirmed with the city before you rely on it. For houses and condos outside the TPO, the statewide rules in California just cause eviction generally apply after 12 months of occupancy.

San Jose relocation assistance amounts

For the five landlord-decision causes under the TPO (causes 9 through 13), San Jose requires relocation assistance. The table shows the amounts listed on the city’s fact sheet. The fact sheet does not state an effective date. Confirm the current figure with the Housing Department before relying on it.

For Ellis Act withdrawals of rent-stabilized, pre-1979 buildings, the city’s fact sheet adds 40% for qualified tenants:

The city’s Ellis fact sheet says the amounts “will be adjusted each year,” which is another reason to confirm the current figure with the Rent Stabilization Program. Whatever the local amount, the state’s one-month relocation under Civil Code 1946.2 is credited against it; see California relocation assistance.

San Jose’s Ellis Act Ordinance

When an owner takes a building off the rental market, the city’s Ellis Act Ordinance page describes these rules:

• Which buildings. The Ellis page says buildings of 3 or more units. The city’s Tenant Protection overview page says four or more, so ask the city which applies to your building.
• Notice. At least 120 days. It extends to one year for tenants who are low-income, 62 or older, disabled, or terminally or catastrophically ill, and for households with school-aged children.
• Pre-1979 rent-stabilized buildings. Tenants get full relocation. If the site is redeveloped, 50% of the new units go under the ARO, or 20% must be onsite affordable units.
• Post-1979 buildings. Tenants get relocation counseling.
• Right to return. Tenants may return if the units come back on the rental market within 10 years. This does not apply after demolition and rebuild.

The statewide framework is in the Ellis Act explained.

Buyout offers in San Jose

This guide does not cover any San Jose-specific buyout or cash-for-keys ordinance, and California has no statewide buyout-disclosure statute. A useful benchmark is what the landlord would owe if it used a no-fault cause instead, including the relocation amounts above. More in cash for keys in California.

Where to get help in San Jose

The City of San José Housing Department’s Rent Stabilization Program is at 200 E. Santa Clara Street, 12th Floor, San José, CA 95113.

• Program line: 408-975-4480.
• Coverage questions: 408-975-4470.
• Email: [email protected] for the rent program, [email protected] for eviction questions.
• City main line: 408-535-3500.

The Tenant Protection page links to the ordinances and forms.

Questions people ask

How much can a landlord raise rent in San Jose in 2026?

For an ARO apartment, 5% once in any 12 months. For a San Jose rental under the state cap, 8.6% for increases taking effect August 1, 2026 through July 31, 2027, and 7.7% before that.

Does San Jose rent control apply to houses and condos?

No. Single-family homes, duplexes, condos and townhomes are exempt from the ARO. Many are still under the state cap unless the owner is an individual who gave the statutory exemption notice.

Why is the state rent cap in San Jose 8.6% and not 8.8%?

Santa Clara County is not on the statute’s list of San Francisco-area counties, so it uses the Department of Industrial Relations California CPI. That produces 8.6% for increases from August 1, 2026.

Can my San Jose landlord raise rent if the unit is not registered?

The city says a landlord cannot legally increase rent on an ARO apartment until it is registered in the Rent Registry and the tenant has a copy of the ARO rights. An unregistered unit is a listed ground for a tenant petition.

Related California renter guides

• San Francisco tenant rights and the Rent Board
• Oakland rent control and tenant rights
• California rent increase limits for 2026 by county
• Rent increase calculator: your maximum legal rent
• Just cause eviction rules under state law
• When a California landlord must pay you to move
• Cash for keys and tenant buyouts in California

This page explains what the cited California law says. It is not legal advice. Last verified September 28, 2026.