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Tenant Protection Ordinance
Ordinance News

On-line Submissions: Landlords and property managers can now submit a Notice to Terminate Tenancy with Just Cause using our simple online form.

June 15, 2017: The Housing Department released an Information Memorandum explaining specific provisions of the Tenant Protection Ordinance, and includes a Frequently Asked Questions sheet.

Watch our PSA for more information about the Tenant Protection Ordinance:

PSA

Ordinance Overview


On May 9, 2017, the City Council adopted the 
Tenant Protection Ordinance.  Additionally, the City Council adopted an Urgency Ordinance making the new regulations effective immediately. 

The Tenant Protection Ordinance outlines landlord responsibilities and tenant rights regarding notices to terminate.  Under the Tenant Protection Ordinance, landlords of multifamily dwellings, guesthouses and unpermitted units will only be authorized to terminate tenancy under one of the following 12 listed cause
s (also view this flyer in Spanish and Vietnamese):

TPO  

 The following documents are available for the Tenant Protection Ordinance:


Frequently Asked Questions

Covered vs. Non-Covered Properties

Q: What is the Tenant Protection Ordinance?
A: The Tenant Protection Ordinance provides requirements for providing notices to vacate to for tenants living in apartments with three units or more in San José.  The ordinance eliminates no-cause notices and requires a just cause for all notices to vacate. 

Q: What is Just Cause?
A: It is a requirement that any notice to vacate (any action to recover possession) state a just cause for eviction. Notice to vacate must include a reason from the list of 12 just cause terminations listed in the Tenant Protection Ordinance. (See Section 17.23.1240)

Q: What is the Urgency Ordinance?

A: The Urgency Ordinance allowed Tenant Protection Ordinance to take effect immediately following the May 9, 2017 City Council meeting. Notices given on May 10, 2017 and after require a just cause for eviction. (See Section 17.23.1240)

Q: What are “covered” buildings?
A: Properties covered: 1) properties subject to Apartment Rent Ordinance, 2) other multifamily dwellings with at least three units, 3) units built without a permit, or operating illegally, 4) rental apartments with a condo map, and 5) guesthouses. (See Section 17.23.1230)

For Tenants

Q: What does it mean if I live in a covered building? 
A: These buildings are now covered by Just Cause and any 30-60-90 day notice to vacate must list one of the 12 just cause reasons for eviction. (See Section 17.23.1250)

Q: Am I covered if I live in any of these buildings: duplex, single family home, town house, or condo?
A: No, only apartment buildings with three units or more are covered. Duplexes, single family homes, condos, and/or second units are not covered except when the rental unit is unpermitted. An owner does not need to list one of the 12 just causes and can provide a no-cause notice. (See Section 17.23.1230)

Q: What if I receive a no-cause notice? 
A: No-cause notices are no longer valid.  Contact Rental Rights and Referrals Program immediately to learn about your rights. (See Section 17.23.1260)


For Owners

Q: What if I give my tenants a no-cause notice? 
A: As of May 10, 2017, these no-cause notices are not allowed. You must rescind your notice immediately. (See Ordinance NO. 29912)

Q: May I increase rent after a just cause eviction?
A: In those circumstances, a rent increase is limited to a post judgement of an eviction notice for non-payment of rent or a lease violation. Rent may not be raised after other just cause evictions. (See Section 17.23.190)

Q: May I evict a tenant for subleasing when the lease clearly states subleasing is a lease violation when they are renting to a family member?
A: The Tenant Protection Ordinance states that if a tenant is subleasing to a family member (including spouse, siblings, etc.), the tenant may not be evicted. (See Section 17.23.1250)