Show/Hide

Yes, we have a new look.

Welcome to the City of San José's new digital front door!

Know Your Rights

Overview

This brochure provides an overview of your rights as a renter in the City.

The Tenant Protection Ordinance specifies landlord responsibilities and tenant rights regarding notices to terminate. Under the Tenant Protection Ordinance (TPO), landlords of multifamily dwellings, guesthouses and unpermitted units are only authorized to terminate tenancy for the 13 listed causes below (the list is available in Spanish and Vietnamese). Landlords must submit a Notice to Terminate Tenancy with Just Cause using our simple online form to the Housing Department's Rent Stabilization Program.

Just Cause Reasons Due to Tenant Actions

  1. Nonpayment of rent
  2. Material or habitual violation of the lease
  3. Damage to the apartment
  4. Refusal to agree to a similar or new rental agreement
  5. Disorderly behavior/disturbing the peace
  6. Refuse access to the apartment when requested in accordance with law
  7. Unapproved holdover subtenant
  8. Criminal activity

Just Cause Reasons Due to Landlord Decisions or Consequence of Actions

  1. Substantial rehabilitation of the apartment
  2. Removal of apartments from the rental market under the Ellis Act
  3. Owner move-in
  4. City code enforcement actions requiring a move out
  5. Convert an unpermitted apartment for permitted use

Relocation benefits must be paid when a tenant is being removed from an apartment for reasons 9-13. Benefits are paid based on the size of the unit occupied by the tenant:

  • Studio: $6,925
  • 1-Bedroom: $8,400
  • 2-Bedroom: $10,353
  • 3-Bedroom: $12,414

The following documents provide more information:

Watch this video for more information about the Tenant Protection Ordinance:

Woman speaking to camera

Landlord and Tenant Responsibilities

Landlord Responsibilities

  • If giving a notice of termination, serve a written copy to the tenant with the proper amount of notice according to State law. Ensure that the applicable 13 just causes are included on the notice.
  • Provide a copy of the notice of termination to the City within two days of serving notice to the tenant. You can submit a copy of the notice online.
  • Provide relocation benefits at the time of service to the tenant, if applicable.
  • Do not disclose or threaten to disclose tenants' immigration or citizenship status to authorities for the intent of retaliation.

Tenant Responsibilities

  • If you receive a notice of termination, be sure it is in writing and you receive the proper amount of notice according to State law.
  • Ensure the notice has at least one of the 13 just causes listed as the reason for the notice being served.
  • Contact the Rent Stabilization Program to ensure the landlord submitted the notice to the City. If not, contact the Law Foundation of Silicon Valley's Eviction Assistance Clinic at 408-280-2424.

Free viewers are required for some of the attached documents.
They can be downloaded by clicking on the icons below.

Acrobat Reader Download Acrobat Reader Flash Player Download Flash Player Windows Media Player Download Windows Media Player Microsoft Silverlight Download Microsoft Silverlight Word Viewer Download Word Viewer Excel Viewer Download Excel Viewer PowerPoint Viewer Download PowerPoint Viewer