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Notices to Vacate


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. Landlords must submit a Notice to Terminate Tenancy with Just Cause using our simple online form to the Housing Department's Rent Stabilization Program.

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

You can view these frequently asked questions for more information about renting in San Jose.

Find information about legal resources and referrals.

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

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

Woman speaking to camera

Landlord and Tenant Responsibilities

Landlord Responsibilities

  • Provide a copy of the Tenant Protection Ordinance Required Posting to tenants or post the notice of tenant rights in a common place in building.
  • If giving a notice of termination, serve a written copy to the tenant with the proper amount of notice according to State law. Ensure at least one of the 13 just causes is included on the notice and copy of the Resources and Referral Notice
  • Provide a copy of the notice of termination to the City within three 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.

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