Tenant rights · San José, Santa Clara County
San José has an Apartment Rent Ordinance for older apartment buildings and a Tenant Protection Ordinance that requires a just cause to evict in most buildings with three or more units. Tenant First connects you with an independent California-licensed attorney who can check which rules cover your home.
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What is local in San José
The ARO (San José Municipal Code Chapter 17.23) generally covers apartments in buildings with three or more units built and occupied before September 7, 1979. It limits rent increases, provides a petition process and requires registration. Duplexes, single-family homes and condos are generally not covered.
Official source ↗The city's just cause ordinance applies to tenants in most buildings with three or more units, including newer buildings not covered by the ARO. Landlords must state one of the listed reasons and submit a copy of termination notices to the city's Rent Stabilization Program.
Official source ↗The court's eviction page explains the response deadline, links to forms and workshop videos, and lists free mediation and local tenant legal services.
Official source ↗The ARO and the Tenant Protection Ordinance overlap but are not the same. An apartment in a newer building may have just cause protection but no local rent limit, while the statewide rent cap may still apply. Single-family homes, condos and duplexes usually fall outside both local ordinances and depend on state law. The Rent Stabilization Program can tell you how a specific address is treated.
Check that the notice states the reason for termination, and keep the envelope or note how it was delivered. If court papers follow, the Santa Clara County court's self-help page points to the response deadline and to free and low-cost help. The court also works with a mediation provider that may help landlords and tenants reach an agreement.
Santa Clara County has several tenant legal service providers, and the court's self-help page lists them together with its workshop videos and forms. The city's Rent Stabilization Program can answer questions about the ARO and the Tenant Protection Ordinance and explain the petition process for rent disputes. If you are unsure whether you live within San José city limits, check before relying on these ordinances, because nearby cities such as Santa Clara or Sunnyvale have different rules.
Local information as of October 2026. Court locations, hours and local rules change; check the official source before you go.
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Who is behind Tenant First
Tenant First is part of Omnilex. Leon leads Omnilex’s US business from San Francisco. He is a California attorney and spent about twelve years at Goodwin and Kirkland & Ellis before joining Omnilex.
Leon does not take on the individual matters that come through this site. Your matter is handled by the independent California attorney you choose to engage, who works in landlord-tenant law.
You may still be wondering …
If it is in a building with three or more units built and occupied before September 7, 1979, it is likely covered by the ARO. The Rent Stabilization Program can confirm.
In most buildings with three or more units, the Tenant Protection Ordinance requires a just cause. State law may also protect you after 12 months of tenancy.
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