San Jose Rent Control: Apartment Rent Ordinance Rules (2026)

✓ Law Verified September 28, 2026

san jose rent control covers many older apartment buildings through the city’s Apartment Rent Ordinance (ARO). Most San Jose apartment renters also get just-cause eviction protection under the Tenant Protection Ordinance (TPO). Under san jose rent control, a covered apartment can get only one rent increase of up to 5% in any 12-month period. That is the rule as of September 2026.

The short answer: Is your apartment in a building with three or more units that was built and occupied before September 7, 1979? If so, san jose rent control likely covers you. Your landlord can raise the rent only once in 12 months, and by no more than 5%. If an increase breaks that rule, you can file a petition with the City of San Jose Housing Department’s Rent Stabilization Program. Call 408-975-4480 or email [email protected].

Is Your Unit Covered by San Jose Rent Control?

Coverage depends on two things: the building’s age and its size. The city says the Apartment Rent Ordinance covers apartments in buildings with three or more units. The building must also have been built and occupied before September 7, 1979. As a result, newer buildings and most duplexes fall outside san jose rent control, even in the same neighborhood.

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Some rent increases are also exempt. For example, the city lists an increase after a tenant moves out voluntarily. It also lists an increase after a lawful eviction. In most cases, that means the rent can reset between tenants. However, while you stay, the cap follows you.

Rule What it says Where it comes from
Covered buildings 3 or more units, built and occupied before September 7, 1979 San Jose Apartment Rent Ordinance
Rent increase cap One increase of up to 5% in any 12-month period (in effect as of September 2026) San Jose Apartment Rent Ordinance
Capital improvement pass-through Needs a landlord petition; the monthly amount can’t be more than 3% of monthly rent San Jose Apartment Rent Ordinance
Just causes for eviction 13 listed just causes San Jose Tenant Protection Ordinance
Relocation benefits Owed when the eviction is for just causes 9 through 13 San Jose Tenant Protection Ordinance

Want to check a specific address? Contact the Rent Stabilization Program at 408-975-4480 or [email protected]. Owners of rent-stabilized apartments must also update the city’s Rent Registry every year. So the city can typically tell you whether your unit is listed. You can also read the city’s fact sheets on San Jose housing ordinances.

How Much Rent Can Go Up Under San Jose Rent Control

Under san jose rent control, the limit is one increase of up to 5% in any 12-month period. That is the rule in effect as of September 2026. This is a fixed cap written into the ordinance. It is not a number the city resets each year. However, ordinances can be amended. So confirm the current figure with the Housing Department before you rely on it.

Landlords can sometimes add costs for capital improvements. For example, a new roof might qualify. But the landlord must file a petition with the city first. The improvement must have been finished within 12 months before the petition was filed. Also, the total monthly pass-through can’t be more than 3% of your monthly rent. It is not counted as rent.

The Rent Registry matters too. The city says apartments not registered by the deadline can’t get their annual rent increase until the registration is finished. How much advance notice must your landlord give you before an increase? The city pages we reviewed don’t give that number. Confirm it with the Rent Stabilization Program. California’s statewide rent cap is only background here. For covered apartments, san jose rent control is the rule you should check first.

Eviction Protections in This City

The Tenant Protection Ordinance covers most apartment buildings in San Jose. It reaches further than san jose rent control, so newer buildings may be covered too. Under the TPO, your landlord needs one of 13 listed “just causes” to end your tenancy. Some just causes are about the tenant’s conduct, like not paying rent. Others are “no-fault,” meaning you did nothing wrong.

If the eviction is for just causes 9 through 13, the landlord must pay relocation benefits. The Ellis Act Ordinance covers owners who demolish a building or take units off the rental market. In those cases, you’re entitled to a 120-day notice. Some households can get up to one year of notice. These include seniors over 62, people with disabilities, people who are terminally or catastrophically ill, and families with school-aged children. The city refers Ellis Act tenants to its Relocation Consultant.

Relocation amounts depend on bedroom size. Get your exact amount from the Housing Department.

Landlords must also send the Housing Department a copy of a termination notice. They must do this within 3 days of serving it on you. As a result, the city usually knows when a notice goes out. That record can help you later. Even with san jose rent control and the TPO, some evictions are still legal. Always read your notice carefully.

Got court eviction papers? The deadline to respond is short, and missing it can mean losing by default. Read the papers the same day. Call a local legal-aid office or tenant attorney right away to confirm your exact deadline.

What to Do If Your Landlord Breaks the Rule

Under san jose rent control, tenants in rent-stabilized buildings can file a petition with the Housing Department. Petitions typically cover invalid rent increases, habitability problems, or cuts in services. For example, a second increase within 12 months could be grounds for a petition. So could an increase over 5%. The ordinance section on invalid rent increases is 17.23.310.

Before you file, gather your paperwork. Bring your lease and every rent increase notice. Add rent receipts or bank records showing what you paid. Include photos of repair problems and copies of texts or emails with your landlord. Filing deadlines and forms can change. Confirm them with the Rent Stabilization Program at 408-975-4480 or [email protected]. You can also read the city’s Tenant Protection page.

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The city can help with a san jose rent control dispute. However, the city is not your lawyer. If you’ve received an eviction notice or court papers, call a local legal-aid office or tenant attorney. Many tenants in San Jose can get free help if they qualify. Don’t wait until the last day.

Frequently Asked Questions

Does san jose rent control apply to a single-family home or duplex?

In most cases, no. The Apartment Rent Ordinance covers buildings with three or more units built and occupied before September 7, 1979. Other protections may still apply, so check your address with the Rent Stabilization Program.

Can my landlord raise the rent twice in one year?

Not if your unit is covered by san jose rent control. The city allows one increase of up to 5% in any 12-month period, as of September 2026. If you got two increases, you may be able to file a petition.

Do I get money if I’m evicted through no fault of my own?

You may. Relocation benefits are owed for evictions under just causes 9 through 13 of the Tenant Protection Ordinance. The amount depends on bedroom size and your household’s situation, so ask the Housing Department for your exact figure.

Bottom line: If your building has three or more units and was built and occupied before September 7, 1979, san jose rent control likely limits you to one increase of up to 5% in 12 months. Most San Jose apartment renters also have just-cause eviction protection. If something looks wrong, contact the Rent Stabilization Program. If you’re facing eviction, call legal aid right away.

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Sources & How to Verify

The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.

  • HUD: hud.gov — federal renter protections and fair housing
  • Legal Services Corporation: lsc.gov — find free legal aid in your state
  • Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
  • Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms

Content last reviewed September 2026. If you notice outdated information, please contact us.

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