Important Updates to the San Jose Tenant Protection Ordinance

Effective January 18, 2019, the San Jose City Council made important changes to the Tenant Protection Ordinance, which include the following:

1)   Landlords are required to post a Notice of the Tenant Protection Ordinance in a conspicuous location in each building, or provide every tenant with a copy of the notice. The Landlord is deemed to have complied with this requirement if they post the Notice of the Tenant Protection Ordinance in the same location as a notice to Tenants posted in accordance with subsections (1) or (2) of California Civil Code Section 1962.5(a) or immediately adjacent to the posting of the Residential Occupancy Permit in compliance with Section 17.20.630.

A copy of this notice can be found here: http://www.sanjoseca.gov/DocumentCenter/View/82303

2)   All notices to terminate tenancy must include the a statement of the following: i) The notice is being served in good faith; and ii) That information regarding the notice terminating tenancy, including information on homeless prevention, is available from the Rent Stabilization Program, 200 E. Santa Clara St., 12th Floor, San José, CA 95112, phone (408) 975-4480.

A copy of this notice can be found here: http://www.sanjoseca.gov/DocumentCenter/View/82304

Landlords must still provide a copy to the City within three days of service of the notice to the tenant.

3)   Any tenant who is charged with a crime has a right to return to his or her rental unit under the following conditions:

  • The tenant is acquitted or the charges are dismissed; and
  • Other members of the tenant’s household still reside in the rental unit; and
  • Other members of the tenant’s household consent to his or her return.

4)   The City of San Jose recognizes the state and federal protections for tenants who are victims of violence (See CCP Section 1161.3 and the Violence Against Women Reauthorization Act of 2013).

It is important to note that only those properties that are subject to the City of San Jose Tenant Protection Ordinance are subject to the provisions of this law.

Additional Resources:

A copy of the City of San Jose Apartment Rent Ordinance can be found at: Link to Tenant Protection Ordinance

NOTE: This article is for informational purposes only and should not be construed as legal advice. For legal advice please contact an experienced attorney. For more information contact the PKS Law Group, P.C. by visiting www.pks-lawgroup.com or email info@pks-lawgroup.com