Rent Control in San Jose

Last updated: January 2026

Local rent control plus California's AB 1482 tenant protections.

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Key Takeaways

  • Coverage: Apartment buildings with 3+ units built and occupied before September 7, 1979. Single-family, duplexes, condos, townhomes are exempt.
  • Rent Increase Cap: 5% maximum once per 12-month period. Landlords can petition to pass through certain costs.
  • Just Cause Protection: Required under San Jose Tenant Protection Ordinance for apartments with 3+ units.
  • Local Help: San Jose Housing Department maintains the Rent Registry.

1. Overview of Rent Control in San Jose

The City of San Jose has the Apartment Rent Ordinance (ARO), which regulates rent increases for certain residential properties to ensure affordability and tenant protection. The ordinance applies to apartment buildings with three or more units that were built and occupied before September 7, 1979.

Since January 1, 2020, California's statewide rent law (often called state rent control or AB 1482) also protects many units that are not covered by San Jose's local ordinance. For those units, annual rent increases are generally capped at 5% + inflation (CPI), or 10%, whichever is lower, for tenants who have lived in the unit for at least 12 months.

This article is a high‑level guide based on public resources such as the City of San Jose Rent Stabilization and the San Jose Municipal Code. It is not legal advice.

2. Who Is Covered by Rent Control in San Jose?

San Jose's Apartment Rent Ordinance (ARO) applies to apartment buildings with three or more units that were built and occupied before September 7, 1979.

Exemptions:

  • Single-family homes – Single-family homes are exempt from the ARO, though they may still be protected under California's statewide Tenant Protection Act (AB 1482).
  • Duplexes – Duplexes are exempt from the ARO, though they may still be protected under AB 1482.
  • Condominiums and townhomes – Condominiums and townhomes are exempt from the ARO, though they may still be protected under AB 1482.
  • In-law units, granny flats, and accessory dwelling units – These are exempt from the ARO.
  • Hotels and boarding houses – Hotels and boarding houses rented to transient guests for periods of less than 30 days are exempt.
  • Nonprofit homes for the aged – These are exempt.
  • School dormitories – These are exempt.
  • Rental units owned and operated by government agencies – These are exempt.
  • Rental units first rented after September 7, 1979 – Even if the building was built before September 7, 1979, if a unit was first rented after that date, it is exempt. Note: Since we only have year-level data, properties built in 1979 may be covered if built and occupied before September 7, 1979, but we cannot determine this without month-level information.
  • Properties in unincorporated areas of San Jose – These are exempt.

Tools like RentCheckMe can help you check whether your building is likely covered based on its construction year and property type. To determine if a specific property is rent-stabilized, you can contact City staff at 408-975-4470.

3. Maximum Allowable Rent Increases

Under the Apartment Rent Ordinance, landlords are permitted to increase rent by a maximum of 5% once every 12 months.

Exceptions to the 5% limit:

  • Voluntary vacancy – When a tenant voluntarily moves out, landlords can set a new rent without restriction for the new tenant.
  • Lawful eviction – When a tenant is lawfully evicted, landlords can set a new rent without restriction for the new tenant.
  • Cost passthroughs – Landlords can petition to pass through certain costs to tenants under specific circumstances, such as capital improvements, operating and maintenance expenses, or utility increases. These passthroughs must be approved by the city and are subject to specific rules and limitations.

Key rules for rent increases:

  • The 5% increase can only be imposed once every 12 months.
  • Landlords must provide proper written notice before implementing a rent increase.
  • The rent increase limit applies to units covered by the ARO.

4. Just Cause Eviction Protections

Landlords must have a valid legal reason to evict tenants who have lived in the unit for 12 months or more.

5. Using RentCheckMe with Official Resources

By combining our automated check with trusted resources like the City of San Jose Rent Stabilization and the San Jose Municipal Code, you can get both a quick snapshot and deeper, individualized help for your situation.

After you run an address through RentCheckMe, consider:

  • Contacting the Rent Stabilization Program for information about the ordinance and compliance (phone: 408-975-4480)
  • Contacting City staff to determine if a specific property is rent-stabilized (phone: 408-975-4470)
  • Reviewing the Rent Registry information on the city's website
  • Consulting with a qualified attorney or tenant counseling organization
  • Reviewing the San Jose Municipal Code for detailed ordinance information

6. Resources for San Jose Tenants

7. Important Disclaimer

This article is intended as a readable, high‑level overview of rent control in San Jose, drawn from public resources like the City of San Jose Rent Stabilization and the San Jose Municipal Code. It does not cover every exception or nuance and does not constitute legal advice.

Laws change, and how they apply can depend on the specific facts of your tenancy, including whether your unit was first rented before or after September 7, 1979, the number of units in your building, and other factors. Note that even if a building was built before September 7, 1979, a unit that was first rented after that date is exempt from the ARO.

For binding guidance about your rights or obligations, speak with the Rent Stabilization Program (phone: 408-975-4480), a qualified attorney, or a tenant‑counseling organization.

Frequently Asked Questions

Does San Jose have its own rent control ordinance?

Yes, San Jose has a local rent control ordinance that provides protections beyond California's statewide AB 1482. The local ordinance typically covers more properties and may have stricter rent increase limits.

How much can my landlord raise rent in San Jose?

For units covered by San Jose's local ordinance, rent increases are limited by the local rules (often based on CPI). For units only covered by AB 1482, the cap is 5% + CPI or 10%, whichever is lower.

What protections do I have as a tenant in San Jose?

Tenants in San Jose may have just cause eviction protections under both the local ordinance and AB 1482, meaning landlords must have a valid legal reason to evict you after you've lived in the unit for a certain period.

Other Cities in California

Learn about rent control in other cities in California:

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