San Jose · Eviction

Can they make me move out as payback in San Jose?

No. Payback for using your rights is banned.

Why, and the exact law

Landlords must send the city a copy of the notice within 3 days, or face a fine up to $10,000.

Depends on the year the building was built or the number of units.

From San José Mun. Code § 17.23.600, read Oct 4, 2026.
Show the law

“A copy of each and every Notice of Termination issued to a Tenant of a Rent Stabilized Unit shall be filed with the Director within three (3) days after the service thereof on the Tenant …”

San José Mun. Code § 17.23.600 · sanjose.legistar.com

Were you told to move out?

What reason did they give?

What reason did they give?

Who can help

  1. Get free legal helpLegal aid for tenants who got a notice.LawHelpCA
  2. Find a lawyerReferral service of the State Bar.State Bar of California
Every rule here, word for word (2)

State law applies here too. Where both cover a rental, the stricter city rule usually wins; each rule below says so.

San Jose lawDepends on the building

San José Apartment Rent Ordinance – eviction notice to City, retaliation bar and wrongful-eviction remedies

Can they make me move out as payback?

No. Payback for using your rights is banned.

Landlords must send the city a copy of the notice within 3 days, or face a fine up to $10,000.

Depends on the year the building was built or the number of units.

Who it covers

  • Buildings with a first certificate of occupancy on or before Sep 7, 1979.
  • Buildings with 3 or more units.
  • Covers: Applies to Rent Stabilized Units (certificate of occupancy on or before 1979-09-07).
  • Exemptions: Same exclusions as Rent Stabilized Unit definition.
In force since
2017
The law, word for word

“A copy of each and every Notice of Termination issued to a Tenant of a Rent Stabilized Unit shall be filed with the Director within three (3) days after the service thereof on the Tenant …”

San José Mun. Code § 17.23.600 · sanjose.legistar.com · Retrieved Oct 4, 2026

California lawDepends on the building

California Tenant Protection Act – Just Cause Eviction

Can my landlord make me move out?

After a year, only for a good reason.

If it's not your fault, they owe you 1 month's rent or must waive your last month.

Depends on the year the building was built.

Who it covers

  • Not buildings less than 15 years old.
  • Not owner-occupied buildings with 2 units or fewer.
  • Covers: Tenancies of 12+ months (24 if additional adults added); does not apply where a local just cause ordinance applies.
  • Exemptions: Transient hotels; certain care facilities; dormitories; shared kitchen/bath with owner; owner-occupied single-family and duplex; CO within previous 15 years; separately alienable non-corporate-owned property with notice; deed-restricted or subsidized affordable housing.
In force since
Apr 1, 2024
Current version since
Jan 1, 2026
Set to be repealed
Jan 1, 2030
The law, word for word

“after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate a tenancy without just cause, which shall be stated in the written notice to terminate tenancy …”

Cal. Civ. Code § 1946.2 · leginfo.legislature.ca.gov · Retrieved Oct 1, 2026

Quote checked word for word

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Information about the law, not legal advice.