Oakrule ES Sign in

I rent

My rent is going upI was told to move outMy depositApplying for a placeAsk in your own words

I own or manage

Raise rent, send noticesSign inYour buildings Install the appWorks offline

Español · Rental law by city · Where we cover

San Jose · Rent increases

How much can my rent go up in San Jose?

Max 5% a year.

Only 1 increase is allowed every 12 months, unless the city approves more.

Why, and the exact law
From San José Mun. Code § 17.23.310, read Oct 4, 2026.
Show the law

“The Rent of any Rent Stabilized Unit may not be increased by more than the Annual General Increase unless otherwise authorized by Petition …”

San José Mun. Code § 17.23.310 · sanjose.legistar.com

Check your increase

We don't keep what you type.

Not rent-controlled?

Newer buildings and many houses follow California's limit instead: 5% plus local inflation, never more than 10% a year. In this part of California that is 8.6% until Jul 31, 2027. Your address tells us which one applies.

Who can help

  1. Get free legal helpIf your landlord won't fix it.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 – annual rent increase limit and fair-return petitions

How much can my rent go up?

Max 5% a year.

Only 1 increase is allowed every 12 months, unless the city approves more.

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: Rental units in Multiple Dwellings or Guesthouses with a certificate of occupancy on or before 1979-09-07 or offered for rent by then.
  • Exemptions: Hotels/motels, hospitals and care facilities, dormitories, Affordable Rental Units, and buildings with only 1 or 2 dwelling units.
In force since
2017
The law, word for word

“The Rent of any Rent Stabilized Unit may not be increased by more than the Annual General Increase unless otherwise authorized by Petition …”

San José Mun. Code § 17.23.310 · sanjose.legistar.com · Retrieved Oct 4, 2026

California lawDepends on the building

California Tenant Protection Act rent cap

Can my landlord raise my rent?

For most older rentals, yes: max 5% plus inflation (never over 10%).

The cap follows local inflation (April to April) and resets each August 1.

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: Residential real property generally, unless exempt.
  • Exemptions: Deed-restricted/subsidized affordable housing; dormitories; housing under stricter local rent control; CO issued within previous 15 years; certain separately alienable properties (single-family homes, condos) with non-corporate owners and written notice; owner-occupied duplexes.
In force since
Mar 15, 2019
Current version since
Apr 1, 2024
Set to be repealed
Jan 1, 2030
The law, word for word

“an owner of residential real property shall not, over the course of any 12-month period, increase the gross rental rate for a dwelling or a unit more than 5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower …”

Cal. Civ. Code § 1947.12 · leginfo.legislature.ca.gov · Retrieved Oct 1, 2026

Quote checked word for word

More about San Jose

Rental law by cityWhat's changing in San Jose

Information about the law, not legal advice.