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 – security deposit cannot be raised
Can they raise my deposit?
It can't be raised once it's set.
Your deposit stays the same in rent-stabilized homes, unless you and your landlord ask for new services.
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.
In force since
2017
The law, word for word
“a Security Deposit, once established,
cannot be raised for the duration of the tenancy …”
San José Mun. Code § 17.23.315(E) · sanjose.legistar.com · Retrieved Oct 4, 2026
California lawIn force
California security deposit cap and handling (AB 12)
How big can the deposit be?
Max 1 month's rent.
An individual owner (2 rentals, 4 units at most) may ask for 2 months, but not from a service member.
Who it covers
Covers: Security for rental agreements of residential property used as the tenant's dwelling.
In force since
Jul 1, 2024
Current version since
Jan 1, 2026
The law, word for word
“a landlord shall not demand or receive security, however denominated, in an amount or value in excess of an amount equal to one month’s rent, in addition to any rent for the first month paid on or before initial occupancy …”