San Jose tenant screening & landlord laws
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San Jose tenant screening
San Jose landlords generally screen applicants under a stack of rules: federal FCRA, California statewide statutes, and San Jose's own municipal ordinances. Because San Jose sits inside California, state law is typically the floor — this page focuses mainly on what San Jose adds on top, but here's a quick summary of the state baseline so you don't have to jump to a separate California page:
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What California law already provides
- Screening fees: California caps application screening fees at $30, adjusted annually for inflation since January 1, 1998, under Civil Code §1950.6. Because that inflation adjustment compounds every year, the actual current allowable fee is higher than $30 — check the current CPI-adjusted figure before setting a fee rather than assuming the statutory base amount.
- Criminal history: California does not appear to have a single, comprehensive statewide statute restricting how private landlords may use criminal history in a rental decision (this is different from public housing authority rules, which are federally influenced). Federal Fair Housing Act disparate-impact theory can still apply to criminal-history screening that has a discriminatory effect, per Texas Dept. of Housing & Community Affairs v. Inclusive Communities Project (2015).
- Source of income: Protected statewide. California's Fair Employment and Housing Act, Government Code §12955 (added by SB 329), makes "source of income" — including housing vouchers — a protected characteristic, and requires landlords in subsidized tenancies to accept alternative proof of ability to pay rather than relying solely on credit history.
- Security deposits: Generally capped at one month's rent under Civil Code §1950.5 as amended by AB 12 (operative July 1, 2024), with a carve-out letting small landlords (a natural person or an LLC made up only of natural persons, owning no more than two rental properties totaling four units or fewer) charge up to two months' rent, except for servicemember tenants. Deposits must generally be itemized and returned within 21 days of move-out.
- Rent control: California has a statewide rent cap under Civil Code §1947.12 (AB 1482, the Tenant Protection Act) — generally 5% plus the regional CPI, or 10%, whichever is lower, in any 12-month period, subject to numerous exemptions (newer construction, most single-family homes with proper notice, deed-restricted affordable housing, and more). California also has statewide just-cause eviction protections after 12–24 months of tenancy under Civil Code §1946.2. Because legislation can be amended, confirm the current text of AB 1482 at leginfo.legislature.ca.gov.
How San Jose's rules layer on top of California law
San Jose has its own, older rent-stabilization system that in some ways predates and is stricter than the statewide AB 1482 cap, plus a separate just-cause ordinance with broader coverage than the state law. Where San Jose's rule is more protective or covers a property the state law exempts, the local rule generally controls for that property; where a property is exempt from San Jose's ordinances (for example, most single-family homes), the statewide AB 1482/California Civil Code framework described above is generally the applicable rule instead.
Screening rules to follow in San Jose
- Confirm any local fair-chance or criminal-history housing ordinance. Check current San Jose municipal code, including the Apartment Rent Ordinance, Tenant Protection Ordinance, Ellis Act Ordinance, Mobilehome Rent Ordinance, and Housing Payment Equality Ordinance, before treating criminal-history screening as governed only by the state/federal baseline described above rather than a separate city rule.
- Housing Payment Equality Ordinance (HPEO): San Jose's own voucher/source-of-income nondiscrimination ordinance generally prohibits refusing an applicant based on how they pay rent — including housing vouchers — for most rental housing citywide, with an exception for single-family homes where the landlord lives on the property. This duplicates and locally codifies the state's SB 329 protection described above.
- Registration: Landlords of units covered by San Jose's Apartment Rent Ordinance (ARO) or Mobilehome Rent Ordinance generally must register in the city's Rent Registry and pay an annual per-unit program fee (for the 2025–2026 program year, the city lists $77 per unit for ARO and $23 per unit for the Tenant Protection Ordinance) — this is a regulatory/administrative cost, not a tenant screening fee, but landlords should budget for it.
Rent and eviction rules in San Jose
- Apartment Rent Ordinance (ARO): Generally caps annual rent increases at 5% every 12 months — a flat cap, without the CPI add-on the state formula allows — for apartment buildings of 3 or more units built before September 1979 (roughly 38,000 units citywide, per the city's own figures). Where a unit is covered by both the ARO and AB 1482, the more protective (typically lower) cap generally applies.
- Tenant Protection Ordinance (TPO): Generally requires landlords to cite one of 13 listed "just causes" before terminating a tenancy. TPO coverage is broader than the ARO's age/size test — it generally extends to multifamily dwellings, guesthouses, and even unpermitted units. For no-fault terminations (categories covering substantial rehabilitation, Ellis Act withdrawal, owner move-in, code-enforcement-driven move-outs, and converting an unpermitted unit), the city's current fact sheet lists relocation benefits of $6,925 (studio), $8,400 (1-bedroom), $10,353 (2-bedroom), and $12,414 (3-bedroom). Landlords generally must also serve a copy of any termination notice on the city within three days.
- Ellis Act Ordinance: Generally governs landlords removing units from the rental market (demolition or conversion), with notice generally running 120 days or longer and additional relocation-benefit obligations.
- Mobilehome Rent Ordinance: A separate ordinance for mobilehome spaces (not apartments) permitted before September 7, 1979, generally capping annual space-rent increases at 75% of the change in the regional CPI, with a floor of 3% and a ceiling of 7%.
County/township layers
Santa Clara County uses California's standard "unincorporated area" model of local government — not townships — so land outside San Jose's city limits that isn't part of another incorporated city falls under direct county jurisdiction rather than a separate town government. Santa Clara County may have its own separate rent-stabilization or just-cause rules for unincorporated areas; landlords and tenants should confirm directly with the County's Office of Supportive Housing before relying on San Jose's city-specific rules, since those rules generally apply only inside San Jose's city limits.
Frequently asked questions
Does San Jose cap rent increases? Yes, generally, but through two different rules depending on the property: the Apartment Rent Ordinance caps increases at a flat 5% per year for older, larger buildings (3+ units, built before September 1979), while newer or smaller buildings not covered by the ARO generally fall under California's statewide AB 1482 cap of 5% plus CPI (or 10%), whichever is lower.
Can a San Jose landlord reject an applicant for using a housing voucher? Generally no. San Jose's Housing Payment Equality Ordinance and California's statewide FEHA source-of-income protection (Government Code §12955) both generally prohibit refusing an applicant based on voucher use, for most rental housing — the main exception under the city ordinance is single-family homes where the landlord also lives.
Is there a San Jose-specific rule on using criminal records in tenant screening? San Jose's list of its core landlord/tenant ordinances (ARO, TPO, Ellis Act, Mobilehome Rent Ordinance, and HPEO) does not include a separate fair-chance or criminal-history housing ordinance. The state/federal baseline generally applies instead.
How much notice does a San Jose landlord generally need to end a tenancy? Under the Tenant Protection Ordinance, a landlord generally must have one of 13 specific "just causes" and, for no-fault reasons, typically must also pay relocation assistance — in addition to whatever notice period California state law requires for that type of termination.
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Disclaimer
The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.