Rent control and eviction rules
San Jose's Apartment Rent Ordinance covers about 38,000 apartments in buildings of three or more units built and occupied before September 7, 1979, allowing one increase of up to 5% per 12 months.
For investors: A 1960s or 1970s San Jose fourplex is almost certainly covered, so in-place rents grow no faster than 5% a year. Increases after a voluntary vacancy are exempt from the cap, which makes tenant tenure and rents versus market the key underwriting numbers.
Source: City of San Jose Housing Department, Learn About Rent Stabilization, Oct 2026
Single-family homes, duplexes, condos, townhomes, ADUs and any unit first rented after September 7, 1979 fall outside San Jose's apartment rent cap.
For investors: A duplex with a backyard ADU, or a triplex first rented in the 1980s, carries no city rent cap, although state limits can still apply. That gap makes these smaller properties the more flexible San Jose buys for investors who want room to reprice.
Source: City of San Jose Housing Department, Learn About Rent Stabilization, Oct 2026
San Jose landlords may petition to pass through specific capital improvement costs, capped at 3% of monthly rent, for work completed within 12 months before filing, or seek a fair return increase.
For investors: A value-add plan on a rent-stabilized building cannot count on rents to repay a new roof or repiping quickly. File promptly after completion, because work older than 12 months cannot be passed through, and the 3% ceiling stretches recovery over years.
Source: City of San Jose Housing Department, Learn About Rent Stabilization, Oct 2026