San Jose is unquestionably the heart of the Silicon Valley. Tech giants have set up shop in and around the San Jose area causing an influx of tech workers. That influx, while a boon for the city in general, is a major contributing factor to the city’s housing shortage.
As the supply of available housing decreases, there is a corresponding demand. Many fear this demand will cause less scrupulous property owners to evict current tenants in favor of tenants willing to pay more. Enter San Jose’s Tenant Protection Ordinance (“TPO”).
San Jose, like many other cities in the Bay Area, has turned toward ordinances that require “just cause” before a property owner can evict a tenant. These ordinances generally prohibit property owners from evicting a tenant without identifying a just cause such as non-payment of rent, material violations of the lease or substantial damage to the rented unit. With the passage of the TPO, a tenant in San Jose cannot be served an eviction notice without stating one of the following just causes:
- Non-payment of rent
- Material or habitual violation of the tenancy
- Substantial damage to the apartment
- Refusal to agree to a like or new rental agreement
- Nuisance behavior
- Refusing access to the apartment
- Unapproved holdover subtenant
- Substantial rehabilitation of the apartment
- Ellis Act removal
- Owner move-in
- Order to vacate
- Vacation of unpermitted apartment
It is important to note that San Jose requires the property owner not only serve the tenant the notice of termination but also provide a copy of the notice to San Jose’s Rental Rights and Referrals Program.