San Jose Mun. Code Chapter 17.23 § 17.23.1140
Notices of intent to withdraw (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)
Operative Text
A. Service on Tenants; Filing Fee. No less than one hundred twenty days prior to the date upon which the building is intended to be withdrawn from the rental market, the owner shall pay to the city the fee set pursuant to Section 17.23.1130 and personally serve or deliver by first class mail the notice of intent to withdraw to each tenant. Failure to pay the fee shall invalidate the notice of intent to withdraw. B. Service on City. Any owner seeking to withdraw a building from the residential rental market that contains at least one covered unit must deliver to the director a copy of each notice of intent to withdraw within ten days of service on the tenants. C. Contents. The notice of intent to withdraw shall contain the following statements, under penalty of perjury, stating that the owner intends to evict in order to remove the building from rental housing use, the address or location of the building and covered unit, the number of covered units to be removed from rental housing use, the names of the tenants of each covered unit, the date on which the covered unit will be withdrawn from rental housing use and the rent applicable to that covered unit. It shall describe the rights of return and the re-control of rents that may apply under this Part 11 and the tenant's rights to regain possession of the premises and to damages as set forth in Sections 17.23.1170 - 17.23.1190 , and such other information reasonably necessary for the city's administration of this Part 11. The notice of intent to withdraw shall be accompanied by tenant qualification forms, postage prepaid, addressed to the owner and the director which form will allow the tenant household to qualify for a qualified assistance or an option to extend tenancy pursuant to Section 17.23.1160 , and to correct erroneous information on the notice of withdraw. D. Correction. Any tenant that receives a notice of intent to withdraw may correct or supplement any of the information on the notice of intent to withdraw via written notice delivered to the director and owner within thirty days. E. The director shall adopt a form notice of intent to withdraw and provide versions in the other two most commonly spoken languages in San José. Owners must provide the tenant household with a completed copy of the notice of intent to withdraw in English and, if requested, a copy of a non-English version.
Under San Jose Municipal Code § 17.23.1140, when a property owner intends to remove a rental building from the market, they must notify each tenant at least 120 days in advance and pay a city fee—failure to pay invalidates the notice. The notice must be delivered to the city within ten days of serving tenants and must include specific details about the withdrawal, tenant rights of return, rent re-control provisions, and qualification forms for assistance or tenancy extensions. Tenants have 30 days to correct or supplement information on the notice, and the city provides form notices in the two most commonly spoken languages in San José.
Plain English — not legal advice.
Owners subject to § 17.23.1140 generally pay the required city fee and serve each tenant the notice of intent to withdraw at least 120 days before the planned withdrawal date, since an unpaid fee invalidates the notice entirely. A compliant operator also delivers copies of each notice to the director within ten days of tenant service and ensures the notice includes all required details—unit addresses, tenant names, withdrawal dates, applicable rents, and tenant rights—along with prepaid qualification forms. Owners must provide the notice in English and, upon request, in a non-English version offered by the city.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 17.23.1140, tenants are entitled to receive a detailed notice at least 120 days before a building is withdrawn from the rental market, along with qualification forms for potential assistance or a tenancy extension. If any information on the notice is incorrect or incomplete, tenants have 30 days to submit written corrections to both the director and the owner. Tenants who believe their rights under this provision have not been honored may contact San José's housing department, raise the issue as a defense in eviction proceedings, or reach out to a local tenant-rights organization for guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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