San Jose Mun. Code Chapter 17.23 § 17.23.1160

Effective date of withdrawal; extension of tenancy (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)

In Force
Verified 6/11/2026 · Next check 9/9/2026
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Operative Text

San Jose Mun. Code Chapter 17.23 § 17.23.1160
A. If the covered unit is occupied on the date of delivery to the city of the notice of intent to withdraw, then the tenancy may only be terminated for cause as defined in Subsection B.2 of Section 17.23.1110 and the owner may not withdraw the building containing the covered unit from the market until one hundred twenty days from the date of delivery to the city in person or by first-class mail of the notice of intent to withdraw.
B. Notwithstanding Subsection A of Section 17.23.1160 , if at least one tenant in a covered unit to which a notice of intent to withdraw applies is either at least sixty-two years old, disabled (as defined in California Government Code Section 12955.3, as amended), terminally ill, or catastrophically ill and if that tenant has lived in the covered unit for at least one year prior to the date of delivery to the city of the notice of intent to withdraw, then the owner must provide notice of and allow the tenant to exercise an option to extend the tenancy for one year from the date of delivery to the city of the notice of intent to withdraw.
1. To exercise the option to extend the tenancy for one year from the date of delivery to the city of the notice of intent to withdraw, the qualifying tenant must give written notice to the owner of the extension of the tenancy within sixty days of delivery to the city of the notice of intent to withdraw.
2. If the owner receives a notice of extension of the tenancy, then the owner must provide notice of the extension of the tenancy to the director in the monthly report pursuant to Section 17.23.1175 .
C. Notwithstanding Subsection A of Section 17.23.1160 , if at least one tenant in a covered unit to which a notice of intent to withdraw applies has a custodial or family relationship with an individual residing in the covered unit who is under the age of eighteen and is enrolled in school in any grade between and including kindergarten through twelfth grade, and if that minor individual has lived in the covered unit for at least one year prior to the date of delivery to the city of the notice of intent to withdraw, then the owner must provide notice of and allow the tenants to exercise an option to extend the tenancy through the current scholastic year, plus an additional sixty days from the completion of the scholastic year.
1. To exercise the option to extend the tenancy through the scholastic year plus sixty days, the tenant must give written notice to the owner of the extension of the tenancy within sixty days of delivery to the city of the notice of intent to withdraw.
2. If the owner receives a notice of extension of the tenancy through the scholastic year plus sixty days, then the owner must provide notice of the extension of the tenancy to the director in the monthly report pursuant to Section 17.23.1175 .
Source: Legislative text reproduced verbatim
Plain English

Under San Jose Mun. Code § 17.23.1160, when an owner files a notice of intent to withdraw a covered rental unit from the market, occupied tenants cannot be removed except for cause, and the withdrawal cannot take effect for at least 120 days. Qualifying tenants who are elderly, disabled, terminally or catastrophically ill, or who have school-age children living in the unit may be entitled to extend their tenancy beyond that baseline period, provided they have lived there at least one year and submit written notice within 60 days of the city's receipt of the withdrawal notice.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 3, 2026

Plain English — not legal advice.

For Property Managers

Owners subject to § 17.23.1160 generally ensure that any notice of intent to withdraw is delivered to the city and that occupied tenants receive proper notice of their extension rights before any withdrawal timeline begins. Compliant operators identify whether any tenant qualifies for a one-year extension (due to age, disability, or illness) or a scholastic-year-plus-60-days extension (due to a school-enrolled minor in the unit), and they report any exercised extensions to the director in the monthly report required under § 17.23.1175.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under § 17.23.1160, tenants in a covered unit being withdrawn from the market may have the right to remain beyond the standard 120-day period if they meet qualifying criteria related to age, disability, illness, or a school-enrolled child in the household. Eligible tenants generally preserve this right by delivering written notice of their intent to extend to the owner within 60 days of the city's receipt of the withdrawal notice. Tenants seeking to understand their options can contact San Jose's rent program office or a local tenant-rights organization for general information.

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 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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