San Jose Mun. Code Chapter 17.23 § 17.23.127

For-cause termination (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)

In Force
Verified 6/11/2026 · Next check 9/9/2026
San JosePermissible Grounds

Operative Text

San Jose Mun. Code Chapter 17.23 § 17.23.127
"For-Cause Termination" is the termination of a tenancy based on a reason for eviction that would legally entitle a Landlord to evict a Tenant Household on three (3) days' notice under California Code of Civil Procedure Sections 1161(2) (for Tenant's nonpayment of Rent), 1161(3) (for Tenant's failure to perform a material term of rental agreement), or 1161(4) (for Tenant allowing a nuisance or other unlawful activity).
Source: Legislative text reproduced verbatim
Plain English

San Jose Municipal Code Chapter 17.23 § 17.23.127 defines a 'For-Cause Termination' as the ending of a tenancy based on one of three specific grounds recognized under California law: a tenant's failure to pay rent, a tenant's failure to fulfill a material term of the rental agreement, or a tenant's allowance of a nuisance or unlawful activity on the premises. Each of these grounds corresponds to a category under California's civil procedure statutes that permits a landlord to issue a three-day notice. This definition establishes the boundary between for-cause and other types of terminations under San Jose's rent regulations.

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

Plain English — not legal advice.

For Property Managers

Under § 17.23.127, a for-cause termination in San Jose is limited to the three grounds spelled out in the provision — nonpayment of rent, breach of a material lease term, or nuisance or unlawful activity — each tied to a three-day notice under California law. Operators who manage properties subject to Chapter 17.23 generally document the specific factual basis for any termination and ensure it falls within one of these defined categories before proceeding. Maintaining thorough records of lease terms, payment history, and any documented lease violations is a practice commonly associated with compliance in this area.

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

For Tenants

Section 17.23.127 of the San Jose Municipal Code limits what qualifies as a for-cause termination to three defined grounds: nonpayment of rent, failure to perform a material lease obligation, or permitting a nuisance or unlawful activity. Tenants who receive a three-day notice should be aware that the notice must correspond to one of these specific categories to qualify as a for-cause termination under Chapter 17.23. Tenants who believe a termination does not meet this definition may have options such as raising the issue as a defense in an eviction proceeding, contacting the San Jose Housing Department, or reaching out to 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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Related Rules

§ 4
Just cause eviction; prerequisites
§ 1946.2
§ 8.22.360
Good cause required for eviction

Source Information