San Jose Mun. Code Chapter 17.23 § 17.23.1280
Affirmative defense to eviction; penalties and remedies (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)
Operative Text
A. Affirmative Defense. Each Landlord that seeks to terminate a tenancy of a Tenant must comply with this Part. Non-compliance with any applicable component of this Part shall constitute an affirmative defense for a Tenant against any unlawful detainer action under California Code of Civil Procedure Section 1161, as amended. B. Criminal Penalties. Any Landlord found by a court of competent jurisdiction to be guilty of violating any provision or failing to comply with any requirements of this Chapter shall be guilty of a misdemeanor punishable by up to a $500 fine for a first offense and up to a $1000 fine for any subsequent offenses. C. Civil Remedies. 1. Any Landlord that fail(s) to comply with this Part may be subject to civil proceedings for displacement of Tenant(s) initiated by the City or the Tenant Household for actual and exemplary damages. 2. Whoever is found to have violated this Part shall be subject to appropriate injunctive relief and shall be liable for damages, costs and reasonable attorneys' fees. 3. Treble damages shall be awarded for a Landlord's willful failure to comply with the obligations established under this Part. 4. Nothing herein shall be deemed to interfere with the right of a Landlord to file an action against a Tenant or non-Tenant third party for the damage done to said Landlord's property. Nothing herein is intended to limit the damages recoverable by any party through a private action.
San Jose Municipal Code Chapter 17.23 § 17.23.1280 establishes that a landlord's failure to comply with the requirements of Part 17.23 can serve as an affirmative defense for a tenant in an unlawful detainer proceeding. Violations may expose a landlord to criminal misdemeanor penalties, civil suits for actual and exemplary damages, injunctive relief, attorney's fees, and treble damages for willful non-compliance.
Plain English — not legal advice.
Under § 17.23.1280, operators who initiate eviction proceedings are expected to have fully satisfied every applicable requirement of Chapter 17.23 before doing so, because any gap in compliance can be raised as a defense by the tenant in court. Willful failures carry the steepest financial exposure—treble damages—while even non-willful violations can result in civil liability, injunctive relief, and attorney's fees, in addition to potential misdemeanor criminal penalties.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 17.23.1280 gives tenants a concrete tool: if a landlord has not met all obligations under Chapter 17.23, that non-compliance may be raised as an affirmative defense against an unlawful detainer action filed under California Code of Civil Procedure § 1161. Tenants may also have standing to pursue civil proceedings for actual and exemplary damages, and a tenant-rights organization or housing clinic can help identify whether a violation under this provision applies to a given situation.
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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