San Jose Mun. Code Chapter 17.23 § 17.23.175
Tenant (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)
Operative Text
"Tenant" means a person or persons entitled by written or oral agreement, or by sufferance, to the use or occupancy of a Rental Unit.
San Jose Municipal Code § 17.23.175 establishes who qualifies as a "Tenant" under the city's rent regulations. The definition is broad, covering individuals who occupy a rental unit under a formal written lease, an informal oral agreement, or even by sufferance — meaning they remain in the unit without a current agreement but with the landlord's implicit tolerance. This classification matters because it determines who is entitled to the protections and obligations set out elsewhere in Chapter 17.23.
Plain English — not legal advice.
Under § 17.23.175, property owners and managers should be aware that the definition of "Tenant" extends beyond those holding a signed written lease. Compliant operators generally account for occupants who may have only an oral agreement or who remain in a unit by sufferance when assessing their obligations under Chapter 17.23. Recognizing the full scope of this definition helps ensure that rent regulation requirements are applied consistently across all covered occupants.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 17.23.175 of the San Jose Municipal Code defines "Tenant" broadly, which means occupants relying on an oral agreement or even remaining by sufferance may still qualify for protections under Chapter 17.23. If there is a question about whether someone meets this definition and is therefore entitled to rent regulation protections, that issue can potentially be raised before the San Jose Rent Stabilization Program or used as a basis in a relevant proceeding. Tenant-rights organizations in San Jose can help individuals understand how this definition may apply to their living 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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.