San Jose Mun. Code Chapter 17.23 § 17.23.300
Initial rent and vacancy decontrol (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)
Operative Text
A. Valid Decontrol. The Initial Rental Rate for a new tenancy in a Rent Stabilized Unit may be set by the Landlord if the Rent Stabilized Unit was vacant due to one (1) of the following two (2) circumstances. 1. Voluntary Vacancy. The prior Tenant Household voluntarily terminated the tenancy. 2. For-Cause Termination. A Landlord legally terminated the prior tenancy as a For-Cause Termination. B. Exceptions to Decontrol. Only the Rent charged consistent with this Chapter to the former Tenant, plus any annual adjustment authorized by this Chapter, may be charged for a Rent Stabilized Unit in the following circumstances. 1. No Cause Termination. A Landlord terminated a tenancy without cause in accordance with Section 1946.1 of the California Civil Code or Section 827 of the California Civil Code. 2. Continuing Tenancy. An existing Tenant or existing member of the Tenant Household, (including individuals who are not listed on an existing rental agreement), has entered into a new oral or written rental agreement for the same Rent Stabilized Unit. 3. Unlawful Landlord Activity. A Landlord effectively terminated a tenancy without cause by encouraging the Tenant to terminate the tenancy through unlawful activities prohibited under the Tenant Protection Ordinance, the Apartment Rent Ordinance, or state law. 4. Any Other Illegal Evasion. A Tenant terminated a tenancy because of illegal conduct by the Landlord or any other means by which a Landlord fraudulently seeks to set a new Initial Rental Rate.
San Jose Municipal Code § 17.23.300 establishes when a landlord may reset the rent on a stabilized unit to a new market rate — a practice called vacancy decontrol — and when that reset is prohibited. A reset is permitted only when the prior tenant left voluntarily or was removed through a legally valid for-cause eviction. In contrast, if the tenancy ended through a no-cause termination, if an existing household member simply signs a new lease for the same unit, or if the landlord used unlawful pressure or fraud to push the tenant out, the rent must remain tied to what the prior tenant was lawfully paying plus any authorized annual adjustment.
Plain English — not legal advice.
Under § 17.23.300, compliant operators in San Jose generally document the specific reason a unit became vacant before establishing a new initial rental rate for a rent-stabilized unit. When a vacancy results from a voluntary departure or a properly executed for-cause termination, operators may set a new market-rate rent for the incoming tenancy. Operators are generally careful to avoid no-cause terminations, lease re-signings with existing household members, or any conduct that could be characterized as constructive eviction or fraud, because those circumstances eliminate the right to reset the rent under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 17.23.300 of the San Jose Municipal Code gives tenants and their household members — including those not named on the lease — protection against improper rent resets when a new rental agreement is signed for the same stabilized unit. If a landlord used a no-cause termination, unlawful pressure, or fraudulent means to end a prior tenancy and then attempted to charge a higher initial rent, that higher rate may not be permissible under this provision. Tenants who believe a rent increase violates this section can look into filing a complaint with the San Jose Rent Stabilization Program, raising the violation as a defense in a rent dispute proceeding, 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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.