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Rent Regulations

San Jose Mun. Code Chapter 17.23 § 17.23.510

Retaliatory eviction (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)

In Force
Verified 6/11/2026 · Next check 9/9/2026
San JoseRetaliation Protections

Operative Text

San Jose Mun. Code Chapter 17.23 § 17.23.510
Possession of a Rental Unit shall not be recovered by a Landlord from a Tenant, and the Tenant Household, who is not otherwise in violation of the terms of occupancy of the Rental Unit, if either: A.
The Landlord's dominant motive in seeking to recover possession of the Rental Unit is retaliation against the Tenant for exercising any rights under this Chapter 17.23 ; or
B. The Landlord's dominant motive in seeking to recover possession of the Rental Unit is to evade the purposes of this Chapter 17.23 .
Source: Legislative text reproduced verbatim
Plain English

Under San Jose Mun. Code § 17.23.510, a landlord may not reclaim a rental unit from a tenant whose primary motivation for the eviction is to punish the tenant for exercising rights under Chapter 17.23, or to sidestep the chapter's protections. The rule focuses on the landlord's dominant motive, meaning an eviction driven by retaliation or evasion—rather than a legitimate lease violation—is prohibited.

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

Plain English — not legal advice.

For Property Managers

Operators subject to San Jose Mun. Code § 17.23.510 generally ensure that any decision to recover possession is grounded in documented, legitimate reasons unrelated to a tenant's exercise of rights under Chapter 17.23. Maintaining clear records of the business rationale for a tenancy termination helps demonstrate that the dominant motive is not retaliatory or evasive of the chapter's purposes.

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

For Tenants

Section 17.23.510 of the San Jose Municipal Code gives tenants a protection against eviction when the landlord's primary reason for seeking possession is retaliation for exercising Chapter 17.23 rights or an attempt to circumvent those protections. Tenants who believe an eviction falls under this provision may raise it as a defense in eviction proceedings, file a complaint with the City of San Jose's Housing Department, or contact a local tenant-rights organization to understand available options.

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

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Related Rules

§ 18
Reprisal for reporting violations of law or for tenant's union activity; damages and costs; notice of termination, presumption; waiver in leases or other rental agreements prohibited
§ 27
Jurisdiction of courts to restrain violation of Secs. 23 to 26; applicability of other laws to requests to change locks
§ 2A
Reprisal for reporting violations of law, for tenant's union activity, or actions taken pursuant to laws protecting tenants who are victims of domestic violence, rape, sexual assault or stalking; defense; presumption

Source Information

Source:https://api.municode.com/CodesContent?jobId=493704&nodeId=TIT17BUCO_CH17.23REDIMEARDWUNEXMOMOPA&productId=14367
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