San Jose Mun. Code Chapter 17.23 § 17.23.540
Affirmative defense against unlawful detainer actions (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)
Operative Text
Rent Stabilized Units. A Landlord seeking to terminate a tenancy of a Tenant or Tenant Household for a Rent Stabilized Unit must comply with Section 17.23.600 (A) of the Apartment Rent Ordinance and the Tenant Protection Ordinance. Non-compliance shall constitute an affirmative defense for a Tenant of a Rent Stabilized Unit against any unlawful detainer action under California Code of Civil Procedure Section 1161.
San Jose Municipal Code § 17.23.540 establishes that when a landlord attempts to end a tenancy in a rent-stabilized unit, the landlord must satisfy the requirements set out in both Section 17.23.600(A) of the Apartment Rent Ordinance and the Tenant Protection Ordinance. If those requirements are not met, the law treats that non-compliance as an affirmative defense — a legal shield a tenant may raise — in any eviction (unlawful detainer) proceeding brought under California Code of Civil Procedure Section 1161. In other words, a procedurally or substantively deficient termination attempt does not simply expose the landlord to a complaint; it can undercut the legal basis of the eviction case itself.
Plain English — not legal advice.
Operators of rent-stabilized units in San Jose should be aware that § 17.23.540 ties the validity of any eviction action directly to compliance with both the Apartment Rent Ordinance § 17.23.600(A) and the Tenant Protection Ordinance before initiating termination of a tenancy. Compliant operators typically confirm that all substantive and procedural requirements under those provisions are satisfied prior to serving any notice to terminate. Because non-compliance can be raised as an affirmative defense in an unlawful detainer proceeding, thorough documentation of the grounds and process for termination is a standard practice in managing rent-stabilized properties.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 17.23.540, tenants living in rent-stabilized units in San Jose have a specific legal protection: if a landlord did not comply with Section 17.23.600(A) of the Apartment Rent Ordinance or the Tenant Protection Ordinance before seeking to end the tenancy, that non-compliance can be raised as an affirmative defense in an eviction court case filed under California Code of Civil Procedure Section 1161. This means the issue of whether the landlord followed proper procedures can be brought directly before the court as part of the eviction proceeding itself. Tenants who believe these requirements were not followed may wish to contact the San Jose Rent Stabilization Program or a local tenant-rights organization to better understand how this defense applies generally.
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 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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