San Jose Mun. Code Chapter 17.23 § 17.23.550
Civil action for wrongful eviction (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)
Operative Text
In addition to any other remedies provided by law, any Landlord found to have evicted a Tenant from a Rental Stabilized Unit in violation of the Apartment Rent Ordinance is liable to that Tenant for a fine of up to ten thousand dollars ($10,000), and the reasonable costs incurred by the Tenant as a result of the eviction, including the costs of moving the Tenant Household and the reasonable costs of bringing such suit, including court costs and attorney fees.
San Jose Municipal Code Chapter 17.23 § 17.23.550 establishes a civil remedy for tenants who are wrongfully evicted from rent-stabilized units. When a court finds that a landlord violated the Apartment Rent Ordinance in carrying out an eviction, that landlord may be held liable for a fine of up to $10,000, plus the tenant's actual moving costs and the reasonable costs of pursuing the lawsuit, including court costs and attorney fees. This provision operates alongside any other legal remedies that may otherwise be available, meaning it does not replace or limit other potential claims.
Plain English — not legal advice.
Under San Jose Municipal Code Chapter 17.23 § 17.23.550, landlords who own or manage rent-stabilized units face significant financial exposure if an eviction is later found to have violated the Apartment Rent Ordinance. Compliant operators generally ensure that every eviction from a Rental Stabilized Unit is grounded in a permissible just-cause reason and is carried out in strict accordance with the ordinance's procedural requirements. Because a finding of wrongful eviction can result in liability for the displaced tenant's moving expenses, court costs, attorney fees, and a fine of up to $10,000, operators typically maintain thorough documentation of the basis for any eviction action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
San Jose Municipal Code Chapter 17.23 § 17.23.550 gives tenants who were wrongfully evicted from a Rental Stabilized Unit the right to pursue a civil action against their landlord for financial damages. If a court determines the eviction violated the Apartment Rent Ordinance, recoverable amounts can include moving costs, court costs, attorney fees, and a fine of up to $10,000. Tenants who believe they were wrongfully displaced may explore options such as contacting the San Jose Rent Stabilization Program, consulting a tenant-rights organization, or speaking with an attorney to understand how this provision might apply to their circumstances.
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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