San Jose Mun. Code Chapter 17.23 § 17.23.705
Tenant buyout (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)
Operative Text
Subject to the requirements of Chapter 14 of the Regulations, a Landlord may negotiate with a Tenant to obtain a voluntary vacancy by agreement.
San Jose Municipal Code § 17.23.705 establishes that a landlord is permitted to negotiate with a tenant to reach a voluntary agreement under which the tenant vacates the rental unit. However, this authority is not unconditional — it operates subject to the requirements set out in Chapter 14 of the Rent Regulations. Those additional requirements govern how such buyout negotiations and agreements must be conducted.
Plain English — not legal advice.
Under § 17.23.705, landlords who wish to pursue a tenant buyout arrangement must ensure the process complies with Chapter 14 of the San Jose Rent Regulations, which sets procedural and substantive requirements for these negotiations. Compliant operators generally familiarize themselves with Chapter 14's disclosure, documentation, and timing obligations before initiating any buyout conversation. Approaching a buyout without satisfying those requirements can expose a landlord to regulatory consequences.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 17.23.705 confirms that any landlord-initiated buyout offer is voluntary — a tenant cannot be compelled to accept such an agreement. Importantly, Chapter 14 of the Rent Regulations provides tenants with specific protections governing how these negotiations must be conducted, which may include rights to disclosures or a period to rescind an agreement. Tenants who believe a buyout process did not follow the required procedures may consider raising that concern with the San Jose Housing Department 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.
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