A San Jose lease agreement is a legally binding contract between a landlord and a tenant that outlines rental property use regulations. The document includes the terms and conditions to be followed, protecting the rights of both parties.
Aside from the California Civil Code (Title 5, Chapter 2), landlords must also comply with specific provisions from the San Jose Municipal Code:
The San Jose Tenant Protection Ordinance prohibits landlords from evicting tenants without a valid reason, encompassing both at-fault and no-fault just cause evictions. To initiate an eviction, landlords must file a Notice of Termination to both the tenant and the city, which must meet the criteria for a just cause termination in accordance with Section 17.23.1250 (San Jose Municipal Code Sec. 17.23.1240).
When issuing an eviction notice in San Jose, landlords are required to include a copy of the Tenant Protection Ordinance outlining protections for tenants. In no-fault evictions, landlords must also provide relocation assistance. Additionally, landlords should submit a Notice to Terminate Tenancy for Just-Cause Evictions to the Housing Department’s Rent Stabilization Program.
According to the San Jose Apartment Rent Ordinance, payments for any rent-stabilized unit cannot be increased by more than 5% of the rent charged in the preceding 12 months (San Jose Municipal Code Sec. 17.23.310). This ordinance applies to residential buildings that were granted a certificate of occupancy or made available for rent before September 7, 1979, deeming them as rent-stabilized (San Jose Municipal Code Sec. 17.23.167).
Landlords are allowed to include specific disclosures and addendums in their leases, helping mitigate potential liability issues in the future:
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