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.
San Jose Lease Requirements
Aside from the California Civil Code (Title 5, Chapter 2), landlords must also comply with specific provisions from the San Jose Municipal Code:
Just Cause Evictions
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).
Eviction Notice Requirements
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.
Limits on Rent Increases
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).
Optional Lease Disclosures and Addendums
Landlords are allowed to include specific disclosures and addendums in their leases, helping mitigate potential liability issues in the future:
- Asbestos disclosure: As California ranks as the top state for asbestos-related deaths, it’s imperative for landlords to include a disclosure regarding the presence of asbestos on the property. If confirmed, tenants must take precautions to minimize the risk of disturbing the asbestos fibers.
- Medical marijuana use disclosure: Given that medical marijuana use is legal in San Jose, it’s crucial to address whether it will be allowed on the property. State law permits landlords to limit marijuana consumption solely to non-smoking methods. Additionally, landlords should clarify if there are designated smoking areas on the premises.
