Key Takeaways
Document every screening decision consistently and keep records for at least three years to defend against fair housing claims.
Provide all required state and local disclosures in writing before or at lease signing, including lead-based paint, mold, and San Jose Apartment Rent Ordinance notices.
Follow proper notice procedures for entry, rent increases, and terminations, using certified mail or other documented methods to protect yourself if a dispute arises.
Running a rental property in San Jose means navigating California landlord-tenant law, the Tenant Protection Ordinance, the Apartment Rent Ordinance, and AB 1482 all at once. Compliance can be the difference between a smooth tenancy and a costly legal dispute.
Missing a disclosure, using the wrong notice form, or applying screening criteria unevenly can expose you to liability, fines, or an eviction that takes months and drains your return.
This checklist from Fireside Property Management walks you through the compliance sequence most landlords miss: the right screening process, lease documentation that holds up in court, required disclosures at the moment they're due, and notice procedures that protect you if a tenant challenges your decisions.
GET A FREE RENTAL ANALYSIS TODAY
Rental Analysis
Screen Tenants Consistently and Document Everything
Tenant screening is your first legal gate. The moment you accept an application, you're subject to fair housing law. That means your screening criteria must be applied uniformly to every applicant, regardless of protected class.
Start by writing down your screening standards before you receive any applications. Common criteria include a minimum credit score, income at least three times the monthly rent, no evictions in the past seven years, no criminal convictions related to violence or property crimes, and employment verification.
Run a background check that complies with the Fair Credit Reporting Act. This gives you documented, consistent results and protects you if a tenant later claims you made a biased decision. Check credit, eviction history, criminal records, and employment.
Keep a file for every applicant, including the application, credit report, background check results, employment verification, and your approval or denial letter. If you deny an applicant, provide a written reason, California law requires this. Store these files for at least three years.
Prepare the Lease and Required Disclosures
Your lease is the contract that governs the entire tenancy. It must comply with California law and include the terms you intend to enforce. A weak or missing lease makes eviction harder and gives tenants room to claim they were never told about a rule.
Use a California-compliant lease form, not a generic national template. The lease should include the rent amount, lease term, move-in date, security deposit amount, late fees, pet policy, maintenance responsibilities, entry notice requirements, and any local ordinances that apply.
If the property is covered by the Apartment Rent Ordinance or Tenant Protection Ordinance, state that explicitly in the lease.
Before the tenant moves in, you must provide written disclosures. These are non-negotiable.
A lead-based paint disclosure is required for any property built before 1978. Provide the EPA's pamphlet and a written acknowledgment signed by the tenant. This is federal law and applies everywhere.
California also requires written notice of any known mold. If you've never had mold, you can state that. If you have, disclose it.
Additionally, if the property is a building of three or more units built and occupied before September 7, 1979, rent increases are capped at 5% once per 12 months. Tenants must know this. Provide the city's official notice.
Provide all disclosures in writing before or at lease signing. Have the tenant sign an acknowledgment for each one. Do not email them after move-in and claim compliance. If you miss a disclosure, a tenant can break the rental agreement without penalty, and you may owe damages.
Establish Your Notice Procedures
Proper notice is the backbone of compliance. Whether you're entering the property, raising rent, or terminating the tenancy, the notice must follow California law's timing and delivery requirements.
For entry, California requires 24 hours' written notice except in emergencies. Send the notice by email, text, or posted notice. Document the date you sent it. Keep a copy in your file. If a tenant claims you entered without notice, your documented notice proves otherwise.
CONTACT US TODAY FOR MORE INFORMATION
Contact Us
For rent increases, timing depends on which law applies. Under AB 1482, you can raise rent once per 12 months by up to 5% plus the cost of living index, capped at 10%. You must give 30 days' notice in writing.
Under the Apartment Rent Ordinance, the cap is 5% once per 12 months, and you must give 30 days' notice. Under the Tenant Protection Ordinance, you cannot raise rent on a covered tenant without just cause.
For termination, the notice period depends on the reason. For no-fault termination under the Tenant Protection Ordinance, you must give 60 days' notice and pay relocation assistance. For just-cause termination, you must give 30 days' notice. For non-payment of rent, you can serve a 3-day pay-or-quit notice.
Use certified mail to deliver notices. Keep the receipt. If a tenant later claims they never received a notice, your certified mail receipt proves delivery.
Document Maintenance and Repairs
California law requires landlords to maintain habitability. That means heat, water, electricity, working plumbing, and a roof that doesn't leak. If a tenant reports a repair, respond in writing within a reasonable time, and document your response.
Keep a log of every maintenance request, the date reported, your response, the contractor who did the work, the cost, and the date completed. If a tenant later claims you ignored a repair request, your log proves you didn't. If you ever need to evict for non-payment or lease violation, the tenant will likely claim you breached habitability. Your maintenance log is your defense.
Handle Rent Collection and Late Payments
Document every rent payment. If a tenant pays late, send a written late notice before you consider eviction. California law requires this. The notice should state the amount owed, the date it was due, the date received, and the late fee if applicable.
If rent remains unpaid after 30 days, you can serve a 3-day pay-or-quit notice. This is the first step in eviction. Use certified mail and keep the receipt. If the tenant pays during the 3-day period, the notice is satisfied and you cannot evict. If they don't pay, you can file for eviction, but only after the 3 days have passed.
Never accept a partial payment and then serve an eviction notice. Accepting partial rent can be interpreted as waiving your right to evict, which resets the clock. If you accept $500 of $2,000 rent, document it as a partial payment and state in writing that you reserve the right to evict for the remaining balance.
Bottom Line
Compliance isn't a one-time task. It's a sequence that starts the moment you advertise the property and continues through move-out. Screen consistently, disclose everything in writing, follow notice procedures exactly, and document every step. A single missed disclosure can give a tenant grounds to break the lease, withhold rent, or sue for damages.
Fireside Property Management handles this entire sequence for owners in San Jose and Santa Clara County, from screening through lease preparation, disclosures, and notice delivery. If you'd rather focus on your investment return than on compliance mechanics, a hands-on manager can absorb the legal and operational load.
GET TO KNOW OUR TRUSTED TEAM
Our Company
Frequently Asked Questions About Landlord Compliance
What is the difference between the San Jose Apartment Rent Ordinance and AB 1482?
The Apartment Rent Ordinance applies to buildings of three or more units built and occupied before September 7, 1979. It caps rent increases at 5% once per 12 months. AB 1482 is state law that applies to single-family homes, condos, duplexes, and newer apartment buildings.
It allows rent increases up to 5% plus the cost of living index, capped at 10%, once per 12 months. Single-family homes and duplexes are generally exempt from the Tenant Protection Ordinance but may fall under AB 1482. If your property is a covered building under the ARO, the ARO cap (5%) is more restrictive and applies instead of AB 1482.
What happens if I fail to provide a required disclosure before the tenant moves in?
If you don't provide a required disclosure in writing before or at lease signing, the tenant can terminate the lease without penalty and you may owe damages. For example, if you fail to provide a lead-based paint disclosure on a pre-1978 property, the tenant can break the lease and potentially sue for damages up to three times the monthly rent.
The tenant doesn't have to stay and accept the breach. Provide all disclosures before move-in, have the tenant sign an acknowledgment, and keep copies in your file. If you discover you missed a disclosure after the tenant has moved in, provide it immediately in writing and acknowledge the oversight to reduce exposure.
What records should I keep, and for how long?
Keep screening documents for at least three years. Keep lease agreements, signed disclosures, and tenant acknowledgments for the entire tenancy plus three years after move-out. Keep maintenance requests, repair invoices, and completion dates for at least three years. Keep rent payment records, late notices, and eviction documents for at least three years.
Keep notice delivery receipts for at least three years. These records prove you followed the law and protect you if a tenant sues or challenges an eviction. Use a filing system or property management software to organize documents by property and date.
Do I need to screen tenants for pets even if they don't have a pet?
Yes. California fair housing law requires consistent screening procedures. If you screen some applicants for pet history and skip others, you create inconsistency that can expose you to discrimination claims. Screen every applicant using the same pet criteria, whether or not they currently have a pet.
This prevents tenants from later claiming they didn't know you'd approve their dog or that you changed your policy mid-tenancy. Document the pet screening results for every applicant in your file. If you allow pets, require proof of pet liability insurance or a pet deposit, and include the pet policy in the lease.
