Why is getting the rent control status of your unit correct so important?
Navigating the world of rental property management comes with a maze of legal responsibilities—and one of the most critical factors to understand is whether your property is subject to rent control. For landlords, this isn’t just a legal technicality. Rent control can significantly impact how much you can charge for rent, when and how you can increase it, and even your ability to evict tenants. Failing to understand your property’s rent control status can lead to costly legal missteps, compliance issues, and potential tenant disputes.
Not Knowing A Units Just Cause Status Can Be Costly
Failing to understand whether a rental unit is subject to Just Cause for Eviction protections can lead to serious legal and financial consequences for owners and managers. Attempting to evict a tenant without proper cause in regulated areas can result in lawsuits, hefty penalties, and damage to a landlord’s reputation. As tenant protection laws expand and evolve, staying compliant becomes more complex — and ignorance of the law offers no protection. Uncertainty around a unit’s status can also delay or derail property sales, as buyers seek assurance that all tenant issues are resolved. For landlords, this makes legal guidance not just helpful, but essential to avoiding costly mistakes and safeguarding their investments.
Why Rent Control Status Matters in Automated Legal Workflows
Joiner’s real estate management platform streamlines critical landlord functions—automating everything from rent increase notices and notices of entry to cure-or-quit and pay-or-quit notices. Each of these documents is generated with built-in legal disclosures tailored to your property’s specific requirements. One key factor that shapes these legal templates? Rent control status. Whether or not a unit is subject to rent control directly impacts what language and requirements must be included in the notices you serve. That’s why accurately identifying rent control status isn’t just important—it’s essential for compliance and avoiding legal risk.
Disclaimer & Legal Guidance
This post is designed to help you assess whether your rental unit falls under rent control by summarizing key aspects of applicable laws. However, it is not a substitute for legal advice. Because rent control regulations vary widely by city and sometimes county —and because a unit not covered by a local ordinance may still fall under California’s statewide rent control and just cause eviction laws (see this post) —it’s important to consult the relevant local statutes or seek advice from a qualified attorney to make a definitive determination.
Joiner partners with BrightWork Law PC, a firm known for delivering efficient, cost-effective legal counsel tailored to the needs of property owners and managers across California. If you are not sure about the status of your unit we recommend that you contact BrightWork or any other law firm.
San Jose, California Rent Control and Just Cause Ordinance Applicability
San Jose, California has implemented a rent control and just cause for eviction ordinance which can be found here.
In San Jose the rent control measure covers real property rented for residential purposes (whether or not conforming) in “any Multiple Dwelling building for which a certificate of occupancy was issued on or prior to September 7, 1979 or that was offered or available for rent on or before this date” (a Multiple Dwelling Unit is defined in the zoning code as a triplex), in addition the following are excluded from the rent ordinance:
- Roms or accommodations in hotels, motels, or Guesthouses which are legally rented to transient guests for a period of less than thirty (30) days consistent with the Municipal Code, except those rooms or accommodations subject to Part 2.5 of Chapter 20.80 (note this is the section dealing with transient occupancies, for example, AirBnb and VRBO rentals) – it is unclear if this is a mistake or if the intention is to include such transient occupancy under the rental ordinance. ;
- Housing accommodations in any hospital, convent, monastery, extended care facility, emergency residential shelter, residential care facility, residential service facility, nonprofit home for Senior Citizens (as defined in the Unruh Act, as may be amended), fraternity house or sorority house, or in dormitories owned and operated by an institution of higher education, a high school or elementary school.3.
- Certain government managed or owned housing or other government managed affordable housing programs.