San Jose rental inspections and repair complaints: a guide for landlords and property managers

If you own or manage rentals in San José, the City and the state both have rules on when a unit gets inspected and what happens when a tenant complains about repairs. Every point below links to its City or state source.

Which rentals the Multiple Housing program covers

The City's Multiple Housing Inspection Program covers apartments, hotels, motels, fraternities, sororities, emergency shelters, residential service facilities, and residential care facilities with seven or more persons.¹ Single-family homes and duplexes are not on that list.

Inspection tiers and cycles

How often a building is inspected depends on its tier. The City assigns the tier from the building's inspection performance and its recent history of violations and verified complaints.²

• Tier 1: 6-year cycle, with mandatory annual self-certification. The City responds to complaints and audits 10% of the building's self-certified units on a 6-year cycle.²
• Tier 2: 5-year cycle. The City responds to complaints and proactively inspects 25% of the building's units on a 5-year cycle.²
• Tier 3: 3-year cycle. The City responds to complaints and proactively inspects 50% of units on a 3-year cycle. This is for every building that does not qualify for Tier 1 or 2.²

You can find your building's tier on the City's Multiple Housing Roster.² Uncorrected violations or substantiated complaints can move a building down a tier.² After a substantial remodel, an owner can ask for an early tier change by emailing the scope, invoices and finaled permit numbers to MHProgram@sanjoseca.gov. The City says window replacements alone are not enough.²

What Tier 1 self-certification requires

• Inspect every unit each year and at each change of tenancy, and submit an affidavit with the annual permit renewal.²
• Give tenants a copy within five working days of the inspection, and keep the records for seven years.²
• Tell Code Enforcement by July 31 if any unit cannot be self-certified. If the online certification is not received by December 31, the building moves to Tier 2 in January.²

Residential Occupancy Permit

The City says an active Residential Occupancy Permit, renewed annually, is required for all apartments, hotels, motels, fraternities, sororities, emergency shelters and residential service facilities, and for residential care facilities with seven or more persons.³ The City's fee table for fiscal year 2026-27 lists these per-unit amounts:³

• Tier 1: $20.56 per unit³
• Tier 2: $47.52 per unit³
• Tier 3: $158.71 per unit³

The same table lists a $276.00 reinspection fee, charged for each reinspection after the first one if violations are not corrected by the due date.³ Renewals are paid on SJPermits.org using the number on the invoice.^{3, 16}

Getting ready for a City inspection

The City's own preparation list:⁴

1. Give tenants at least 72 hours notice before the inspection.
2. Make sure smoke detectors and carbon monoxide alarms work and meet state installation requirements.
3. Review the City's list of common violations and make repairs before the inspection.
4. Confirm permits were obtained and finaled on sjpermits.org.

One catch for repairs: the City lists deck, balcony and stair repair or replacement, carports, garage doors, laundry facilities and storage sheds among projects that need Planning approval even for like-for-like work.⁴

Balcony and deck (E3) inspections

State law, Health and Safety Code 17973, requires inspection of exterior elevated elements in buildings with three or more multifamily units.⁶ An exterior elevated element is a balcony, deck, porch, stairway, walkway or entry structure, with its supports and railings, that has a walking surface more than six feet above ground and relies on wood for structural support.⁶

• Deadline. The statute says the inspection must be completed by January 1, 2026, and by January 1 every six years after that.⁶ San José asks for apartment E3 reports by a licensed professional at E3@sanjoseca.gov.⁵
• Who can inspect. A licensed architect, a licensed civil or structural engineer, a certified building inspector or building official, or a contractor with an A, B or C-5 license and 5 or more years of relevant experience. A current City employee cannot do it.⁵
• The report. A written, stamped or signed report goes to the owner within 45 days. Apartment owners keep it for two inspection cycles, 12 years.⁵
• Emergency conditions. Restrict access immediately, make emergency repairs, and notify the City within 15 days.⁵
• Other repairs. Apply for a permit within 120 days and finish repairs within 120 days of permit issuance.⁵

If repairs are not done within 180 days, the inspector notifies the City and the owner. If they are still not done 30 days after that notice, the owner faces a civil penalty of $100 to $500 per day until the repairs are complete, and a lien can be recorded on the property.⁶

Habitability: what a rental must have

California Civil Code 1941.1 says a dwelling is untenantable if it substantially lacks certain standard characteristics.⁷ They include weatherproofing of the roof and exterior walls with unbroken windows and doors, working plumbing and gas, hot and cold running water, heating, electrical wiring and lighting, clean and pest-free grounds, garbage receptacles, and floors, stairways and railings in good repair.⁷ For leases entered, amended or extended on or after January 1, 2026, the list adds a working stove and a working refrigerator, with an opt-out when the tenant supplies the refrigerator.⁷

The same section also counts a unit as untenantable if it is a substandard building under Health and Safety Code 17920.3.⁷ That list includes inadequate sanitation, visible mold beyond minor surface mold, structural hazards and fire hazards, when they endanger occupants or the public.⁸

When a tenant complains to the City

Code Enforcement lists substandard housing conditions among the issues it handles. Civil disputes and evictions are not.⁹ The City says most complaints are investigated and violations confirmed within 1 to 15 business days.⁹ If a violation is confirmed, an enforcement notice lists the violations, the corrections, possible fines and a deadline.⁹ See what to do after a code enforcement notice.

• Notices go to the owner. The City mails all notices, including citations, to the property owner of record, and says it is the owner's responsibility to correct the violations.⁹
• Deadlines vary. The City gives the example of 10 days to cut overgrown vegetation, and up to 180 days to get planning and building permits. Your exact deadline is in the written compliance order.⁹
• Fines. The City says standard fines range from $250 to $1,000 per violation, and severe, repeated or persistent cases can go to the Appeals Hearing Board, where fines can reach $500,000.⁹ See fines and appeals.
• Relocation. The City says owners have tenant relocation obligations under Part 11 of the Housing Code, including for substandard housing conditions after the City issues a notice of violation.¹⁰ If a unit is declared unsafe to occupy, see red tags in San José.

Repair and deduct, and retaliation

Under Civil Code 1942, if the landlord does not make needed repairs within a reasonable time after notice, the tenant may make the repair and deduct the cost from rent, up to one month's rent, or move out. A tenant can use this no more than twice in any 12-month period.¹¹ The remedy does not apply if the tenant caused the problem.¹¹

Civil Code 1942.5 covers retaliation. If a tenant who is current on rent makes a repair request, complains to an agency, or has an inspection or citation, the landlord may not evict, raise the rent or cut services within 180 days for that reason.¹² A tenant can invoke this protection once in any 12-month period.¹² Where the landlord acted with fraud, oppression or malice, punitive damages run $100 to $2,000 for each retaliatory act.¹²

San José's Housing Department also runs six rental ordinances, including the Apartment Rent Ordinance and the Tenant Protection Ordinance.¹³ The Tenant Protection Ordinance covers notices to terminate a tenancy.¹⁴ Call the Housing Department at 408-975-4470 with questions.¹³

Soft story retrofit program

San José has a mandatory Soft Story Retrofit Ordinance. The City Council delayed its effective date to April 1, 2027.¹⁵ It generally covers wood-frame buildings with at least three residential units, built before 1990. Some have levels with large openings used for parking or storage.¹⁵ The City says no action is required before April 1, 2027 unless you want to be considered for financial assistance, and grant eligibility requires that the building first be screened.¹⁵ The City's page lists different dates for the screening deadline, so confirm every deadline directly with the City's Soft Story Retrofit Program at SoftStoryRetrofit@sanjoseca.gov or 408-535-3598.¹⁵

How we help landlords and property managers

We are a licensed general contractor, CSLB #1050108. We make the repairs on a City inspection list or a code enforcement notice, pull the permits, and schedule the final inspections, so you can show finaled permits when the City asks. After an E3 report, we handle the permitted balcony, deck and stair repairs. See our services for property managers, or every guide on the San José code compliance page.

Common questions

Sources

• 1. City of San José: Multiple Housing Inspection Program
• 2. City of San José: Multiple Housing, Inspection Service Tiers
• 3. City of San José: Residential Occupancy Permit (fee table, 2026-27)
• 4. City of San José: Multiple Housing, Preparing for Inspection
• 5. City of San José: Exterior Elevated Elements (E3)
• 6. California Health and Safety Code 17973: exterior elevated element inspections
• 7. California Civil Code 1941.1: untenantable dwellings
• 8. California Health and Safety Code 17920.3: substandard buildings
• 9. City of San José: Code Enforcement Process and FAQ
• 10. City of San José: Code Enforcement, Tenant Resources
• 11. California Civil Code 1942: tenant repair and deduct
• 12. California Civil Code 1942.5: retaliation
• 13. City of San José Housing Department: Housing Ordinances
• 14. City of San José Housing Department: Tenant Protection
• 15. City of San José: Soft Story Retrofit Program
• 16. SJPermits.org: San José permit records

This page explains the construction side of San José's rules. It is not legal advice. The City and its inspectors decide what applies to your property.