San Jose Eviction Court Steps 2026–27: The Just-Cause Notice, the 10-Day Answer, Free Help at 201 N. First St. and the Sheriff's 5-Day Notice
Updated: 6 hours ago
Renting in San Jose comes with more protection than in most of California. If you live in an apartment building, a guesthouse or an unpermitted unit, the city's Tenant Protection Ordinance (TPO) says your landlord can end your tenancy only for one of 13 listed reasons, and has to send the city a copy of the notice. Once a court case is filed, though, the clock is short: you have about 10 court days to respond.
Here's how an eviction moves through Santa Clara County, what San Jose adds on top of state law, and where to get free help.
Last reviewed: October 2026. Read how we verify guides in our Editorial Standards.
What San Jose tenants should know first
It starts with a written notice. In covered San Jose rentals, it must list one of the TPO's 13 just causes and include the city's Resources and Referral Notice.
Your landlord must send the city a copy within three days of serving you. You can check with the Rent Stabilization Program.
Court papers: file an Answer (form UD-105) within 10 court days if you were handed the papers. Filing costs $240 to $450, or ask for a fee waiver.
Free help: the court's Self-Help Center, 201 N. First St., and the city's Eviction Prevention Program, 408-975-4444.
Free lawyers: Law Foundation of Silicon Valley 408-280-2424; Bay Area Legal Aid 800-551-5554.
Behind on rent? Homelessness Prevention System: 408-516-5100.
If you lose: the sheriff posts a Notice to Vacate giving you 5 days.
Step 1: The Notice
California landlords must give you a written notice before they can file in court. The state's Self-Help Guide says it must explain why the landlord wants you out and how long you have.
Counting your deadline. For pay-or-quit and fix-or-quit notices, weekends and court holidays don't count. For move-out-only notices, like a 30-day or 60-day notice, count every day, but if the last day lands on a weekend or holiday, it moves to the next business day.
If you agree with the notice, pay or fix the problem by the deadline. If you do, the landlord shouldn't file a case. If you disagree, talk to the landlord, ask about mediation, and get help early.
San Jose's just-cause rules
The TPO covers multifamily dwellings, guesthouses and unpermitted units. In those homes, a landlord may end a tenancy only for one of these causes, according to the city:
Because of something the tenant did:
Nonpayment of rent
Material or habitual violation of the lease
Damage to the apartment
Refusing to agree to a similar or new rental agreement
Disorderly behavior or disturbing the peace
Refusing lawful access to the apartment
An unapproved holdover subtenant
Criminal activity
Because of a landlord decision:
Substantial rehabilitation
Removing units from the rental market under the Ellis Act
Owner move-in
City code enforcement that requires a move-out
Converting an unpermitted unit to permitted use
Relocation money. For the five landlord-decision causes, the landlord must pay relocation benefits when the notice is served. The city lists these amounts:
Unit size | Relocation benefit |
Studio | $6,925 |
1 bedroom | $8,400 |
2 bedrooms | $10,353 |
3 bedrooms | $12,414 |
What the landlord must do, per the city:
Give you the TPO's required posting or post it in a common area
Serve the notice in writing with the amount of notice required by state law
Name at least one of the 13 causes and attach the Resources and Referral Notice
Send a copy of the notice to the city within three days
Never threaten to report your immigration status as retaliation
What you should do: confirm the notice is in writing, check that it lists one of the 13 causes, and email the Rent Stabilization Program at TPO@sanjoseca.gov to make sure your landlord filed it with the city.
Step 2: Court Papers
If you don't do what the notice says, the landlord can file an unlawful detainer (eviction) case in Santa Clara County Superior Court. You'll be served a Summons (SUM-130) and Complaint (UD-100).
The city's Eviction Prevention Program puts it bluntly: "you must act fast." Don't move out before learning your rights, the city says. Contact EPP first.
Step 3: File Your Answer
The deadline. The Santa Clara County court says that since January 1, 2025, tenants have 10 days to respond (it was 5 days before). The state's Self-Help Guide explains how to count, starting the day after service:
Handed to you: 10 court days (no weekends or court holidays).
Left with someone else and mailed, or posted and mailed: 10 calendar days plus 10 court days.
Even if you're late, the state says you may still be able to file as long as the landlord hasn't filed a Request to Enter Default. File immediately.
The form. Use Answer – Unlawful Detainer (UD-105). In item 2, deny anything in the complaint you don't agree with. If you don't, the judge assumes you agree. Use MC-025 for extra space. In San Jose, a notice that doesn't list a valid just cause, or wasn't filed with the city, may be part of your defense. Ask a lawyer.
The cost. The filing fee is $240 to $450. If you can't afford it, file a fee waiver request.
Roommates can share one Answer only if they have the same defenses. Otherwise each files separately and pays a fee.
Serve it. After filing, a copy must be served on your landlord.
If you don't file, there's no trial. The landlord can get a default judgment and the sheriff can post a Notice to Vacate.
Where to get help with the Answer
The city lists:
Santa Clara County Superior Court Self-Help Center, 201 N. First St., San Jose. Monday–Thursday, 8:30 a.m.–1:30 p.m.; Friday, 8:30 a.m.–noon.
Remote help from the Family Justice Center Courthouse: Monday, Tuesday and Thursday, 8:30 a.m.–1:30 p.m., by phone at 408-882-2926, or by live chat and email through the court's website.
The court also posts an Answer an Unlawful Detainer Workshop video and self-help eviction forms. Its online question form is for general questions only. If you've already been served, the court says to contact an attorney, legal services or the Self-Help Center right away.
Free and Low-Cost Lawyers
Law Foundation of Silicon Valley: 408-280-2424, lawfoundation.org/housing
Bay Area Legal Aid: 800-551-5554, baylegal.org
Santa Clara County Bar Association Lawyer Referral Service: 669-302-7803
LawHelpCA.org for statewide free legal information
The city's page doesn't list income limits for these groups. Call as soon as you get a notice.
Mediation
The court says it works with Project Sentinel and the Judicial Council's Access to Justice Commission to offer free mediation to landlords and tenants. A mediated agreement can mean a payment plan, more time to move, or a dismissal. Get any agreement in writing.
Step 4: Getting a Trial Date
After an Answer is filed, either side can request a trial with form UD-150. The state says the trial is usually about a month after that request. Either side can ask for a jury, which costs $150 plus a daily juror fee unless waived.
Step 5: Trial
The state's tips:
Plan to be at court for up to 4 hours.
Ask for a free interpreter as soon as you get your date.
Need a disability accommodation? File MC-410 at least 5 days before trial.
Bring organized evidence: the notice, receipts, photos, texts and letters.
The judge may ask you to try to settle first, sometimes with a mediator.
Step 6: If You Lose
The court issues a Judgment of Possession, the landlord gets a Writ of Execution, and the sheriff posts a Notice to Vacate giving you 5 days.
More time: ask for a stay of execution. You'll owe rent for each extra day.
Missed court: you may be able to ask to set aside the judgment if you had a good reason.
Money judgment: some income is exempt from garnishment; you can file a claim of exemption.
Appeal: possible, but the state warns it doesn't stop the sheriff.
The state also warns that an eviction can stay on your record for 7 years.
Rent and Utility Help
Homelessness Prevention System: preventhomelessness.org or 408-516-5100, if you can't pay rent.
San José Clean Energy discount programs: 833-432-2454, for past-due electric bills and lower rates.
Eviction Prevention Program: 12th floor, San José City Hall, 200 E. Santa Clara St., Monday–Friday, 8 a.m.–5 p.m. Email evictionhelp@sanjoseca.gov or call 408-975-4444. The first 90 minutes of parking on 4th Street at San Fernando are free.
Quick Checklist
[ ] Check the notice for one of the 13 just causes
[ ] Email TPO@sanjoseca.gov to confirm it was filed with the city
[ ] Call the Law Foundation or Bay Area Legal Aid
[ ] File your Answer (UD-105) within 10 court days
[ ] Apply for rent help at 408-516-5100
[ ] Ask about free mediation through Project Sentinel
[ ] Go to trial with your evidence organized
Related Guides
More help in San Jose
Every guide we have for San Jose is listed on our San Jose financial help hub. Related guides for the same area:
Comments