In San Jose, California, tenants enjoy specific rights when it comes to terminating their lease agreement. Understanding these rights is crucial for both tenants and landlords to ensure a smooth transition and adherence to the law. Here is a detailed description of the San Jose California Tenant Right to Terminate Lease, including different types of termination options: 1. Termination for Just Cause: Under the San Jose Just Cause Eviction Ordinance, tenants have the right to terminate their lease if there is a qualifying reason, or "just cause." This includes situations such as the landlord's failure to maintain habitable conditions, illegal activities on the property, or significant breaches of the lease agreement by the landlord. 2. Termination for Relocation Assistance: In San Jose, if a landlord intends to demolish or permanently remove a rental unit from the market, convert it into a different use, or withdraw it under the Ellis Act, they must provide relocation assistance to the affected tenants. This financial assistance aims to support the tenants in finding alternative housing options. 3. Termination for Substantial Rehabilitation or Renovation: When a landlord plans substantial rehabilitation or renovation of the rental unit that requires the tenants to vacate, they must comply with the San Jose Rent Stabilization Ordinance. In such cases, tenants may be entitled to relocation benefits and a right of first refusal to re-rent the unit once the work is completed. 4. Termination by Mutual Agreement: Tenants and landlords have the freedom to mutually agree on terminating the lease agreement at any time. This can occur when both parties find it beneficial, such as when a tenant wants to relocate or when a landlord plans to sell the rental property. It is essential to document such agreements in writing to avoid any misunderstandings. 5. Termination for Military Personnel: San Jose follows federal laws, such as the Service members Civil Relief Act (SCRA), which grants specific rights to military personnel. Under the SCRA, active-duty military members may terminate their leases if they receive permanent change-of-station orders or deploy for at least 90 days. 6. Termination by Tenant Giving Notice: In addition to the specific termination circumstances mentioned above, tenants in San Jose generally have the right to terminate their lease by providing proper notice to the landlord. The notice period and requirements may vary, such as 30 days' notice for month-to-month tenancies or as specified in the lease agreement. Understanding the San Jose California Tenant Right to Terminate Lease is crucial for both tenants and landlords to ensure compliance with the law while protecting their respective interests. Tenants should familiarize themselves with their rights and obligations, while landlords must stay informed to avoid any potential legal issues. Consultation with an attorney or local housing agency can provide further guidance on specific situations.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.