Ing to San José Municipal Code section 17.23. 310, a landlord may only raise rent for a covered rental unit by 5% of the rent charged in the preceding twelve months.
While there's no legal cap on how much a private landlord can increase rent, there are still a few things to consider before going ahead with the uptick.
For example, a tenant and landlord may agree to a five-year lease with a five-year option to renew. At the end of the first five years, the tenant is given the chance to continue the lease for another five years. If you think you may renew, be sure to bring up extension provisions with your landlord.
San Jose's Rent Stabilization Program requires landlords to provide tenants with a 30-day written notice for rent increases. They cannot exceed the 5% annual increase limit. This ensures predictability for renters and discourages sudden rent hikes.
A break clause in a commercial lease (also known as 'an option to determine') is fairly common. It allows both parties flexibility if any issues or changes in circumstances occur, and provides the parties with a mechanism to terminate the agreement early if certain criteria are met.
Be sure to review the contract in its entirety and consider all written terms and conditions including penalties, renewals, terminations, and extensions when evaluating the lease term. Depending on how the contract is written, the lease term may be determined from the commencement date or possibly the possession date.