4 North 2nd Street, Suite 1300, San Jose, CA 95113
Housing Intake (408) 280-2424 • Main Telephone (408) 293-4790 • TDD (408) 294-5667
THE EVICTION PROCESS
Who does the eviction process apply to?
Almost everyone who pays rent in order to live somewhere is considered a tenant and can only be
evicted according to the process described in this handout. There are only two exceptions: (1) a
person who lives in a motel or hotel for less than 30 days; and (2) a person who is the only lodger in a
house where the landlord also lives.
What is a lodger and how are the rules different for a lodger?
A lodger is a person who is renting a room in an owner-occupied house where that person is
the only renter. In order to evict a lodger, the landlord only needs to give the lodger a written
notice that is as long in length as the period of time that the lodger pays rent for. For example,
if the lodger pays rent on a weekly basis, then the landlord only needs to give 7 days written
notice to the lodger. Once the notice expires, the landlord can change the locks to regain
possession of the unit or have the lodger arrested. The landlord does not need to go to court
in order to evict the lodger.
How does the eviction process begin?
Your landlord is required to give you one of the following types of written notices in order to evict you
from a rental property. A verbal notice is not sufficient!
Section 8 tenants in Mountain View or San Jose should check with a lawyer about whether they
should receive a good cause notice (read more below).
60-Day Notice: If you have a month-to-month tenancy, and if all tenants in the unit have lived in
the unit for a year or more, then you are entitled to a 60-Day Notice. This notice does not need to
state a reason for eviction. However, tenants in subsidized or low-income tax credit housing, in
licensed board and care homes, in rental units covered by the City of Mountain’s Community
Stabilization and Fair Rent Act or the City of San Jose’s Tenant Protection Ordinance, and those
still within a fixed-term lease are entitled to a “good cause” notice (read more below).
30-Day Notice: If you have a month-to-month tenancy and you have lived in your unit for less
than one year, private landlords can evict you for no reason with a 30-Day Notice. This notice
does not need to state a reason for eviction. Tenants in subsidized or low-income tax credit
housing, in licensed board and care homes, in rental units covered by the City of Mountain’s
Community Stabilization and Fair Rent Act or the City of San Jose’s Tenant Protection Ordinance,
and those still within a fixed-term lease are entitled to a “good cause” notice (read more below).
90-Day Notice: If you are renting private housing using a Section 8 voucher, a VASH voucher, or
another tenant based subsidy and you have a month-to-month tenancy, your landlord must give
you a 90-day notice to terminate your tenancy and end the landlord’s participation in the Section 8
program. No cause needs to be stated on this notice. However, Section 8 tenants renting in low-
income tax credit housing low-income tax credit housing or in rental units covered by the City of
Mountain’s Community Stabilization and Fair Rent Act or the City of San Jose’s Tenant Protection
Ordinance, and those still within a fixed-term lease are entitled to a “good cause” notice (read
more below).
