San Jose & Silicon Valley Commercial Eviction Guide

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Santa Clara County — At a Glance

45–75

Days to Lockout

Moderate timeline

$240+

UD Filing Fee

Santa Clara Superior Court

Highest

CA Commercial Rents

Silicon Valley commands premium

Tech

Dominant Tenant Class

Startups to Fortune 500

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Santa Clara Superior Court — Filing Information

Main Courthouse

Old Courthouse

191 N. 1st St., San Jose, CA 95113

Civil Complex

Hall of Justice

201 W. Mission St., San Jose, CA 95110

Sunnyvale / North County

Sunnyvale-McKinney Courthouse

605 W. El Camino Real, Sunnyvale, CA 94087

South Santa Clara

Morgan Hill Courthouse

475 W. Main Ave., Morgan Hill, CA 95037

Court Website

scscourt.org

Local rules, eFiling, case management

Sheriff Civil

Santa Clara County Sheriff

Civil Unit executes writs

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Silicon Valley Commercial Eviction — Unique Considerations

Evicting Tech Startups — High-Risk Tenant Profile

Silicon Valley landlords face a uniquely challenging tenant profile. Venture-backed startups are often flush with capital when signing a lease but can rapidly deplete their runway. A startup that fails to raise its next funding round may be months behind on rent almost overnight. These tenants frequently have: (1) sophisticated in-house or outside counsel on retainer; (2) personal guaranties from founders (which can be enforced separately); (3) valuable server equipment, IP, and leasehold improvements that complicate the lockout and abandoned property analysis.

Large Tech Tenants — Different Risk Profile

Large tech companies (Google, Apple, Meta, NVIDIA, Cisco) rarely default on rent but may attempt to surrender space mid-lease under complex subletting or assignment provisions. When a large tech company stops paying rent, it is typically strategic — they have resources for protracted litigation and will contest every procedural step. Budget for 6–12+ months in contested UD proceedings against a Fortune 500 tech company.

Silicon Valley Commercial Rents & Damages Exposure

Santa Clara County commands some of the highest commercial rents in California: Class A office in Sunnyvale/Santa Clara runs $6–$10/sqft NNN; R&D space in North San Jose runs $3–$6/sqft; Mountain View and Palo Alto premium space exceeds $10+/sqft. Even a 3-month default on a $50,000/month lease generates $150,000 in rent arrears plus holdover exposure — making the damages calculator critical for Silicon Valley landlords. Use our Penalty Estimator to calculate your specific exposure.

Court Venue for SV Properties Outside San Jose

Properties in Sunnyvale, Santa Clara, and Cupertino: may be filed at Sunnyvale-McKinney Courthouse or San Jose main courthouse depending on address. Palo Alto and Mountain View: Santa Clara County (SJ courthouse). Note that Menlo Park is in San Mateo County and must be filed there. Fremont is in Alameda County. Verify county before filing.

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San Jose / Silicon Valley Commercial Eviction — FAQ

A startup that runs out of runway is often unable to pay rent and may begin defaulting immediately. Landlords should: (1) serve the 3-day notice promptly — every day of delay is a day of accruing unpaid rent; (2) check whether a personal guaranty exists from the founders; (3) verify whether the VC investors have any liability under the lease; (4) consider negotiating a cash-for-keys settlement if the startup has remaining assets. Startup bankruptcies create additional complications — if the company files Chapter 7 or Chapter 11, the UD is stayed and the lease becomes a bankruptcy asset.

Only if the founders signed a personal guaranty on the lease. This is common for early-stage startups (Series A and earlier) but less common for later-stage companies. If a guaranty exists, the landlord can pursue the guarantor for the full lease damages under Civil Code §1951.2 in a separate breach of contract action, even after the UD is concluded. Verify the guaranty terms — some have sunset provisions or cap exposure.

Tech company tenants often leave behind high-value server racks, networking equipment, and other IT infrastructure. After eviction, this property is subject to California's abandoned commercial property statutes (Civil Code §1993). The landlord must provide written notice to the tenant specifying the property and a reasonable time to retrieve it before it can be sold or disposed of. Do not discard or sell server equipment without following the statutory procedures — liability for wrongful disposal of valuable property can be substantial.

San Jose & Silicon Valley Commercial Eviction Timeline & Guide