# Tree-Root Sidewalk Damage in San Jose, CA: Who Pays? | Who Pays the Repair?

> In San Jose the owner is responsible for both the street tree and the sidewalk, so tree-root sidewalk damage is the owner’s cost either way.

**Who pays:** owner

San Jose: the owner is responsible for both the street tree and the sidewalk, so tree-root sidewalk damage is the owner’s cost.

**Boundary:** San Jose is unusual: the abutting property owner is responsible for BOTH the street tree (including protecting its critical root zone, San Jose Municipal Code § 13.28.400) AND the adjacent sidewalk (city sidewalk-responsibility page; CA S&H § 5610). So tree-root sidewalk damage is the owner’s cost either way.

**Property owner:** Maintain and, if necessary, replace the adjacent street tree including its critical root zone (§ 13.28.400); maintain the adjacent sidewalk, park strip, curb and gutter (city page; § 5610).

**City / agency:** The City Trees and Sidewalks team advises; no owner-relief/city-pays program found.

## Sources
- [San Jose Municipal Code § 13.28.400 (owner maintains adjacent street trees incl. critical root zone)](https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT13STSIPUPL_CH13.28STTRHESH_PT4MAREPR_13.28.400PROWMAESDUPU) — "The property owner of a lot or portion of a lot adjacent to or fronting on any portion of a street shall maintain and replace, if necessary, any street trees, shrubs, hedges or other landscaping adjacent to or fronting on the subject property... maintenance of street trees... includes, but is not limited to: watering, pruning, fertilizing, pest control, removal of branches, leaves, and other debris, weed abatement, and protection of the critical root zone." (accessed 2026-09-09)
- [City of San Jose: Sidewalks & Curb Ramps (owner maintains sidewalk, park strip, curb and gutter)](https://www.sanjoseca.gov/your-government/departments-offices/transportation/streets/sidewalks-curb-ramps) — "As in many cities, San José's Municipal Code, all property owners are responsible for maintaining the sidewalk, park strip area, and curb and gutter adjacent to their property." (accessed 2026-09-09)

_Last verified 2026-09-27. Source: Who Pays the Repair? — https://whopaystherepair.com/rules/san-jose-ca-tree-roots/ — every claim checked against a primary source before publication (see /methodology/)._