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Oakland Tenant Law

Oakland Tenant Law

Oakland Tenant’s Rights Attorneys

Oakland tenants have many of the same tenant’s rights as tenants living in San Francisco. However, there are key differences that Oakland tenants need to be aware of. Oakland has its own Rent Ordinance, Measure EE.

Be sure to consult with an attorney or tenant’s rights advocate to be sure these rules apply to your housing situation.

over

35

years of experience in representing tenants.

What Are My Rights as an Oakland Tenant?

The laws are constantly changing and can be quite complex. Pursuant to the Oakland Ordinance and similar to San Francisco, landlords can only evict tenants living in a rent ordinance protected unit for one of eleven reasons or “just causes.” Before a landlord can evict a tenant they must provide them with a notice and allege one or more “just causes.”

Oakland Rent Adjustment Program (RAP)
Just Causes for Eviction in Oakland

Oakland Rent Adjustment Program (RAP)

The RAP covers all properties utilized for residential rental housing. However, there are several exceptions. These exemptions include but are not limited to:

  1. Units subsidized by federal or local government;
  2. Units built after January 1, 1983;
  3. Single-family homes and condominiums exempt under the Costa Hawkins Rental Housing Act (Cal. Govt. C. §1954.50, et seq.).

Just Causes for Eviction in Oakland

In the City of Oakland, landlords can only evict tenants living in a rent ordinance protected unit for one of eleven reasons or “just causes.” Before a landlord can evict a tenant they must provide them with a notice and allege one or more “just causes. These are as follows:

  • Failure to pay rent;
  • Breach of a material lease term;
  • Refusal/failure to sign a materially similar or identical lease upon expiration of the existing lease;
  • Waste/damage: where a tenant has substantially damaged the unit and refused to stop damaging it or repair;
  • Nuisance;
  • Illegal use;
  • Refusing to allow a landlord access as required by state law;
  • Owner Move-in Eviction* where owner seeks in good faith, without ulterior motive to occupy the unit as their principal residence where he or she has previously occupied the rental unit as his or her principal residence and has the right to recover possession for his or her occupancy as a principal residence under a written rental agreement with the current tenants.”
  • Owner or relative Move-in Eviction*
  • Ellis act eviction*
  • Temporary eviction for substantial repairs*

*Just causes 8, 9, 10, 11 are considered no-fault evictions

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Get In Touch With Us

For more information or to discuss your legal situation, call us today at (415) 649-6203 for a phone consultation or submit an inquiry below. Please note our firm can only assist tenants residing in the Bay Area.

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