Oakland

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.  The laws are constantly changing and can be quite complex.  Be sure to consult with an attorney or tenant’s rights advocate to be sure these rules apply to your housing situation.

Oakland Rent Adjustment Ordinance (RAP)

The RAP covers all properties utlized 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 condominium 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:

  1. Failure to pay rent;
  2. Breach of a material lease term;
  3. Refusal / failure to sign a materially similar or identical lease upon expiration of the existing lease;
  4. Waste / damage: where a tenant has substantially damaged the unit and refused to stop damaging it or repair;
  5. Nuisance;
  6. Illegal use;
  7. Refusing to allow a landlord access as required by state law;
  8. 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.”
  9. Owner or relative Move in Eviction*
  10. Ellis act eviction*
  11. Temporary eviction for substantial repairs*

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

 

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