Tobener Ravenscroft

Oakland

Updated November 2, 2010

The City of Oakland has a rent increase limitation ordinance and a just cause eviction ordinance.

The eviction protection applies to all rental units in Oakland, except (1) units first offered for lease after October 1980; (2) buildings with three units or less if one unit is owner occupied; (3) owner-occupied units sharing a kitchen or bath with tenants; and (4) other residential housing as delineated in the ordinance.

A landlord can only evict for thirteen reasons:

(1) Non-payment;
(2) Breach of lease;
(3) Nuisance;
(4) Waste;
(5) Refusal to extend prior lease;
(6) Substantial damage;
(7) Disorderly Conduct;
(8) Illegal Purpose;
(9) Denial of Access to Unit;
(10) Landlord seeks to re-occupancy pursuant to agreement;
(11) Owner move-in or relative move-in;
(12) Unit off the market under the Ellis Act; and
(13) Temporary relocation of tenant to make repairs.

The Oakland Rent Adjustment Ordinance applies to all units in Oakland, except (1) new construction after January 1, 1983; (2) two and three unit buildings where the owner lives in one of the units for at least a year; and (3) single family homes and condominiums where the tenant entered into the lease after January 1, 1996.

Under the Oakland Rent Adjustment Ordinance, a landlord can increase the rent annually by the average of the percentage increase in the cost of living adjustment, less the amount calculated as the cost of shelter. The Oakland Rent Adjustment Board calculates and publishes the annual percent increase.

Oakland has vacancy decontrol, meaning that except in limited circumstances, when a unit becomes vacant, the landlord may increase the rent to whatever they wish.

Find out if you are covered by Oakland’s Rent Control.

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