The County of Alameda has strict laws in place that protect tenants from unjust evictions without a just cause and provides mediation services to tenants who receive large rent increases.
What areas does the County of Alameda Rental Housing Dispute Resolution Process and Just Cause for Eviction Ordinances apply to?
The ordinances only apply to unincorporated areas of the county. Alameda Cnty, Cal. Mun. Code § 3.68.010.
COUNTY OF ALAMEDA RENTAL HOUSING DISPUTE RESOLUTION PROCESS
Does the County of Alameda have a rent control ordinance that limits rent increases?
No. While the County of Alameda does not limit rent increases, it does offer mediation services for certain rent increases to all residential unit located in unincorporated Alameda County that are not owned or operated by a government agency. Alameda Cnty, Cal. Mun. Code § 3.68.020.
Landlords are required to provide tenants with a notice that has information on the program and how to request mediation. Alameda Cnty, Cal. Mun. Code § 3.68.040. Tenants may request mediation where the proposed rent increase is more than 5% or the rent increase is the second one in a twelve-month period. Alameda Cnty, Cal. Mun. Code § 3.68.060.
Does my tenancy fall under the State of California Tenant Protection Act of 2019 for rent increase limitations?
The rent caps under the California Tenant Protection Act of 2019 (“California Rent Control”) apply to all units in the unincorporated areas of the County of Alameda that meet the requirements of state rent control protection. Please read our guide to determine if your unit is covered by California Rent Control.
Is participation in the County of Alameda Rental Housing Dispute Resolution Process mandatory for the landlord when the tenant requests a review of a rent increase?
Good-faith participation by the landlord is mandatory. Alameda Cnty, Cal. Mun. Code § 3.68.070(D)(2). The rent increase will be invalid if the landlord refuses to participate. Id.
COUNTY OF ALAMEDA JUST CAUSE FOR EVICTION ORDINANCE
Can a tenant waive their rights under the County of Alameda Just Cause for Eviction Ordinance?
No. Any provision in a lease, contract, or other agreement that attempts to waive or limits the substantive or procedural rights created by the ordinance is void and unenforceable. Alameda Cnty, Cal. Mun. Code § 3.70.130.
What units are covered by the County of Alameda Just Cause for Eviction Ordinance?
All units in unincorporated areas of the county where a tenant has lived in the unit for at least twelve months have just-cause for eviction protections. Alameda Cnty, Cal. Mun. Code § 3.70.050. If an additional adult is added to the unit before the existing tenant has lived there for twelve months at least one tenant must have lived in the unit for twenty-four months. Id.
The following units are exempt from the ordinance:
- Most Single-family homes, condominiums, and townhomes where the owner is not a real estate investment trust, a corporation, or an LLC with at least one corporate member, and the owner has timely disclosed that the property is exempt.
- Owner-occupied duplexes where the owner lived on the property at the start of the tenancy.
- Owner-occupied housing where a tenant shares a kitchen or bathroom with the owner.
- Short-term lodging such as hotels, motels, and boarding houses.
- State-licensed medical or care institutions.
- Affordable housing units subject to deed restrictions and government affordability agreements. Alameda Cnty, Cal. Mun. Code § 3.70.040.
When does a single-family home fall under the County of Alameda Just Cause for Eviction Ordinance?
A single-family home is not exempt if landlord owns five or more rental units in the unincorporated areas of Alameda County. Id.
Does my tenancy fall under the State of California Tenant Protection Act of 2019 or the County of Alameda Just Cause Eviction Ordinance?
The just-cause protections under the California Tenant Protection Act of 2019 (“California Rent Control”) apply to all units in the unincorporated areas of the county that are not covered by the County of Alameda Just Cause Eviction Ordinance and that otherwise meet the requirements of state eviction protection. If your unincorporated county unit is one of the exempt buildings under the county’s ordinance, please read our guide to determine if your unit is covered by California Rent Control.
What are the just-cause reasons for eviction under the County of Alameda Just Cause for Eviction Ordinance?
A landlord can only evict a tenant for an at-fault or no-fault just cause reason.
At-fault reasons for eviction are the following:
- Failure to pay rent.
- Failure to cure a material violation of the lease after receiving written notice.
- Maintaining a nuisance, causing damage, failure to remediate unsanitary conditions, or using the premises illegally.
- Committing waste.
- Refusing to sign a substantially similar lease renewal.
- Criminal activity, including a threat of a crime.
- Improper subletting or assignment.
- Refusal to permit landlord access to the unit.
- Failure to vacate after termination as property or resident manager.
- Failure to vacate after providing notice of intent to vacate. Alameda Cnty, Cal. Mun. Code § 3.70.060.
No-fault reasons for eviction are the following:
- Owner plans to move in or plans to move their spouse, domestic partner, child, grandchild, parent, or grandparent into the unit.
- Intent to remove the residential real property from the rental market pursuant to the Ellis Act.
- Compliance with a government order to vacate.
- Compliance with a government order relating to habitability that necessitates vacating the residential real property.
- Compliance with a local ordinance that necessitates vacating.
- Intent to demolish or substantially remodel the residential real property. Id.
What is a withdrawal from the rental market under the County of Alameda Just Cause for Eviction Ordinance?
The Ellis Act (Government Code Sections 7060, et seq.) governs a landlord’s withdrawal of rental units from the rental market. Alameda Cnty, Cal. Mun. Code § 3.70.090.
Does a tenant have the right to re-rent the unit after a no-fault eviction for owner move-in or substantial remodel under the County of Alameda Just Cause for Eviction Ordinance?
If a tenant is displaced because the owner intends to move into the unit or perform a substantial remodel, and the rental unit is offered for rent again within one year, the displaced tenant must be given the first opportunity to re-rent the unit. Alameda Cnty, Cal. Mun. Code § 3.70.100(A).
What tenants are entitled to more than sixty days’ notice for a no-fault eviction under the County of Alameda Just Cause for Eviction Ordinance?
A household that has a tenant who is 62 years old or older, disabled, or low-income, or has a child under the age of 18, the landlord is required to provide a ninety-day notice for a no-fault just cause termination, unless state law requires a longer period of time. Alameda Cnty, Cal. Mun. Code § 3.70.080(C).
Are landlords required to pay relocation assistance to tenants who receive a no-fault eviction notice under the County of Alameda Just Cause for Eviction Ordinance?
Landlords must pay a one-time relocation assistance payment of two month’s rent for a no-fault eviction. Alameda Cnty, Cal. Mun. Code § 3.70.070. The landlord can choose to waive two month’s rent instead of a direct payment to the tenant. Id. The relocation amount cannot be more than $10,000.00, unless that amount is less than one month of current rent. Id. A landlord is not required to pay subsequent relocation payments for the same unit within 180 days of the notice. Id.
Does the County of Alameda Just Cause for Eviction Ordinance protect tenants against landlord retaliation?
A landlord may not retaliate against a tenant for exercising their right to file a complaint with the County regarding a building, housing, nuisance code or ordinance violation, or permit violation that may exist on the property. Alameda Cnty, Cal. Mun. Code § 3.70.100(B). Retaliation can include evicting the tenant, increasing rent, decreasing services, improperly depriving the tenant of use of the premise, or otherwise interfering with the tenants’ rights under the lease. Id. A claim of retaliatory eviction may be raised as an affirmative defense in an unlawful detainer action. Id.
Do elderly tenants have additional protections under the County of Alameda Just Cause for Eviction Ordinance?
A landlord may not refuse to rent, lease, or otherwise deny or withhold any rental unit from a prospective elderly tenant on the basis that the tenant would acquire protections under the Alameda County Just Cause for Eviction Ordinance due to their age. Alameda Cnty, Cal. Mun. Code § 3.70.100(C).
PENALTIES FOR A LANDLORD WHO VIOLATES THE LAW
Can a tenant sue for wrongful eviction under the Alameda County Just Cause for Eviction Ordinance?
A tenant who has been wrongfully evicted may sue their landlord for their damages. Alameda Cnty, Cal. Mun. Code § 3.70.110. A tenant will be entitled to their actual damages and, at the court’s discretion, reasonable atty fees and costs. Alameda Cnty, Cal. Mun. Code § 3.70.120. If the landlord acted willfully, or with oppression, fraud or malice, the tenant’s actual damages will be tripled. Id. T can also seek punitive damages. Id.
WHEN SHOULD I CALL A TENANT RIGHTS LAWYER?
Tenants should call Tobener Ravenscroft LLP at (415) 504-2165 to speak with a tenant attorney if they have any questions about their local laws or if they believe their landlord has violated the Unincorporated County of Alameda ordinances.
