Understanding Evictions in Oakland

This page provides important information about the city's eviction laws, including the requirement for a specified cause for eviction ("Just Cause") when ending a tenancy. This requirement ensures that landlords can only evict tenants for specific, legal reasons, such as non-payment of rent or property damage.

Attention: Evictions can be complicated. If you receive an Eviction Notice or are contemplating serving an Eviction Notice on your tenant, you are invited to call a RAP housing counselor right away at (510) 238-3721.

December 2024 Rent and Just Cause Ordinance Amendments

As of December 2024,

  1. Evictions for owner move in or substantial repairs (collectively, “No Fault Evictions”) are not allowed for property owners who are delinquent on their business taxes.
  2. Property owners must provide the following to tenants with any notice regarding a No Fault Eviction: (1) a copy of the owner’s current Business Tax Certificate and (2) a statement informing tenants of the limitations on evictions for owners delinquent on business taxes. 

     

You can find a summary of the legislation on our page: Learn More About Allowable Rent Increases.

Just Cause is Required for Eviction (Oakland Municipal Code, Section 8.22.300)

In Oakland, a property owner can only terminate a tenancy or evict a tenant for Just Cause. A notice to terminate or evict (Eviction Notice) must specify one of the following ten Just Causes:

  1. Failure to pay rent. The rent owed must be no less than one month of fair market rent as determined by HUD for a rental unit of equivalent size in the Oakland metro area. (For HUD Fair Market Rent information, please visit HUD's website at https://www.huduser.gov/portal/pdrdatas_landing.html)

  2. Material violation of rental agreement after written notice to stop.

  3. Causing substantial damage to the unit.

  4. Tenant continues to disturb the peace and quiet enjoyment of other tenants after written notice to stop.

  5. Engaging in unlawful activity on the premises.

  6. Refusing to allow property owner access to make repairs, after receiving proper written notice.

  7. The unit is the property owner's principal residence and the property owner wants to move back into the unit, as provided in a rental agreement with the current tenants.

  8. Property owner wants to use the rental unit as a principal residence for property owner of record or owner's spouse, domestic partner, child, parent or grandparent.

  9. Property owner withdraws unit from the rental market under state law (Ellis Act).

  10. Property owner seeks to make substantial repairs that cannot be made while the unit is occupied, and which affect the health and safety of tenants in the building.

Read more here: Regulations & Guidelines for the Just Cause for Eviction Ordinance(PDF, 249KB)

Note: The expiration of a rental agreement, the sale of a property (including transfers due to foreclosure), conversion to condominium, or changes in the federal Section 8 status of a unit are not Just Causes for eviction under Oakland law.

The Eviction Notice is the first step in an eviction action. To succeed, a property owner must provide the tenant with the correct legal notice. Otherwise a tenant may have grounds to challenge the notice and the subsequent eviction action.

All Eviction Notices must include grounds for eviction, and a statement that advice regarding eviction is available from RAP. Specific language is found in the Just Cause Regulations. A copy of every Eviction Notice must be filed with the Rent Adjustment Program within 10 days after it is served on the tenant. A property owner's failure to file this notice is a defense to any resulting unlawful detainer action. RAP keeps these notices for one (1) year.

Measure V - Just Cause Amendment

On November 8, 2022, Oakland voters passed Measure V to amend the Just Cause for Eviction Ordinance.

What Did Measure V Change?

1. Expanded the Just Cause for Eviction Ordinance to apply to all residential rental units built after December 31, 1995, with the exception of ground-up new construction units that have received a Certificate of Occupancy within the past 10 years.

Previously, the Just Cause Ordinance did not apply to units built after December 31, 1995. Measure V amended the law to require that owners of units built after 1995 cite a "Just Cause" to evict a tenant. Also, the new law requires that owners of rented Vehicular Residential Facilities (VRFs), such as recreational vehicles and tiny homes on wheels, cite a Just Cause to evict their tenants. This requirement applies if the VRF occupant is renting both the VRF and the space where it is located or is renting just the space where the VRF is located.

The exception to this requirement is ground-up new construction units that received a Certificate of Occupancy within the past 10 years, on a rolling basis. The exemption does not apply to units that were created as a result of rehabilitation, improvement or conversion of existing commercial or residential rental space. Also, this exemption is not permanent, as it applies only to units built within the past 10 years.

This change in the law applies to units that were previously exempt.

2. Prohibited No Fault Evictions during the school year, if the household includes school-age children or educators employed by the Oakland Unified School District.

Property Owners who wish to evict a tenant pursuant to a No Fault Eviction, cannot provide for the notice to quit expire during the regular school year as observed by Oakland Unified School District if the household includes minor children enrolled in school, or educators employed by Oakland Unified School District.

3. Removed failure to sign a new lease as a ground for eviction.

Prior to the passage of Measure V, owners could evict a tenant if the tenant refused to sign a lease renewal with substantially identical terms as the current, expiring lease. Measure V removed this reason from the list of Just Causes. This means that, while an owner can ask a tenant to sign a new lease that is substantially identical to the old lease, the owner cannot evict the tenant if the tenant refuses to sign.

When Did Measure V Go Into Effect?

Measure V became effective on December 30, 2022.

Measure Y - Just Cause Amendment

On November 6, 2018, Oakland voters passed Measure Y to amend the Just Cause for Eviction Ordinance.

What Did Measure Y change?

1. Removed the exemption for owner-occupied duplexes and triplexes

Previously, the Just Cause Ordinance did not apply to owner-occupied duplexes or triplexes if the occupying owner had at least a one-third interest in the property. Measure Y amended the law to cover such units. This change in the law requires that landlords in owner-occupied duplexes and triplexes have Just Cause to evict tenants and comply with relocation requirements when they evict for No Fault Evictions, unless some other exemption applies.

2. Gave City Council authority to add eviction requirements

Because the Oakland voters adopted the Just Cause for Eviction Ordinance, they must approve any change to the Ordinance. Measure Y allows the City Council, without returning to the voters, to amend the Ordinance to add additional limitations on a landlord's right to evict, e.g., mandating compliance with certain rules and standards, such as, but not limited to, providing a proper notice.

When did Measure Y go into effect?

Measure Y became effective on December 21, 2018.

Which residential units are covered by the Just Cause Ordinance?

The types of dwellings that are covered and have eviction protections are as follows:

  • Most Apartments*
  • Most Condos*
  • Owner-occupied Duplex and Triplex Complexes
  • Single Room Occupancy hotels (SRO)
  • Section 8 Voucher/Subsidized Housing
  • Single Family Homes

*If you are unsure of whether or not your unit is covered under the Just Cause Ordinance, please contact a RAP Housing Counselor.

Info Sheets

Just Cause and Rent Control Coverage Flyer

Just Cause is Required for Eviction

Measure Y - Just Cause Amendment

About the Rent Adjustment Program

The Oakland City Council adopted the Rent Adjustment Program Ordinance (OMC Chapter 8.22) in 1980. This ordinance sets the maximum annual rent increase based on the annual CPI increase and handles rent adjustments for claims of decreases in housing services and handles other rent-related matters. The purpose of this program is to foster fair housing for a diverse population of renters and enforce the Rent Adjustment Ordinance set out by the City of Oakland.

Contact Us

Please read the information below carefully to find the best way to contact us.

By Phone

  • Phone: (510) 238-3721
  • Fax: (510) 238-6181

RAP's Housing Counselors are available from Monday to Thursday, 9:30am to 4:30pm to answer RAP or housing-related questions such as questions related to: tenant and property owner issues and concerns, Oakland rental housing laws, or how to file a petition with RAP.

By Email

If you would prefer an email response from a housing counselor, you can email us at RAP@oaklandca.gov. RAP strives to return all emails within a twenty-four-hour timeframe.

If you have Hearings Unit-related issues or questions related to your pending case, you must contact your Case Analyst directly. If you do not know who your Case Analyst is, you can email hearingsunit@oaklandca.gov to find that information.

All eviction notices should be scanned and submitted via email to evictionnotices@oaklandca.gov.

Petition Review/Filing: You have the option to schedule an appointment for review of your petition before filing. To schedule an appointment for review email rap@oaklandca.gov. If you do not want your petition reviewed and want to file, please submit your petition to hearingsunit@oaklandca.gov. 

By Mail

Rent Adjustment Program
250 Frank H. Ogawa Plaza, Suite 5313
Oakland, CA 94612

All new petitions and petition-related documents can be submitted by mail to the address above.

All documents for Ellis Act cases must be mailed to:

Rent Adjustment Program
250 Frank H. Ogawa Plaza, Suite 5313
Oakland, CA 94612

Online Petition Filing

We also offer an online portal where you can submit your petitions and all petition-related forms online.

Request a Form

General forms can be found on our website, find property owner forms and tenant forms. If you cannot find the RAP form that you are looking for, you can email the Rent Adjustment Program at RAP@oaklandca.gov to obtain it.

To request documents related to a case, you can either complete the Request for Copies(PDF, 51KB) form and email it to rap@oaklandca.gov or make a Public Records Request (PRR) online. Please note that all PRRs are considered public information. You can also look up information related to cases through the RAP database.

Join the Email List

If you would like to receive emails about upcoming events or updates from the Rent Adjustment Program, please sign up! Please use the link below to add your name and email to our list for future updates.

Join the RAP email list

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