Oakland's Moratorium on Residential and Commercial Evictions

Date Posted: April 1st, 2020 @ 2:08 PM
Last Updated: September 30th, 2021 @ 10:30 AM


On July 21, 2020, Oakland City Council amended the Ordinances on eviction commercial and residential moratoriums to conform to the Local Emergency and the Governor’s Executive Order.

  1. The residential eviction defense to non-payment of rent due to COVID-19 will expire at the end of the Local Emergency as declared by Oakland City Council.
  2. The commercial eviction defense to non-payment of rent due to COVID-19 will conform with the Governor’s Executive Order (currently set to expire on September 30, 2021). This does not impact Oakland's residential eviction moratorium.

The eviction moratorium covers residential renters, nonprofit organization renters, and small business renters (generally those with fewer than 100 employees).

This ordinance extends the eviction moratorium that was originally adopted by City Council on Friday, March 27, 2020.

The extended moratorium will prohibit most evictions, effective immediately and continuing through the end of the Local Emergency. Additionally, the moratorium prohibits residential rent increases above 2.7% (the Consumer Price Index, or CPI) and prohibits any late fees related to COVID-19 issues in residential units. Unpaid rent will still be due, and the moratorium does not relieve tenants of the obligation to pay unpaid back rent in the future.

The full text of the March 27th ordinance is available at: https://bit.ly/2UQl52b, The full text of the May 19th ordinance will be posted shortly.

Residential tenants and property owners may contact the Rent Adjustment Program for questions by calling (510) 238-3721 or sending e-mail to RAP@oaklandca.gov. Rent Adjustment Program information is also online at https://www.oaklandca.gov/topics/rent-adjustment-program.

Commercial tenants and property owners can find resources here