Oakland Just Cause for Eviction Ordinance

Like San Francisco, Oakland has laws that regulate rents and protect tenants from eviction without just cause. Under Oakland’s Just Cause for Eviction Ordinance, landlords must have good cause to evict a tenant. There are eleven enumerated grounds under which a landlord may lawfully evict a tenant covered by the Ordinance.

Is my apartment covered by the Oakland Just Cause for Eviction Ordinance?

The Oakland Just Cause for Eviction Ordinance applies to all residential rental units in Oakland where the landlord tries to evict a tenant after 2003.

However, there are various exceptions to the Just Cause for Eviction Ordinance. The following residential units are not covered by the Ordinance:

1. Rental units in hospitals, skilled nursing facilities, or health facilities.
2. Rental units in nonprofit facilities whose primary purpose is to provide short term treatment, assistance, or therapy for substance abuse where the housing is part of the recovery program, and the client has been informed in writing of the temporary or transitional nature of the housing at the outset.
3. Rental units in nonprofit facilities that provide a structured living environment whose primary purpose is to help homeless persons obtain skills necessary for independent living where occupancy is restricted to a limited and specific period of time of not more than twenty-four (24) months and where the client has been informed in writing of the temporary or transitional nature of the house at the outset.
4. Rental units in residential properties where the owner occupies a unit in the same property as his or her principal residence and regularly shares in the use of kitchen or bath facilities with the tenants of such rental units. The term “owner” does not include any person who claims a homeowner’s property tax exemption on any other real property in California.
5. Rental units in residential properties that are divided into a maximum of three units, one of which is occupied by the owner as his or her principal residence. The term “owner” does not include any person who claims a homeowner’s property tax exemption on any other real property in California.
6. Rental units that are held in trust on behalf of a developmentally disabled individual who permanently occupies the unit, or a unit that is permanently occupied by a developmentally disabled parent, sibling, child, or grandparent of the owner of that unit.
7. Newly constructed rental units which are completed and offered for rent for the first time after January 1, 1983 (the effective date of the initial Oakland Residential Rent, Relocation, and Arbitration Ordinance) provided that such new units were not created as a result of rehabilitation, improvement or conversion as opposed to new construction. (Ord. 12537 § 1 (part), 2003).

Does my landlord have “Just Cause” to evict me under Oakland’s Just Cause for Eviction Ordinance?

Under Oakland’s Just Cause for Eviction Ordinance, a landlord may only evict a tenant whose tenancy is covered by the Ordinance for one or more of the following reasons:

1. Failing to pay rent;
2. Substantially violating a material term of the lease;
3. Failing to sign a lease extension that is materially the same as the previous lease;
4. Willfully causing substantial damage to the premises;
5. Engaging in disorderly conduct that destroys the peace and quiet of other tenants;
6. Using the premises for an illegal purpose;
7. Continuing to deny the landlord access to the unit as required by state law;
8. Owner Move-In Eviction** (“The owner seeks in good faith, without ulterior reasons and with honest intent, to recover possession of the rental unit for his or her occupancy as a 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. Relative Move-In Eviction** (“The owner of record seeks in good faith, without ulterior reasons and with honest intent, to recover possession for his or her own use and occupancy as his or her principal residence, or for the use and occupancy as a principal residence by the owner of record’s spouse, domestic partner, child, parent, or grandparent.”);
10. Temporary Relocation Eviction** (for three months to perform substantial repairs); and
11. Ellis Act Eviction** (The owner of record seeks to permanently remove the unit from the rental market).

**Just Cause numbers 8, 9, 10, and 11 are frequently referred to as “No-Fault Evictions” because the grounds upon which the landlord is basing the eviction is not the result of any bad conduct by the tenant. No-Fault Evictions have special procedural requirements, exceptions, and, in some cases, landlords must pay relocation expenses to the tenant(s).

To view the Oakland Just Cause for Eviction Ordinance, click this link: http://www2.oaklandnet.com/oakca1/groups/ceda/documents/policy/dowd008116.pdf

 

  • Sunday, 05 April 2015