NOTE: This page is in the process of being updated to reflect Measure V, an expansion of Oakland's Just Cause Protections which was passed by voters in the 2022 general election. In the meantime, if you need up to date information on Just Cause for Evictions in Oakland please reach out to OTU by calling or emailing us at 510-704-5276 or help@oaklandtenantsunion.org. 
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​​Oakland is a “Just Cause for Eviction” city. This means that landlords cannot evict a tenant in good standing unless the owner can prove a violation of one of the eleven (11) “just causes” spelled out in the City’s eviction protection law (O.M.C. 8.22.300).  Most Oakland tenants are covered by the “Just Cause for Eviction Ordinance” (also known as Measure EE, which was passed by voters in 2002, and was further strengthened by Measure JJ in 2016. This means you CANNOT be evicted because a new owner bought the building, or the bank foreclosed on the property, or the owner wants to charge more rent, or for any reason not specified in the law.

Covered Units

All rental units in buildings built before 1996 — including rented single-family homes and rented condominium units -- are protected from illegal eviction, with the following exceptions:​

• The owner has removed the building from the rental market under the permitted procedures of the “Ellis Act.”  Tenants in buildings that have been “Ellised” (approved for removal under the Act) are eligible for extended periods of occupancy and for relocation payments (see below).
• An elderly tenant or tenant with “protected status” is being replaced by the owner or owner’s close relative who also qualifies for “protective status.”
• The building or unit was “red-tagged” by City Building or Fire officials and is required to be vacated.  Tenants in such buildings are eligible for relocation payments, and have the right to return at their same basic rent if the building is returned to the rental market.
• The owner initiates major repairs or remodeling that cannot be done unless the unit is vacant.  Tenants in such buildings are eligible for relocation payments, and have the right to return at their same basic rent when the building is returned to the rental market.
• You live in the same unit as the owner and regularly share the use of a kitchen or bathroom.

​JUST CAUSES FOR EVICTION

1. The tenant has not paid their rent
2. The tenant has continued to violate a provision of the lease after written notice to stop.
3. The tenant refused to sign a new lease that is identical to the old one (when the old one expires.)
4. The tenant has substantially damaged the unit and refused to stop damaging it or pay for repairs after written notice.
5. The tenant has continued to disturb other tenants and neighbors after written notice to stop.
6. The tenant uses the unit for for something illegal (like selling drugs).
7. The tenant will not let the owner into the apartment, even with a 24 hours’ written notice.
8. The owner wants to move back into the unit, if allowed by a written agreement with the tenant or it is allowed by the lease.
9. The owner or family member wish to move into the unit, unless the tenant is over 60 years old, disabled, or catastrophically ill, and has lived in the unit for at least 5 years.
10. The owner wants to remove the unit from the market through the Ellis act.
11. The owner wants to perform substantial upgrades to the unit which cannot be completed with the tenant living there.

​​RELOCATION PAYMENTS FOR NO-FAULT EVICTIONS

In situations listed above where eviction or vacation of the unit is required—either temporary or permanent—and where the vacation of the unit is not due to the fault of the tenant, the tenant is eligible for relocation payments from the owner as set forth in O.M.C. 8.22.450(A) for no fault evictions:

​EVICTION RESOURCES

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In addition to the stipulated relocation payments, vacated tenants may also collect amounts on deposit, including prepaid last month’s rent, as well as deposits for security damages, and pet deposits.  
 
In event that the owner does not or is unable to make the required relocation payments to the tenant, the tenant may file a request under O.M.C. Chapter 15.60 with the Real Estate officer to be paid instead by the city.  The City will then apply available legal means to mandate reimbursement from the owner. The tenant may also file a complaint with the City Attorney who is authorized to bring civil action against owners who violate this Chapter.

​​Tenants who experience difficulty with owners concerning their rights under the Just Cause Eviction Ordinance may bring civil action in court on their own, but are advised to first seek assistance from these city-financed services:

• Causa Justa :: Just Cause: (510) 763-5877
• Centro Legal de la Raza: (510) 437-1554
• East Bay Community Law Center: (510) 548-4040

If you have received a Notice of Unlawful Detainer you can contact the Eviction Defense Center for help in responding. 

​More information on Oakland eviction protections here.