Berkeley vs Oakland
How do no-fault evictions rules compare between Berkeley, CA and Oakland, CA?
Berkeley and Oakland have similar restriction levels.
Berkeley, CA
Alameda County
Berkeley's Just Cause Eviction Ordinance, among the nation's earliest, restricts no-fault evictions to owner move-in, Ellis Act withdrawal, substantial rehabilitation, or government order, each with relocation duties.
View full Berkeley rules βOakland, CA
Alameda County
Oakland's Just Cause for Eviction Ordinance, enacted in 1980 as the first such ordinance in the United States, recognizes a closed list of no-fault grounds including owner move-in, Ellis Act withdrawal, substantial repairs, and condo conversion.
View full Oakland rules βKey Facts Comparison
| Fact | Berkeley | Oakland |
|---|---|---|
| Adopted | 1980 | - |
| Code | BMC 13.76 | - |
| OMI occupancy | 36 months | - |
| Ellis market exit | Five years | - |
| Ordinance year | - | 1980, first US |
| Notice | - | Specific form per ground |
| Relocation | - | Required for all no-fault |
| Filing | - | RAP record required |
Highlighted rows indicate differences between cities.
Berkeley FAQ
Can I evict to renovate?
Only if work requires the unit to be vacant for 30 plus days, you have city-approved plans, and you serve the tenant a right of first refusal at the prior rent.
How does AB 1482 interact?
Berkeley's stronger no-fault standards prevail because AB 1482 is a statewide floor that expressly preserves stricter local just-cause protections.
Oakland FAQ
Is owner move-in valid for any unit?
Owner move-in must be in good faith for the owner or close relative as a primary residence, with proper notice and relocation payment. Pretextual move-ins return rights to the displaced tenant.
What is the Ellis Act?
A California statute allowing landlords to exit the rental business by withdrawing all units. It triggers Oakland's strongest tenant protections, including extended notice and large relocation payments under RAP rules.
Compare other topics
See how Berkeley and Oakland compare on other ordinance categories.
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