California evictions run through the unlawful detainer process. Under Code of Civil Procedure § 1161, nonpayment requires a 3-day notice to pay rent or quit (excluding weekends and holidays), and lease violations require a 3-day notice to cure or quit. No-fault terminations of covered tenancies require 30, 60, or 90 days. Self-help lockouts are illegal.
A landlord cannot remove a tenant without a court judgment. Code of Civil Procedure § 1161(2) requires "three days' notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment" for unpaid rent, and § 1161(3) requires a 3-day notice to perform a lease covenant or quit for curable breaches. The pay-or-quit notice must state the amount due and how to pay. After the notice expires without compliance, the landlord files an unlawful detainer; the tenant generally has five days to respond, and a contested case goes to trial. For AB 1482 covered units, no-fault just-cause terminations require 30, 60, or 90 days' notice depending on the ground.
Only a sheriff may carry out a lockout after a judgment. A landlord who locks out a tenant, removes belongings, or cuts utilities is liable under Civ. Code § 789.3 for actual damages plus $100 per day (minimum $250).
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Oakland, CA
Oakland prohibits tobacco and vape sales to anyone under 21 under federal T21 and CA STAKE Act. Oakland Municipal Code §5.91 requires a Tobacco Retailer Perm...
Oakland, CA
OMC Chapter 8.18 authorizes Oakland Police to declare a loud and unruly gathering, requiring dispersal and allowing the City to bill the property owner and h...
Oakland, CA
OMC Chapter 9.04 prohibits open containers of alcohol and consumption of alcoholic beverages in public streets, parks, and parking lots, with exceptions for ...
Oakland, CA
California Health and Safety Code 11362.3 prohibits cannabis smoking or vaping in public places and where tobacco smoking is banned. Oakland aligns under OMC...
Oakland, CA
OMC Chapter 8.30 prohibits smoking in city parks, public outdoor dining areas, transit waiting areas, service lines, and within 25 feet of building entrances...
Oakland, CA
Oakland prohibits commercial auto repair, body work, and mechanical service businesses in residential zones under OMC Title 17. Home occupations may not incl...
See how Oakland's eviction notice & process rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.