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Oakland, CA Rental Property Rules: Just Cause Eviction (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Just cause eviction rules in Oakland, CA, sometimes called tenant protection or "for cause" eviction ordinances, list the specific legal reasons a landlord can end a tenancy.

Key Facts

Just-cause grounds
11 required grounds, OMC § 8.22.360(A)
Nonpayment ground
Requires 3-day pay-or-quit notice first
Owner move-in
Occupy within 3 months, stay 36 months
Notice filing
Filed with Rent Board within 10 days
Wrongful eviction
Treble damages plus attorney's fees available
Origin
Measure EE (2002), OMC Chapter 8.22, Article II

Summary

Oakland's Just Cause for Eviction Ordinance, Measure EE, bars a landlord from terminating a tenancy or recovering possession of most rental units unless the landlord can prove one of eleven specific grounds, from unpaid rent to an owner's good-faith move-in. Municipal Code Section 8.22.360 puts the burden of proving a qualifying ground on the landlord in every case.

A.No landlord shall endeavor to recover possession, issue a notice terminating tenancy, or recover possession of a rental unit in the City of Oakland unless the landlord is able to prove the existence of one (1) of the following grounds:1.The tenant has failed to pay rent to which the landlord is legally entitled pursuant to the lease or rental agreement and under provisions of State or local law, and said failure has continued after service on the tenant of a written notice correctly stating the amount of rent then due and requiring its payment within a period, stated in the notice, of not less than three (3) days.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 102 | Planning Code: Supplement 59).

Full Breakdown

22, Article II. 360(A) lists eleven grounds a landlord must prove before serving a termination notice, including nonpayment of rent after a three-day cure notice, a lease violation the tenant fails to cure within 14 days, willful property damage, illegal use of the unit, owner or qualifying relative move-in, Ellis Act withdrawal from the rental market, and substantial repairs that cannot be done with the unit occupied. Owner move-in evictions carry extra protections: the owner must occupy within three months and stay at least 36 months, cannot be used more than once per unit in that window, and cannot displace a tenant of five or more years who is 60 or older, disabled, or catastrophically ill unless the incoming relative shares that same status.

350 exempts certain units, including owner-occupied properties where the owner shares a kitchen or bath with the tenant, hospitals and skilled nursing facilities, and transitional housing capped at 24 months. Every termination notice must state the specific ground relied on and be filed with the Rent Board within ten days of service; the Rent Board indexes notices by address and landlord name and makes them available for public inspection. A landlord's failure to plead and prove a qualifying ground, or to comply with the notice-filing and relocation-payment requirements of the chapter, is an affirmative defense in any unlawful detainer action.

Violations & Fines

An eviction filed without a valid ground, or without filing the termination notice with the Rent Board within ten days of service, is a defense the tenant can raise directly in the unlawful detainer action. Section 8.22.370 also lets a tenant sue for actual and punitive damages, costs, and attorney's fees, and where a landlord wrongfully recovers possession the court can award at least three times actual damages plus injunctive relief. The City Attorney may separately sue landlords to enforce the ordinance.

Frequently Asked Questions

What grounds let an Oakland landlord evict a tenant?
Section 8.22.360(A) lists eleven grounds, including nonpayment of rent after a three-day notice, an uncured lease violation, willful damage, illegal use of the unit, owner or qualifying relative move-in, Ellis Act withdrawal, and repairs that cannot be done with the unit occupied. The landlord bears the burden of proving one of these grounds applies.
Can my landlord evict me to move in a relative?
Only under Section 8.22.360(A)(9), and only for the owner's spouse, domestic partner, child, parent, or grandparent. The owner must move in within three months and stay at least 36 months, and cannot use this ground against a tenant of five or more years who is 60 or older, disabled, or catastrophically ill unless the relative shares that status.
What happens if my landlord evicts me without a valid reason?
You can raise the missing ground as a defense in the unlawful detainer case, and under Section 8.22.370 you can also sue for actual and punitive damages, costs, and attorney's fees. Where the eviction was wrongful, a court can award at least three times your actual damages plus injunctive relief.

Sources & Official References

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Just Cause Eviction in Nearby Cities

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