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Oakland, CA Rental Property Rules: No-Fault Evictions (2026)

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

Key Facts

Ordinance year
1980, first US
Notice
Specific form per ground
Relocation
Required for all no-fault
Filing
RAP record required

Summary

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.

(2) No-fault just cause, which means any of the following: (A) (i) Intent to occupy the residential real property by the owner or the owner's spouse, domestic partner, children, grandchildren, parents, or grandparents for a minimum of 12 continuous months as that person's primary residence. (v) Clause (i) applies only if the intended occupant moves into the rental unit within 90 days after the tenant vacates and occupies the rental unit as a primary residence for at least 12 consecutive months. (B) Withdrawal of the residential real property from the rental market.

Source: Oakland Rent Adjustment ProgramView official code

Full Breakdown

Oakland's 1980 Just Cause Ordinance predates similar San Francisco protections and remains a model for tenant security. No-fault grounds include owner or relative move-in, Ellis Act withdrawal of all units from the rental market, substantial repairs requiring vacancy, condominium conversion, and government-ordered vacate. Each ground requires a specific notice form, relocation payment under the Uniform Relocation Ordinance, and Rent Adjustment Program filing. Pretextual or improperly noticed no-fault evictions are defenses to unlawful detainer and may produce tenant damage awards plus attorney fees.

Violations & Fines

Filing an unlawful detainer without proper no-fault notice, RAP filing, or relocation payment is a complete defense and exposes the landlord to substantial damages.

Frequently Asked Questions

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.

Sources & Official References

Other rules in Oakland

All Oakland rules

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No-Fault Evictions in Nearby Cities

How other cities in Alameda County handle no-fault evictions.

Berkeley, CA
Heavy Restrictions