Emeryville · Renting & eviction

Renting in Emeryville: the rules that apply

Emeryville has no rent cap of its own, so state law limits rent increases on covered units. The city adds its own eviction causes, relocation pay for no-fault terminations, termination-notice rules and a ban on bad-faith harassment.

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Key points

Rent increases: Emeryville has no rent cap of its own; state law limits increases on covered units to 8.8% from August 1, 2026 through July 31, 2027.
Just cause: Emeryville's eviction causes include unpaid rent after a 3-day notice, lease breach, and owner, parent or child move-in for 2+ years.
Large landlords: For no-fault terminations, Emeryville large landlords pay 5 times HUD's Oakland-Fremont fair market rent or 4 times monthly rent, whichever is greater.
Small landlords: For no-fault terminations, Emeryville small landlords pay 1 month of HUD's Oakland-Fremont fair market rent or 1 month's rent, whichever is greater.
Termination notices: Emeryville termination notices must state the reason, tenant rights and rents charged, with a copy to the City Clerk within 10 calendar days.
Harassment: Emeryville bars bad-faith harassment, such as cutting housing services, threats, or buyout offers more often than once every 6 months.

Each rule below is marked Emeryville code or CA state law and links to the section it comes from (checked October 2026). General information, not legal advice.

Rent increases

CA state law Emeryville has no rule of its own on this, so California law applies. Rent cap right now: 8.8% for increases taking effect August 1, 2026 through July 31, 2027 (5% plus 3.8% inflation) (Civ. Code § 1947.12(a)(1), (g)). California's statewide rent cap — the full state rule →

Eviction and just cause

Emeryville code Emeryville's eviction causes include unpaid rent after a 3-day notice, lease breach, and owner, parent or child move-in for 2+ years.

All 8 Emeryville rules on eviction and just cause, with the code text and the state law underneath →

Relocation payments

Emeryville code What Emeryville's code adds
Amount	5 times HUD's current Oakland-Fremont fair market rent, or 4 times monthly rent at notice, whichever is greater. Applies: Large landlords, for no-fault terminations; split equally among all tenants living there when notice is delivered. § 5-40.04 · code text A large landlord shall pay relocation assistance to the tenant(s), which is equivalent to either five (5) times the most current fair market rents as published annually by the U.S. Department of Housing and Urban Development ("HUD") for the Oakland-Fremont, California HUD Metro FMR Area in the Federal Register, or four (4) times the monthly rent that the tenant(s) is paying at the time the notice of termination is delivered, whichever amount is greater. 1 month of HUD's current Oakland-Fremont fair market rent, or 1 month of rent at notice, whichever is greater. Applies: Small landlords, for no-fault terminations; split equally among all tenants living there when notice is delivered. § 5-40.04 · code text A small landlord shall pay relocation assistance to the tenant(s), which is equivalent to either one (1) month of the most current fair market rents as published annually by the U.S. Department of Housing and Urban Development ("HUD") for the Oakland-Fremont, California HUD Metro FMR Area in the Federal Register, or one (1) month of rent that the tenant(s) is paying at the time the notice of termination is delivered, whichever amount is greater.
Exemptions	No payment when a natural disaster beyond the landlord's control, like an earthquake, fire or flood, caused the termination. Applies: Applies to no-fault terminations. § 5-40.04 · code text unless the cause of the no fault termination was a natural disaster or other naturally occurring phenomenon beyond the control of the landlord, such as an earthquake, fire, or flood.
When it is paid	By the last day of the tenancy that the landlord has received rent for. § 5-40.04 · code text Landlord may pay the relocation assistance to entitled tenants concurrent with or after delivering the notice of termination, but must deliver the relocation assistance to the tenant(s) by the last day of tenancy for which the landlord has received rent.
When relocation is owed	A no-fault termination of a tenancy. Applies: Unless a natural disaster beyond the landlord's control, like an earthquake, fire or flood, caused it. § 5-40.04 · code text When a landlord terminates a tenancy through a no fault termination, the tenant(s) will be entitled to receive relocation assistance, unless the cause of the no fault termination was a natural disaster or other naturally occurring phenomenon beyond the control of the landlord, such as an earthquake, fire, or flood.

CA state law Underneath, California law still applies. No-fault eviction relocation assistance: One month's rent (as relocation payment or rent waiver), paid within 15 calendar days of the notice (Civ. Code § 1946.2(d)(3)(A)). Relocation under California's just-cause law — the full state rule →

Notices

Emeryville code What Emeryville's code adds
Filing a copy with the city	Yes; a copy goes to the City Clerk. Applies: Deliver a true and accurate copy of the termination notice to the City Clerk within 10 calendar days of giving it to the tenant. § 5-40.08 · code text 5-40.08. Landlord Notice of Termination to Tenant and City.
What a notice must say	The reason for ending the tenancy. § 5-40.08 · code text The notice of termination provided to tenants must contain the reason for the termination of tenancy in accordance with Section 5-40.03(e), a notice of tenant rights under Section 5-40.07, and a list of rents charged throughout the tenancy in substantially the same form as provided in subsection (b) of this section. A notice of the tenant's rights. § 5-40.08 · code text The notice of termination provided to tenants must contain the reason for the termination of tenancy in accordance with Section 5-40.03(e), a notice of tenant rights under Section 5-40.07, and a list of rents charged throughout the tenancy in substantially the same form as provided in subsection (b) of this section. A list of the rents charged during the tenancy. § 5-40.08 · code text The notice of termination provided to tenants must contain the reason for the termination of tenancy in accordance with Section 5-40.03(e), a notice of tenant rights under Section 5-40.07, and a list of rents charged throughout the tenancy in substantially the same form as provided in subsection (b) of this section.

CA state law The statewide rule underneath
Notice of a rent increase	At least 30 days' notice for an increase of 10% or less; at least 90 days for an increase of more than 10% Applies: The 10% is measured against the rent charged at any time in the 12 months before the increase, counting all increases in that period together. Civ. Code § 827(b)(2), (b)(3)(A)
Notice to end a month-to-month tenancy (landlord)	60 days' notice; 30 days if the tenant has lived there less than one year Applies: Where the unit is covered by just cause (Civ. Code § 1946.2) or a local ordinance, the notice must also state a qualifying cause. Civ. Code § 1946.1(b), (c)
Notice to end a month-to-month tenancy (tenant)	At least as long as the rental period (one month for a month-to-month tenancy) Civ. Code § 1946.1(b)
30-day notice when the unit is sold to an owner-occupant	30 days' notice when a separately sellable unit is in escrow to a natural person who will live there for at least a year Applies: Notice within 120 days of opening escrow, given once, and all § 1946.1(d) conditions met. Civ. Code § 1946.1(d)
Notice to pay rent or quit	3 days, not counting Saturdays, Sundays and judicial holidays, stating the amount due and how to pay Applies: May be served any time within one year after the rent became due. Code Civ. Proc. § 1161(2)
Notice to cure a lease violation or quit	3 days, not counting Saturdays, Sundays and judicial holidays, to perform the broken lease term or leave Code Civ. Proc. § 1161(3)
No fee for serving notices	A landlord may not charge the tenant a fee for serving or posting a notice Civ. Code § 1946.1(i)

Security deposits

CA state law Emeryville has no rule of its own on this, so California law applies. Security deposit cap: One month's rent, on top of the first month's rent (Civ. Code § 1950.5(c)(1), (c)(6)). Deposit return deadline: 21 calendar days after the tenant moves out, with an itemized statement of any deductions (Civ. Code § 1950.5(h)(1)). California security deposit law — the full state rule →

Retaliation

CA state law Emeryville has no rule of its own on this, so California law applies. Retaliation protection period: For 180 days after a tenant complains about habitability (to the landlord or an agency), the landlord may not evict, raise rent or cut services in retaliation (Civ. Code § 1942.5(a), (b)). Retaliatory eviction in California — the full state rule →

Harassment and lockouts

Emeryville code Emeryville bars bad-faith harassment, such as cutting housing services, threats, or buyout offers more often than once every 6 months.

All 15 Emeryville rules on harassment and lockouts, with the code text and the state law underneath →

Repairs and habitability

CA state law Emeryville has no rule of its own on this, so California law applies. Duty to keep the unit habitable: The landlord must deliver a unit fit to live in and repair conditions that make it untenantable (Civ. Code § 1941). Repair and deduct: A tenant may make a repair the landlord neglects and deduct the cost from rent, up to one month's rent, no more than twice in any 12 months (Civ. Code § 1942(a)). Habitability and repair-and-deduct — the full state rule →

Landlord entry

CA state law Emeryville has no rule of its own on this, so California law applies. Landlord entry notice: Reasonable written notice, presumed to be 24 hours, and entry only during normal business hours (Civ. Code § 1954(d)(1), (e)). Landlord entry notice in California — the full state rule →

Short-term rentals

Emeryville code What Emeryville's code adds
Allowed	Yes, only in single-unit detached houses as an accessory use, with a short-term rental permit. Applies: Hosted or nonhosted. Not in accessory dwelling units or junior accessory dwelling units; other dwellings are not allowed. § 9-5.2103 · code text Short-term rentals are permitted only in single-unit detached houses, and only as an accessory use. All other short-term rental of dwellings and parts of dwellings is prohibited.
Nights per year	No more than 90 calendar days in total per permit term. Applies: Nonhosted rental of an entire single-unit detached house. § 9-5.2104 · code text Nonhosted short-term rental of an entire single-unit detached house is limited to a total of ninety (90) calendar days per permit term.
Permit or registration	Yes. A valid short-term rental permit is required. § 9-5.2102 · code text No person shall establish, operate, or maintain a short-term rental without first obtaining a valid short-term rental permit pursuant to this article.
Primary residence	Yes. The house must be the permit holder's primary, permanent residence. Applies: Applies to all short-term rentals in a single-unit detached house. § 9-5.2104 · code text The house that includes the short-term rental must be the permittee's primary, permanent residence.

Hotel and short-term rental tax

Emeryville code What Emeryville's code adds
Tax rate	12% of the rent. § 3-3.403 · code text For the privilege of occupancy in any hotel, each transient shall be subject to and shall pay a tax in the amount of twelve percent (12%) of the rent charged by the operator.
Who collects it	The operator collects the tax from each guest at the same time as the rent. § 3-3.405 · code text Each operator shall collect the tax imposed by the provisions of this article to the same extent and at the same time as the rent is collected from every transient.

Condo conversions

Emeryville code What Emeryville's code adds
Relocation help	3 months of Alameda County fair market rent for a comparable unit, or of current rent, whichever is larger. Applies: Each tenant of the project; only 1 assistance payment per unit. § 9-6.706 · code text The relocation payment shall be three (3) months' rent based on the current Alameda County "fair market rent" for comparable apartment size, as established by the U.S. Department of Housing and Urban Development or three (3) months of the current rent paid by the tenants, whichever is larger.
Notice to tenants	At least 60 days before a tentative map or parcel map is filed. Applies: Written notice of the intent to convert. § 9-6.706 · code text Each tenant shall be given written notice of the intention to convert at least sixty (60) days prior to the filing of a tentative map or parcel map. 10 days' advance written notice. Applies: Notice that a public report application will be filed, and that the tenant may get a copy on request. § 9-6.706 · code text Each tenant shall be given ten (10) days' advance written notice that an application for a public report will be submitted to the Department of Real Estate and that the tenant may receive a copy of the report upon request. Within 10 days of the approval. Applies: Notice that a final map for the conversion was approved. § 9-6.706 · code text Each tenant shall be given written notice of approval of a final map for the proposed conversion within ten (10) days of the approval. 180 days' advance written notice. Applies: Notice that the tenancy will end because of the conversion or proposed conversion. § 9-6.706 · code text Each tenant shall be given one hundred eighty (180) days' advance written notice of the termination of the tenancy due to the conversion or proposed conversion. The notice ending the tenancy must also state the tenant's right to a relocation payment. § 9-6.706 · code text Written notice of the tenant's right to a relocation assistance payment shall be included in the notice of termination of the tenancy.
Tenants' right to buy	At least 90 days. Applies: The tenant's exclusive right to contract to buy their unit, counted from the date the public report is issued. § 9-6.706 · code text The exclusive right to contract shall run for a period not less than ninety (90) days from the date of issuance of the public report pursuant to California Business and Professions Code Section 11018.2, unless the tenant gives prior written notice of the intention not to exercise the right of exclusive offer.

Who this affects

TenantsLandlordsProperty managers

Frequently asked questions

How much can rent go up in Emeryville?

Emeryville has no rent cap of its own; state law limits increases on covered units to 8.8% from August 1, 2026 through July 31, 2027.

Does an Emeryville landlord have to pay relocation?

For no-fault terminations, Emeryville large landlords pay 5 times HUD's Oakland-Fremont fair market rent or 4 times monthly rent, whichever is greater. For no-fault terminations, Emeryville small landlords pay 1 month of HUD's Oakland-Fremont fair market rent or 1 month's rent, whichever is greater.

How much notice does an Emeryville landlord have to give?

Emeryville termination notices must state the reason, tenant rights and rents charged, with a copy to the City Clerk within 10 calendar days.

How much can an Emeryville landlord charge for a security deposit?

Emeryville has no local rule on this that we found (checked October 2026); state law applies: One month's rent, on top of the first month's rent (Civ. Code § 1950.5(c)(1), (c)(6)).

Can I rent out my home short-term in Emeryville?

Emeryville's code: Yes, only in single-unit detached houses as an accessory use, with a short-term rental permit. (Hosted or nonhosted. Not in accessory dwelling units or junior accessory dwelling units; other dwellings are not allowed.) (§ 9-5.2103); No more than 90 calendar days in total per permit term. (Nonhosted rental of an entire single-unit detached house.) (§ 9-5.2104).

What is the hotel tax on short-term rentals in Emeryville?

Emeryville's code: 12% of the rent. (§ 3-3.403); The operator collects the tax from each guest at the same time as the rent. (§ 3-3.405).

What happens to tenants when an Emeryville building converts to condos?

Emeryville's code: 3 months of Alameda County fair market rent for a comparable unit, or of current rent, whichever is larger. (Each tenant of the project; only 1 assistance payment per unit.) (§ 9-6.706); At least 60 days before a tentative map or parcel map is filed. (Written notice of the intent to convert.) (§ 9-6.706).

General information, not legal advice.

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