Hayward · Renting & eviction

Renting in Hayward: the rules that apply

Hayward caps rent increases on covered units, requires just cause to evict from most rental units, and requires relocation pay for no-fault evictions. Hayward has no rules of its own on notices, security deposits, repairs or landlord entry, so state law applies.

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Key points

Rent increases: Hayward's own rule limits increases on covered rental units to 5% of the current rent, once every 12 months.
Just cause: Hayward requires a listed reason, such as unpaid rent or owner move-in, to evict from all rental units except some exempt types.
Relocation pay: Hayward requires 1 month of rent as relocation pay for no-fault evictions, paid within 14 calendar days after the notice.
Ending a tenancy: State law requires 60 days' notice to end a tenancy, or 30 days if the tenant has lived there less than one year.
Harassment damages: Under Hayward's rule, a tenant harmed by harassment or retaliation can recover actual damages or at least $1,000, whichever is greater.
Security deposits: State law limits deposits to one month's rent, or two for some small landlords, with return due within 21 calendar days after move-out.

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

Rent increases

Hayward code Hayward's own rule limits increases on covered rental units to 5% of the current rent, once every 12 months.

All 11 Hayward rules on rent increases, with the code text and the state law underneath →

Eviction and just cause

Hayward code Hayward requires a listed reason, such as unpaid rent or owner move-in, to evict from all rental units except some exempt types.

All 13 Hayward rules on eviction and just cause, with the code text and the state law underneath →

Relocation payments

Hayward code Hayward requires 1 month of rent as relocation pay for no-fault evictions, paid within 14 calendar days after the notice.

All 11 Hayward rules on relocation payments, with the code text and the state law underneath →

Notices

We found no Hayward rule on this in the Hayward Municipal Code (checked October 2026). The state rule below applies.

CA state law California law
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 Hayward 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

Hayward code What Hayward's code adds
Presumption period	6 months. Applies: Applies after a tenant uses rights under the state anti-retaliation law; landlord action in that time is presumed retaliatory. § 9-5.307 · code text In any action by or against the tenant, evidence of the exercise by the tenant of his/her right under Section 1942.5 of the Civil Code occurring within six (6) months of the alleged retaliation shall create a presumption that the landlord's conduct was in retaliation for the tenant's exercise of rights under this code.
Protected activities	Filing a complaint with the City that a code violation may exist. § 9-5.307 · code text No landlord may retaliate against a tenant for exercising his or her right under Section 9-5.305 of this code to file a complaint with the City that a code violation may exist. Using any right under the rent ordinance, including filing a petition. § 12-1.12 · code text Retaliation against a Tenant because of the Tenant's exercise of right under the Ordinance is prohibited.
Remedies	Civil action for injunctive relief or damages, or both; actual damages (including emotional distress) or at least $1,000, whichever is greater, tripled for a knowing or reckless violation; up to $5,000 more per violation against a veteran, a disabled tenant, or a tenant 65 or older; a prevailing tenant recovers reasonable attorney's fees Applies: Violations of the harassment or retaliation rules (12-1.12(b) or (c)); for service, repair, rent-refusal or quiet-enjoyment claims the tenant must first notify the landlord and allow 15 days to correct § 12-1.12 · code text An aggrieved Tenant may bring a civil action for injunctive relief or damages, or both, for any violation of Section 12-1.12(b) or Section 12-1.12(c). A city lawsuit for a court order or damages, or both, or an administrative citation or civil penalty. Applies: When the violator has a pattern and practice of violating the harassment and retaliation rules. § 12-1.12 · code text The City Attorney may enforce Section 12-1.12(b) or Section 12-1.12(c) through civil action for injunctive relieve or damages, or both, when a party against whom enforcement is sought has a pattern and practice of violating Section 12-1.12 (Prohibition Against Retaliatory Eviction and Harassment Against Tenants). The City Attorney may also request that an administrative citation or civil penalty be issued by the City. The violator pays the City's costs of abating and prosecuting the violation. Applies: In addition to the other remedies. § 12-1.12 · code text In addition to the remedies provided in this section, a violator is liable for such costs, expenses, and disbursements paid or incurred by the City in abatement and prosecution of the violation.

CA state law Underneath, California law still 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

Hayward code Under Hayward's rule, a tenant harmed by harassment or retaliation can recover actual damages or at least $1,000, whichever is greater.

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

Repairs and habitability

CA state law Hayward 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 Hayward 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 →

Hotel and short-term rental tax

Hayward code What Hayward's code adds
Tax rate	up to 14% of the rent Applies: the code states only the maximum § 8-4.20 · code text For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of up to fourteen percent (14%) of the rent charged by the operator.
Who collects it	Each operator collects the tax from every guest at the same time as the rent. § 8-4.22 · code text Each operator shall collect the tax imposed by this Article to the same extent and at the same time as the rent is collected from every transient.

Condo conversions

Hayward code What Hayward's code adds
Relocation help	$1,000 for moving plus 3 months' rent, based on the highest rent the tenant paid. Applies: The subdivider failed to give required notice to a prospective tenant who became a tenant and does not buy. § 10-3.370 · code text (aa) Moving expenses in the amount of $1,000 to be paid prior to moving. (bb) The equivalent of three months' rent, based on the highest rent paid by the tenant, with one-third to be paid one month prior to the move date and the other two thirds paid upon vacating the premises.
Notice to tenants	At least 60 days before the tentative map application; notices in English, Spanish and the original lease language. Applies: Notice to existing tenants before the tentative map application is filed. § 10-3.370 · code text At least 60 days prior to the time of the filing of an application for a tentative map for the conversion of rental units to a Common Interest Development, the subdivider shall send to each tenant of the rental units to be converted the following notice: Within 10 days after the tentative map application is submitted. Applies: Written notice to each tenant about the application, hearings, final map approval and map recording. § 10-3.370 · code text Within 10 days after the submittal of an application for a tentative map for the conversion of rental units to a Common Interest Development, the subdivider shall send to each tenant, and provide to each person who becomes a tenant at any time subsequent to such date, a written notice containing the following information: At least 10 days' written notice before the hearing. Applies: City notice of the date, time and place of a Planning Commission or City Council hearing. § 10-3.370 · code text That each tenant will be given at least 10 days' prior written notice by the City (at subdivider's expense) of the date, time, and place of any hearing held on the tentative map application by the Planning Commission or City Council and the availability of any staff report related to the hearing. Within 10 days. Applies: Notice to tenants that the final map was approved. § 10-3.370 · code text That each tenant will be notified in writing of the approval of the final map approving the conversion, if it is approved, within 10 days of such action; 10 days' written notice. Applies: Subdivider's notice that a final or parcel map has been recorded and what it means. § 10-3.370 · code text Each tenant will receive 10 days' written notification from the subdivider that a final or parcel map has been recorded and the implications of that filing. Tenants may end their lease without penalty with 30 days' written notice. Applies: After receiving the notice of intent to convert. § 10-3.370 · code text After receipt of the notice of intent to convert, each tenant will be permitted to terminate any lease or rental agreement without penalty upon written notification to the subdivider at least 30 days in advance of such termination

Who this affects

TenantsLandlordsProperty managers

Frequently asked questions

How much notice does a Hayward landlord have to give?

State law requires 60 days' notice to end a tenancy, or 30 days if the tenant has lived there less than one year.

How much can a Hayward landlord charge for a security deposit?

State law limits deposits to one month's rent, or two for some small landlords, with return due within 21 calendar days after move-out.

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

Hayward's code: up to 14% of the rent (the code states only the maximum) (§ 8-4.20); Each operator collects the tax from every guest at the same time as the rent. (§ 8-4.22).

What happens to tenants when a Hayward building converts to condos?

Hayward's code: $1,000 for moving plus 3 months' rent, based on the highest rent the tenant paid. (The subdivider failed to give required notice to a prospective tenant who became a tenant and does not buy.) (§ 10-3.370); At least 60 days before the tentative map application; notices in English, Spanish and the original lease language. (Notice to existing tenants before the tentative map application is filed.) (§ 10-3.370).

General information, not legal advice.

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Hayward Municipal Code — full text

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