Oakland · Renting & eviction

Renting in Oakland: the rules that apply

Oakland caps rent increases on covered units at 60% of CPI or 3%, whichever is lower, requires just cause from the first day, and adds relocation, notice and retaliation rules. Security deposits, repairs and landlord entry follow state law.

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Key points

Local rent cap: Oakland limits covered units to 60% of the April-to-April CPI increase or 3%, whichever is lower, and generally only 1 increase in 12 months.
State rent cap: State law caps state-covered units at 8.8% (5% plus 3.8% San Francisco-area inflation) for increases from August 1, 2026 through July 31, 2027.
Cap exemptions: Exempt from the state cap: housing with a certificate of occupancy from the last 15 years, non-corporate single-family homes or condos with written notice, and owner-occupied duplexes.
Just cause: Oakland requires just cause from the first day of a tenancy for nonexempt units; the landlord must prove any exemption.
Notices: State law: 60 days' notice to end a tenancy, or 30 if the tenant lived there under 1 year; 30 days for a rent increase, 90 above 10%.
Relocation pay: For qualifying moves, Oakland's base payment per unit is $6,500 (studio/1-bedroom), $8,000 (2-bedroom) or $9,875 (3+ bedrooms), raised each July 1.
Extra relocation: Households with lower-income, elderly or disabled tenants or minor children get one extra $2,500 per unit, shared equally and not CPI-adjusted.

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

Rent increases

Oakland code Oakland limits covered units to 60% of the April-to-April CPI increase or 3%, whichever is lower, and generally only 1 increase in 12 months. State law caps state-covered units at 8.8% (5% plus 3.8% San Francisco-area inflation) for increases from August 1, 2026 through July 31, 2027. Exempt from the state cap: housing with a certificate of occupancy from the last 15 years, non-corporate single-family homes or condos with written notice, and owner-occupied duplexes.

All 7 Oakland rules on rent increases, with the code text and the state law underneath →

Eviction and just cause

Oakland code What Oakland's code adds
When protection starts	Just-cause protections apply from the first day of the tenancy. Applies: Applies to rental units in Oakland, except exempt units; the landlord must allege and prove the exemption. § 8.22.360 · code text 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:
Allowed at-fault reasons	Willfully causing substantial damage beyond normal wear and tear and refusing after written notice. § 8.22.360 · code text The tenant has willfully caused substantial damage to the premises beyond normal wear and tear and, after written notice, has refused Continued substantial violation of a material tenancy term after written notice to stop, where the violation causes substantial actual injury, involves unreasonable conduct, and the term is reasonable, legal, and was accepted in writing. Applies: Does not include the obligation to surrender possession on proper notice as required by law. § 8.22.360 · code text The tenant has continued, after written notice to cease, to substantially violate a material term of the tenancy other than the obligation to surrender possession on proper notice as required by law. Failure to pay legally owed rent after written notice requiring payment within at least 3 days. Applies: Not grounds if rent was lawfully withheld or demanded rent is under 1 month’s HUD-determined fair market rent for an equivalent Oakland metro area unit. § 8.22.360 · code text 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.
Units covered	Rental units in the City of Oakland. Applies: Except units exempt under OMC 8.22.350; the landlord must allege and prove the exemption in the notice and complaint. § 8.22.360 · code text 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:

CA state law Underneath, California law still applies. Just cause required: After 12 months of lawful occupancy, the owner may terminate only for a just cause stated in the notice (Civ. Code § 1946.2(a)). Just-cause eviction in California — the full state rule →

Relocation payments

Oakland code For qualifying moves, Oakland's base payment per unit is $6,500 (studio/1-bedroom), $8,000 (2-bedroom) or $9,875 (3+ bedrooms), raised each July 1. Households with lower-income, elderly or disabled tenants or minor children get one extra $2,500 per unit, shared equally and not CPI-adjusted.

All 16 Oakland rules on relocation payments, with the code text and the state law underneath →

Notices

Oakland code What Oakland's code adds
Filing a copy with the city	Yes. The owner must file specified information with the Rent Adjustment Program. Applies: Before starting move out negotiations for a rental unit; information must be on the Program’s form and signed by the owner under penalty of perjury. § 8.22.730 · code text Prior to commencing move out negotiations for a rental unit, the owner shall provide the following information to the Rent Adjustment Program, on a form prescribed by the Rent Adjustment Program and signed by the Owner under penalty of perjury:
What a notice must say	Written notice must include Chapter coverage, petition rights, initial-rent limits, and required prior-rent and basis information. Applies: At or before a covered unit tenancy begins. § 8.22.060 · code text On or before the date of commencement of a tenancy, the owner must give the tenant a written notice in a form prescribed by the Rent Adjustment Program which must include the following information: The initial notice must be in English, Spanish, and Chinese. Applies: At the start of the tenancy. § 8.22.060 · code text The Owner must give the initial notice in three languages: English, Spanish, and Chinese. Provide each tenant a city-prescribed written disclosure with required tenant-rights information and spaces for signature and date. Applies: Before commencing move out negotiations for a rental unit. § 8.22.730 · code text Prior to commencing move out negotiations for a rental unit, an owner shall provide each tenant in that rental unit with a written disclosure on a form prescribed by the city, which shall include, but is not limited to, the following:

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 Oakland 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

Oakland code What Oakland's code adds
Presumption period	From petition filing through 6 months after notice of final decision. Applies: For tenants who filed a petition under this Chapter, an owner's attempted tenancy termination during this period is rebuttably presumed retaliatory. § 8.22.130 · code text If an owner attempts to terminate the tenancy of a tenant who files a petition under this Chapter from the date the petition filing to within six (6) months after the notice of final decision, such termination of tenancy will be rebuttably presumed to be in retaliation against the tenant for the exercise rights under this Chapter.
Protected activities	An owner may not recover possession in retaliation for exercising rights under this Chapter. Applies: Applies to covered units under the Rent Adjustment Program. § 8.22.130 · code text An owner may not recover possession of a covered unit in retaliation against a tenant for exercising rights under this Chapter.

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

Oakland code What Oakland's code adds
Prohibited acts	Retaliation against a tenant for exercising rights under the TPO is prohibited. Applies: Under the Tenant Protection Ordinance; retaliation claims may only be brought in court, not addressed administratively. § 8.22.640 · code text Retaliation against a Tenant because of the Tenant's exercise of rights under the TPO is prohibited.

CA state law Underneath, California law still applies. Lockouts and self-help eviction banned: A landlord may not change locks, remove doors or windows, or remove the tenant's belongings to force a tenant out (Civ. Code § 789.3(b)). Utility shutoffs banned: A landlord may not cut off water, heat, electricity, gas or other utilities to force a tenant out (Civ. Code § 789.3(a)). Tenant harassment and lockouts in California — the full state rule →

Repairs and habitability

CA state law Oakland 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 Oakland 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

Oakland code What Oakland's code adds
Allowed	No. Renting for less than 30 days is a public nuisance. Applies: Joint live/work quarters. § 15.08.860 · code text To provide, or offer to provide, joint live work quarters or any part thereof for short term rental for a period of less than thirty (30) days is a public nuisance.
Minimum stay	At least 30 days. Applies: Joint live/work quarters; shorter rentals are a public nuisance. § 15.08.860 · code text To provide, or offer to provide, joint live work quarters or any part thereof for short term rental for a period of less than thirty (30) days is a public nuisance.

Hotel and short-term rental tax

Oakland code What Oakland's code adds
Tax rate	11% of the rent. Applies: This is the base hotel tax; a separate 3% surcharge is added, for 14% total. § 4.24.030 · code text For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of eleven (11) percent of the rent charged by the operator. 3% of the rent. Applies: A surcharge on top of the 11% hotel tax. § 4.24.031 · code text There shall be a tax of three percent of the rent charged by the operator of a hotel, in addition to the 11 percent tax specified in Section 4.24.030, for the privilege of occupancy in any hotel in the City (the "surcharge").
Who collects it	Each hotel operator collects the tax from guests and pays it to the Tax Administrator. § 4.24.060 · code text This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of the Uniform Transient Occupancy Tax Ordinance by registering with the Tax Administrator for the purpose of collecting from transients the Transient Occupancy Tax and remitting said tax to the Tax Administrator.

Condo conversions

Oakland code What Oakland's code adds
Relocation help	Relocation payments under the city's code-compliance relocation rules. Applies: Tenants who moved in without the required conversion notice, do not buy, and move out for code compliance repairs. § 16.36.030 · code text Tenants who vacate for code compliance repairs shall be paid relocation payments pursuant to O.M.C. Chapter 15.60. Relocation payments under the city's owner move-in relocation rules. Applies: Tenants who moved in without the required conversion notice, do not buy, and move out for an owner or relative move-in. § 16.36.030 · code text Tenants who vacate due to owner or relative move-in shall be paid relocation payments pursuant to OMC Section 8.22.850. Relocation payments under the city's Ellis Act relocation rules. Applies: Tenants who moved in without the required conversion notice, do not buy, and move out after an Ellis Act eviction. § 16.36.030 · code text Tenants who vacate due to an Ellis Act eviction shall be paid relocation payments pursuant to O.M.C. Section 8.22.450. Relocation payments in the amounts set by the city's relocation rules. Applies: Tenants who moved in without the required conversion notice, do not buy, and move out for any other reason except tenant fault. § 16.36.030 · code text Tenants who vacate for any other reason, unless evicted for tenant fault, shall be paid relocation payments in amounts pursuant to OMC Section 8.22.820. The owner pays the relocation payment at least 10 days before the expected move-out date. Applies: Applies to tenants who moved in without the required conversion notice and move out voluntarily. § 16.36.030 · code text If the tenant voluntarily vacates the premises, the owner shall make the payment directly to an eligible tenant household no later than ten (10) days before the expected vacation date.
Notice to tenants	Tenants may end their lease without penalty by giving the subdivider 30 days' written notice. Applies: After receiving the tenant rights notice; ends if the subdivider gives notice it abandoned the conversion. § 16.36.050 · code text After receipt of this notice, each tenant will be entitled to terminate his or her lease or rental agreement without any penalty upon notifying the subdivider in writing thirty (30) days in advance of such termination; Written notice of the tenant's right to buy, 17 days before the subdivider's sales program starts. Applies: Applies to conversions of 4 units or less. § 16.36.032 · code text If the conversion involves four (4) units or less, in which case no public report is issued, the subdivider shall give, seventeen (17) days before the start of the subdivider's sales program, a written notice to each tenant Within 5 days after the subdivision public report is received. Applies: Applies to conversions of 5 or more units; notice of the exclusive right to buy. § 16.36.032 · code text For conversions involving five (5) or more units, the subdivider shall give written notice within five (5) days after receipt of the subdivision public report to each tenant of his or her exclusive right Within 5 calendar days of receiving the buyer's offer. Applies: Applies to the owner's notice of intent to accept a buyer's offer and its terms. § 16.36.050 · code text The owner(s) (subdivider(s)) shall notify the tenant of owner's intent to accept a buyer's offer, and terms of offer, within five (5) calendar days of owner(s) receiving offer.
Tenants' right to buy	An exclusive right for at least 90 days to buy their own unit, at least 10% below public offering terms. Applies: Starts when the final subdivision public report is issued or, if none, when the sales program starts. § 16.36.032 · code text For conversions involving five (5) or more units, the subdivider shall give written notice within five (5) days after receipt of the subdivision public report to each tenant of his or her exclusive right for at least ninety (90) days after issuance of the subdivision public report to contract for the purchase of his or her respective unit 14 calendar days to match an accepted buyer's offer, less a discount of at least 10%. Applies: Applies after the owner gives notice of intent to accept a buyer's offer. § 16.36.050 · code text Thereafter, the tenant has fourteen (14) calendar days to match buyer's offer less a discount of at least ten (10) percent by entering into a purchase and sale agreement with owner(s).

Who this affects

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Frequently asked questions

Does a landlord in Oakland need a reason to evict?

Oakland requires just cause from the first day of a tenancy for nonexempt units; the landlord must prove any exemption.

How much notice does an Oakland landlord have to give?

State law: 60 days' notice to end a tenancy, or 30 if the tenant lived there under 1 year; 30 days for a rent increase, 90 above 10%.

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

Oakland 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 Oakland?

Oakland's code: No. Renting for less than 30 days is a public nuisance. (Joint live/work quarters.) (§ 15.08.860); At least 30 days. (Joint live/work quarters; shorter rentals are a public nuisance.) (§ 15.08.860).

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

Oakland's code: 11% of the rent. (This is the base hotel tax; a separate 3% surcharge is added, for 14% total.) (§ 4.24.030); 3% of the rent. (A surcharge on top of the 11% hotel tax.) (§ 4.24.031).

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

Oakland's code: Relocation payments under the city's code-compliance relocation rules. (Tenants who moved in without the required conversion notice, do not buy, and move out for code compliance repairs.) (§ 16.36.030); Relocation payments under the city's owner move-in relocation rules. (Tenants who moved in without the required conversion notice, do not buy, and move out for an owner or relative move-in.) (§ 16.36.030).

General information, not legal advice.

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