Know Your Rights in Oakland Eviction Law

Whether you are an owner or a renter, it is important to know what the law is regarding your rights and responsibilities, living in the San Francisco/Oakland area. Oakland eviction law includes many state and federal laws and the San Francisco Rent Ordinance.

15 Reasons for Eviction

In the Oakland area, there are 15 reasons for eviction. Landlords and tenants must have documentation to back up their reasons for evictions or reasons for not being evicted. The 15 reasons in Oakland eviction law are:

  1. Breaching the lease
  2. Being a nuisance to other renters
  3. Not paying rent
  4. Conducting illegal activities on the premises
  5. Sub renting the unit and retaining possession after lease has expired
  6. Not signing a new lease when it is the same as the previous lease
  7. Not allowing the landlord access to the unit after practical notice
  8. The owner is moving in
  9. Conversion to condominiums
  10. The landlord wants to demolish the unit
  11. Substantial rehabilitation of the unit requiring temporary eviction
  12. Capital improvements requiring temporary eviction
  13. Remediation of lead requiring temporary eviction
  14. Owner wishes to remove the unit from the market
  15. Owner wants to change the type of housing with affordable or mixed-use housing approved by the city

Fault and No-Fault Evictions

Items 1-7 are known as ‘fault’ evictions and result from something that the tenant has done, or not done, that has caused the landlord to seek eviction. The landlord must show they have made attempts to remedy the situation prior to seeking eviction.

Causes 8-15 are ‘no fault’ evictions and are a result of the landlord deciding to exercise their right to use the property in a different way. Or, with a few of the reasons, substantial repairs to the property may be required by the government.

Don’t Let a Landlord Bully You

There are many ways a landlord can try to get you to move that really don’t have much to do with any of the reasons listed above. If you feel that you are being harassed or have received an eviction notice that you don’t think is fair, you have every right to fight it. Contact Elke & Merchant located in San Francisco to help you. They know Oakland eviction law and represent only tenants.

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