Oakland Residential Lease Agreement

Important Information for Oakland Landlords

Oakland Rental Law Highlights

Oakland Rent Adjustment Program (RAP) – OMC Ch. 8.22

• Coverage: Most buildings with 2+ units built before 1983; some newer buildings if rent controlled at construction
• Exemptions: Single-family homes, condos (with conditions), buildings with 1 unit, post-1983 construction (unless controlled at time of construction), government-subsidized housing
• Rent Increases: Limited to annual CPI increase (typically 2-5%) plus 5% banking allowance
• Registration Required: All covered units must register annually with Rent Board
• Petition Process: Landlords can petition for additional increases for capital improvements, operating costs
• Just Cause Eviction: Required for all covered units
• Relocation Payments: Required for most no-fault evictions

Security Deposits (Cal. Civ. Code § 1950.5)

• Maximum Amount: 2 months’ rent for unfurnished; 3 months’ rent for furnished
• Return Timeline: 21 days after tenant vacates
• Itemized Statement: Required if any deductions are made
• Interest Required: No (unless local ordinance requires)
• Bad Faith Penalty: Up to twice the deposit amount plus attorney’s fees
• Pet Deposits: Count toward the 2 or 3-month maximum

Rent and Fees (Oakland RAP, Cal. Civ. Code)

• Rent Increases (RAP Covered): Limited to annual CPI + 5% banking (typically 2-8% total)
• Notice Requirements: 30 days for increases under 10%; 60 days for 10% or more (90 days in Oakland RAP units)
• Late Fees: Must be reasonable; typically not more than 5-10% of rent
• NSF Fees: Maximum $25 first occurrence; $35 subsequent (Cal. Civ. Code § 1719)
• Costa-Hawkins: Landlord can set initial rent on vacant units; increases limited thereafter

Required Disclosures (Cal. Civ. Code, Oakland ordinances)

• Lead paint disclosure (pre-1978 properties) – Federal requirement
• Landlord/agent name and address (Cal. Civ. Code § 1962)
• Bedbug notice and history (Cal. Civ. Code § 1954.603, 1954.604)
• Mold information (Cal. Health & Safety Code § 26147)
• Shared utility arrangements (Cal. Civ. Code § 1940.9)
• RAP status and tenant rights (Oakland ordinance)
• Oakland Rent Board contact information for covered units
• Asbestos (if known)
• Death on property (within 3 years for AIDS-related deaths only)

Just Cause Eviction – OMC § 8.22.300 et seq.

• At-Fault Causes: Non-payment, breach of lease, nuisance, illegal activity, refusal of access, etc.
• No-Fault Causes: Owner/relative move-in, substantial rehabilitation, Ellis Act withdrawal, condo conversion, demolition
• Relocation Payments: Required for most no-fault evictions (amounts vary; typically $6,000-$9,000+ per unit)
• Good Faith Requirement: Owner move-ins must be genuine; strict enforcement
• Notice Requirements: Vary by cause; 90 days typical for no-fault evictions in RAP units

Eviction and Termination (Cal. Code Civ. Proc., Oakland Ordinance)

• 3-Day Notice: For nonpayment of rent (pay or quit)
• 3-Day Notice: For lease violations (cure or quit)
• 30/60/90-Day Notice: For no-fault causes with relocation payments
• Just Cause Required: Cannot evict without enumerated just cause (RAP units)
• Court Process: Unlawful detainer action required
• Rent Board Notification: Must notify Rent Board of certain evictions

Landlord Obligations (Cal. Civ. Code § 1941 et seq.)

• Habitability: Must maintain in fit and habitable condition
• Essential Services: Heat, water, hot water, electricity, gas
• Building Codes: Compliance with all applicable codes
• Repairs: Reasonable time to complete (typically 30 days)
• Smoke Detectors: Required in all units
• Carbon Monoxide Detectors: Required in units with fuel-burning appliances or attached garages
• Seismic Safety: Retrofit requirements for certain buildings

Entry Requirements (Cal. Civ. Code § 1954)

• Notice Required: 24 hours’ written notice (except emergency)
• Reasonable Times: Normal business hours (8am-5pm typically)
• Permitted Purposes: Repairs, inspections, showings, emergencies
• Tenant Consent: Can allow entry without notice

Tenant Protections (Cal. Civ. Code, Oakland Ordinance)

• Repair and Deduct: Up to one month’s rent for necessary repairs
• Rent Withholding: For uninhabitable conditions
• Retaliation Protection: 180 days after tenant action
• Harassment: Prohibited under California and Oakland law
• Rent Board: Can petition for rent reductions, dispute resolution

Oakland-Specific Requirements

Rent Adjustment Program (RAP)

• Covers most buildings with 2+ units built before 1983
• Annual rent increase formula: CPI + 5% banking allowance (typically 2-8% total)
• More generous than San Francisco or Berkeley (allows banking of unused increases)
• Annual registration required with Oakland Rent Board
• Just cause eviction required for covered units
• Relocation assistance for most no-fault evictions
• Strong enforcement by Oakland Rent Adjustment Program

CPI + 5% Banking Formula

• Base increase: Bay Area CPI (typically 2-5%)
• Plus: 5% banking allowance for unused increases from previous years
• Total possible increase: Often 7-10% if banking accumulated increases
• More flexible than San Francisco (60% CPI) or Berkeley (65% CPI)
• Allows landlords to “bank” unused allowable increases

Annual Registration Requirement

• All RAP-covered units must register annually with Rent Board
• Registration fees apply (based on number of units)
• Must report rent amounts and any changes
• Failure to register can limit rent increases
• Penalties for non-compliance

Just Cause Eviction Protection

• Cannot evict RAP tenants without enumerated just cause
• No-fault evictions require substantial relocation assistance
• Owner move-in strictly regulated and enforced
• Must notify Rent Board of certain evictions
• Significant penalties for wrongful evictions

Relocation Assistance – OMC § 8.22.400

• Required for most no-fault evictions of RAP tenants
• Amounts set by Oakland ordinance (typically $6,000-$9,000+ per unit)
• Higher amounts for elderly, disabled, or families with children
• Must be paid before tenant vacates
• Additional amounts for displacement from fire or uninhabitability

90-Day Notice Requirement

• RAP units require 90-day notice for no-fault evictions
• Longer than California’s standard 30/60 days
• Provides tenants more time to relocate
• Notice must include specific information about relocation payments

Fair Housing Requirements

Best Practices for Oakland Landlords

• Determine if unit is RAP-covered and register with Rent Board if required
• Register unit annually and pay required fees
• Limit rent increases to CPI + 5% banking (RAP units)
• Provide all required California and Oakland disclosures
• Limit security deposits to legal maximums (2 or 3 months’ rent)
• Return deposits within 21 days with itemization
• Provide 24 hours’ notice before entry
• Never use self-help eviction methods
• Ensure just cause exists before evicting RAP tenants
• Budget for relocation payments if no-fault eviction needed
• Provide 90-day notice for no-fault evictions (RAP units)
• Notify Rent Board of required evictions
• Document everything in writing
• Stay current on Oakland rental ordinances
• Consider legal counsel given complexity of Oakland laws

Oakland Climate Considerations

• Mediterranean Climate: Mild year-round temperatures
• Temperature Range: 50°F to 75°F typical range
• Dry Summers: July through September typically dry
• Rainy Season: November through March
• Microclmates: Variation across neighborhoods (hills vs. flatlands)
• Earthquake Zone: Seismic safety critical

Resources

• Oakland Rent Adjustment Program (Rent Board)
• Oakland Tenants Union
• City of Oakland – Housing and Community Development
• Oakland Municipal Code – Chapter 8.22 (RAP)
• California Civil Code – Landlord-Tenant Provisions
• East Bay Community Law Center
• Oakland Apartment Association