The notice must be placed in at least one such common area in the building using the form prescribed by the City Staff. However, the Tenant Protection Act will cover some units that are. Refuse to accept or acknowledge receipt of a Tenant’s lawful rent payment. A landlord can raise the rent by more than the allowable CPI increase under certain circumstances but, never by more than 10 percent in any year. The tenant may also file if the owner does not follow through to complete the repairs with reasonable diligence. Michigan law (Landlord and Tenant Relationship Act 348 of 1972) grants tenants certain rights like the right to the return of a security deposit and the right to a habitable dwelling. In these cases you may be subject to an "at fault" eviction without relocation assistance. The owner can notify the tenant that the repairs will take more than fifteen (15) days. Oakland, CA – BayLegal’s housing preservation work opens an exciting new chapter this spring with the launch of our Alameda County Tenant’s Rights Line. If faced with what you believe is a proposed Ellis Act Eviction, OTU strongly recommends you seek immediate legal assistance (see resources below). YOU must file a petition with the Oakland Rent Adjustment Program (RAP) within 90 days, you should petition for a decrease in rent to match the, if your rent is increased by more than the allowable amount (usually less than 3% per year). rent cannot be increased without an official “RAP Notice”. You are. Intimidate or threaten to report the tenant to U.S. Immigration and Customs Enforcement (ICE). This page provides information and resources about the following renter protection programs: Effective January 1, 2020 ​the California Tenant Protection Act of 2019 (AB 1482, Chiu) is California's first statewide rent cap and Just Cause for Eviction la, Oakland's existing Rent Adjustment Program (RAP) and Just Cause for Eviction Ordinance still apply (see details below). Our regional housing preservation practice area helps more than 12,000 people each year stay in their homes and fight housing discrimination, illegal evictions, and foreclosures. I can’t pay my rent; what do I do? The owner wants to move back into the unit, if allowed by a written agreement with the tenant or it is allowed by the lease. However, rent increases cannot be banked for more than 10 years. Chapter 15.60 with the Real Estate officer to be paid instead by the city. However, Section 8 tenants do not have Rent Control in Oakland and cannot use the Rental Adjustment Board (though the housing authority does control your rent). The tenant must allow fifteen (15) days for the owner to correct the problem. Tenants who possess a Section 8 Voucher are able to locate a unit of their choice in a neighborhood of their choice, and are also allowed to move out of the city or state and continue using their Voucher after one year of continuous residence in Oakland (portability). The tenant has substantially damaged the unit and refused to stop damaging it or pay for repairs after written notice. Oakland landlords who are contemplating buying-out a tenant have a short window of opportunity to engage in more open discussions before new rules go into effect on May 1, 2018. Remove a housing service for the purpose of causing the Tenant to vacate the rental unit. Oakland is a Just Cause City. The two ordinances are similar, but Oakland can opt out of the county’s in cases when its own law is found to have stronger tenant protections. ECHO's Tenant/Landlord Counseling Program provides information to tenants and landlords on their housing rights and responsibilities. 8.22.300). You cannot be charged late fees. Units covered by the TPA (and not already covered by RAP) can have the rent increased twice per 12-month period, but the total amount of increase cannot exceed the maximum. The laws are constantly changing and can be quite complex. Threaten the tenant, by word or gesture, with physical harm. Oakland Tenants' Rights Handbook. Please contact tenant Attorney in Oakland Broderick Brown. Under the Oakland Eviction Moratorium, which remains in effect until the Local Emergency is over, you cannot be evicted for almost any reason. "capital improvements" or "banking"). The official website of the City of Oakland. For landlords, however, it’s one of the major pain points and a source of potential risks.From a tenant’s perspective, guests are all those who come for a short period of time and are expected to leave soon. Neither the City nor the County's eviction moratoria require you to sign this Declaration. Notices can be found in the Additional Documents pages. Find out about meetings, request City services through OAK 311, or contact the Mayor and City Council. For additional information, review these FAQ resources to more fully understand your rights and eligibility under the Oakland and Alameda County eviction moratoria: The Protect Oakland Renters FAQ on the Oakland Eviction Moratorium, The City of Oakland's FAQ on the Oakland Eviction Moratorium, Centro Legal’s FAQ on the Alameda County Eviction Moratorium. In this case, the owner must provide a reasonable time period for completion. Oakland is a “Just Cause for Eviction” city. A: Whatever you do, don’t panic! The tenant will not let the owner into the apartment, even with a 24 hours’ written notice. Original story, July 17: A new extension of Alameda County’s eviction moratorium makes it illegal for landlords to kick tenants out of their homes for almost any reason until October. The tenant has continued to violate a provision of the lease after written notice to stop. The entire ordinance is here. The East Bay Rental Housing Association (EBRHA) is a full-service nonprofit organization dedicated to promoting fair, safe, and well-maintained residential rental housing that is compliant with local ordinances and state/federal laws. ​​Oakland is a “Just Cause for Eviction” city. Protecting Tenants in Oakland, the Bay Area & Surrounding Areas Tenant Law Group is a firm dedicated to protecting the rights of California tenants—particularly those in and around the San Francisco Bay Area, which includes the counties of San Francisco, Alameda, Contra Costa, Marin, Santa Clara, San Mateo, Napa, and Sonoma.