If you receive court papers (Unlawful Detainer or Summons) in person, posted on your door, or by mail, you must respond to this important document within 5 calendar days! RENT ADJUSTMENT PROGRAM 250 Frank H. Ogawa Plaza, Suite 5313 Oakland, CA 94612-2034 TEL FAX TDD (510) 238-3721 (510) 238-6181 (510) 238-3254 Frequently Asked Questions: Ellis Act Ordinance FORMS AND NOTICES I want to withdraw my tenant-occupied units from the rental market as allowed by the Ellis Ordinance. Oakland and Alameda County have eviction moratoriums that prevent landlords from making tenants leave during the pandemic, even if they dont pay their rent. The Oaklandside spoke to some of these groups and to local residents, to learn what questions people have about the citys current eviction rules. Official Website for the City of Oakland | Mayor Sheng Thao. For property owner forms, click here. If you value what you get from The Oaklandside, please join us with a tax-deductible donation today so we can continue doing the local reporting that matters to you. Most businesses have that; if you want to close down your store, you can close down your store.. Your donation goes beyond supporting our journalism. Last Updated: May 15th, 2023 12:58 PM. Expands the Just Cause for Eviction Ordinance to apply to all residential rental units built after December 31, 1995 and residential vehicular facilities, with the exception of ground-up new construction units that have received a Certificate of Occupancy within the past 10 years. Councilmember Dan Kalb, who co-sponsored the resolution, said at the meeting that cities like Oakland should be able to decide for themselves how best to keep tenants in their homes.. If you value what you get from The Oaklandside, please join us with a tax-deductible donation today so we can continue doing the local reporting that matters to you. Oakland Diocese considers gender identity policy| Oakland mayor salary raise | Where to watch the Womens World Cup. But there are some instances when landlords can still evict tenants, including if they invoke a 1986 California law called the Ellis Act. 2. Not everyone is going to try to educate themselves about it as much as we have.. The short answer is no. What if I want to break my lease? Property owner withdraws unit from the rental market under state law (Ellis Act). Ask for an Answer Form to an Unlawful Detainer at the Clerks Office or go get help from the Self-Help Center inside the court if theyre open. You will need to answer the Unlawful Detainer using an Answer Form within 5 calendar days. Any of the following is a valid reason for eviction under Just Cause: A tenants lease must be honored even if the unit is sold. Evictions in Oakland and the pandemic: everything you wanted to know When local governments declare the COVID-19 emergency over, the policies will expire. Eviction - Oakland Tenant Rights You cant be evicted if your lease ends during the pandemic, but you still owe rent if you stick around. At the beginning of the Ellis Act withdrawal, the owner must serve tenants with the following forms: Form 2: Notice of Tenant Rights Form 12: Notice By Tenant to Owner of Entitlement to Relocation Benefits Form 6: Notice of Entitlement to Extension Due to Disability or Age Myatt also described recent conflicts with his landlord. The ordinances dont touch on this situation, but Janowitz, who represents tenants, said there are existing laws that support renters in this case. The owner must move in within 60 days and remain living there as a full time residence for 3 years. The landlord or their family wish to move in. ), 350 Frank H Ogawa Plaza, Suite 703, Oakland, 24405 Amador Street Dept 501 Hayward, CA 94544, Walk in open 8:30am-12:00pm Mon-Fri, Call in 2:00pm-4:00pm Mon-Thurs. Oakland Evictions Moratorium FAQ - Asian Pacific Environmental Network TO SUCCEED, A PROPERTY OWNER MUST PROVIDE THE TENANT WITH THE CORRECT LEGAL NOTICE. Prohibits no-fault evictions to go into effect during the school year, if the household includes school-age children or educators employed by the Oakland Unified School District. Thank you for supporting The Oaklandside and being a part of our community. PDF Frequently Asked Questions: Ellis Act Ordinance - Amazon Web Services Failure to respond to a tenants request to sublet within 14 days is deemed an approval. Yes, the eviction moratorium does not forgive or cancel back rent. Back rent will become debt for everyone in the county after the years up. Myatt said he requested an extension based on a disability he has, and is waiting to hear the landlords response. Eviction Notices: All eviction notices should be scanned and submitted via e-mail to evictionnotices@oaklandca.gov. Wolford Wayne LLP | San Francisco Tenant Rights Lawyers | Oakland Myatt said Swearingen eventually met with him and Danger and offered them money to move out. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to email a link to a friend (Opens in new window). Withdrawal of rental units is effective 120 days (or one year for qualified elderly or disabled tenants and any other tenants for which the date of withdrawal has been extended by the landlord) after filing of Notice of Intent (Step 2). Committing Waste (damaging the property); The tenant refuses to sign a lease extension or renewal provided the lease is of similar duration and with similar provisions as the previous lease; Criminal activity on the residence, or criminal activity/threat directed at the landlord or agent of the landlord; Subletting contrary to lease restrictions; Refusal to let the landlord enter the unit in order to make repairs, in case of emergency, after the tenant abandons the property, or under court order; Using the property for unlawful purposes; Failing to vacate after the tenant is terminated as an employee, licensee, or agent of the landlord; OR. Half of the relocation payments are to be paid upfront. Please read the information below carefully to find the best way to contact us. The Rent Adjustment Programs Housing Counselors are available from Monday to Thursday, 9:30am to 4:30pm to answer any RAP or housing-related questions you might have. Thank you for supporting The Oaklandside and being a part of our community. A unit that is less than 10 years old (If you're not sure, call the County Assessors and they can tell you very quickly) OR, You live in the same unit as your landlord, and you regularly share a kitchen or bathroom with the landlord, OR, You live in a recreational vehicle (RV) or wheeled tiny home but do NOT pay rent OR, A hospital, skilled nursing facility or healthcare facility OR, A nonprofit facility where the primary purpose is short-term treatment for drugs or alcohol, and you were told that the facility was temporary/transient when you moved in, OR, A nonprofit facility with a structured living environment where the primary purpose is to assist homeless folks in building skills for independent living, where occupancy is limited to a specific/limited time not greater than 24 months, and you were told that the facility was temporary/transient at the beginning. This is what's known as a tempest in a teapot. The tenant fails to vacate after providing written notice of their intent to vacate the property, or after an offer to surrender is accepted by the landlord. With service of the tenancy termination notice, Owner must pay the first half of the relocation payment as provided for in Section 8.22.450(A). Both the city and county policies are tied to the local state of emergency. When state lawmakers passed the state moratorium, they did prohibit cities and counties from passing new moratoriums, but Oakland and Alameda Countys were already in place and werent affected by this rule. In Oakland, a property owner can only terminate a tenancy or evict a tenant for JUST CAUSE. Copy of Certificate and Summary (Form 2).with the Alameda County Recorders seal verifying recording. She was previously on staff at Berkeleyside, where her extensive reporting on the legacy of school desegregation received recognition from the Society of Professional Journalists NorCal and the Education Writers Association. It also helps your family, friends and Oakland neighbors have access to reliable, independent reporting. The Ellis Act allows owners to permanently withdraw rental units from the market. Sign up for The Oaklandsides free daily newsletter. I lost my job because of the virus so I havent paid rent since April. Tenants who experience difficulty with owners concerning their rights under the Just Cause Eviction Ordinance may bring civil action in court on their own, but are advised to first seek assistance from these city-financed services: If you have received a Notice of Unlawful Detainer you can contact the, eviction protection law (O.M.C. Parties of a Move Out Agreement should be notified that information may become public disclosure. })(window,document,'script','dataLayer','GTM-MH9CHSR'); The Just Cause for Eviction Ordinance prohibits a property owner from terminating a tenancy without good or just cause. The renter is entitled to be subject to viewings at reasonable times. If you have a rent-controlled unit, any temporary decrease wont become the base rent from here on out, as long as you spell out in writing the parameters of the agreement and sign it with your tenant. 9. She was previously on staff at Berkeleyside, where her extensive reporting on the legacy of school desegregation received recognition from the Society of Professional Journalists NorCal and the Education Writers Association. Measure V amended the Ordinance to require that owners of units built after 1995 cite a just cause to evict a tenant. An eviction is also said to occur when a landlord disturbs a tenant's enjoyment of the premises by disrupting necessary amenities, such as intentionally shutting off the heat. They say cities and counties should create policies that give tenants more financial relief, or strengthen their protections to prevent mass evictions, as many renters who lost their jobs during the crisis wont immediately find work after it. The building or unit was red-tagged by City Building or Fire officials and is required to be vacated. The tenant has substantially damaged the unit and refused to stop damaging it or pay for repairs after written notice. The California Tenant Protection Act (TPA) (Effective January 1, 2020) places statewide limits on rent increases as well as on justifiable reasons for evictions for covered units. TO SUCCEED, A PROPERTY OWNER MUST PROVIDE THE TENANT WITH THE CORRECT LEGAL NOTICE. But tenant advocates are worried that people will end up moving out anyway, choosing not to wait around in limbo to find out what will happen with their case. I got an eviction notice in February, before the pandemic. Were journalists for Oakland. 5. And if you still have questions after reading, please email natalie@oaklandside.org or contact one of the legal resources listed below. Landlords can still carry out whats called an Ellis Act eviction, though, meaning they can make you leave if theyre taking the building off the rental market altogether, by selling it, for example. A copy of every eviction notice must be filed with the Rent Adjustment Program within 10 days after it is served on the tenant. Also, this exemption is not permanent, as it applies only to units built within the past 10 years. Natalie Orenstein covers housing and homelessness for The Oaklandside. This must be proven by the landlord. The owner wants to move back into the unit and you and the landlord have a written agreement, or it states it in your lease, that the landlord is allowed to move back in after a stated amount of time. The owner wants to remove the unit from the market through the Ellis act. As a result, this measure requires that owners of residential units built after 1995 and VRFs must have just cause to evict tenants and comply with relocation requirements when they evict for an owner move-in or to make repairs, unless some other exemption applies. The entire building is being taken off the rental market under the Ellis Act. Whenever it is that the courts reopen, were expecting a flood of litigation. And experts warn that Black and Latinx people will be hardest hit by any uptick in evictions across the country, since theyre more likely to be renters than white people, have been more impacted by job loss, and face other systemic barriers to wealth-building. The reporters and editors on The Oaklandside are dedicated to sharing the mic, reporting on systems, not symptoms, and providing you with the information you need to be an informed resident of our city. Then we sought answers from lawyers, organizers, and city and county staff. The East Bay Express does not provide fair and balanced coverage of housing issues in . 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. University of California College of the Law, San Francisco. She now lives there with two roommates. Within sixty (60) days of receiving the eviction notice, tenants who are low-income, elderly, disabled, or whose households have minor children can give written notice to the owner of their eligibility for additional relocation assistance in the amount of $2,500 as provided under Section 8.22.450(B). 07.09.20 - 2:04pm Low-income Oakland tenants face Ellis Act eviction amid the pandemic: "COVID is a terrible time for us" Tenants have arranged flowers in the backyard of their rent-controlled fourplex in north Oakland. More information on Oakland eviction protections here. Will there be tons of evictions after the moratorium expires? You are not protected by Oaklands eviction moratorium, which only applies to units covered by the citys Just Cause for Eviction Ordinance. However, if you live in any of the following, then you ARE NOT covered by Oakland Just Cause. Sign up for The Oaklandsides free daily newsletter. To him, the eviction and removal of two rent-controlled units is a piece of the larger story of his neighborhood, which has undergone immense change since he arrived a decade ago. Swearingen evicted the upstairs neighbors so she could move in herself, according to Myatt. Most evictions in Oakland are currently prohibited. This right is afforded to rental housing providers even though general public policy is to keep residents housed so long as their tenancy is in good standing. With the virus causing mass layoffs and furloughs throughout the city, folks are just generally concerned about being able to pay their rent, said Cometria Cooper, supervisor for community engagement and enforcement at Oaklands Rent Adjustment Program. However, this is likely a case where the Alameda County moratorium would be deemed stronger, since it applies to all units, not just older ones. Do I need to show it to him? A TENANT MAY HAVE GROUNDS TO CHALLENGE THE NOTICE AND THE SUBSEQUENT EVICTION ACTION. 7. Sliding scale fee applies. An order is issued by a court or government agency that requires a tenant to vacate. Please use the link below to add your name and e-mail to our list for future updates. The tenant has continued to disturb other tenants and neighbors after written notice to stop. Thank you for supporting The Oaklandside and being a part of our community. THE NOTICE TO TERMINATE A TENANCY IS THE FIRST STEP IN AN EVICTION ACTION. 'https://www.googletagmanager.com/gtm.js?id='+i+dl;f.parentNode.insertBefore(j,f); Determining whether a proposed showing time is reasonable depends on the particular circumstances involved in the case. The short answer is no. Oakland Law (for qualifying units) . Also, just because an owner is selling a unit does not mean a tenant is required to move. Owner files with Rent Adjustment Program: a. Does that mean my whole house is protected from eviction after the crisis? Owners are encouraged to seek and obtain legal advice concerning their own particular circumstances. Using the building for an illegal purpose, like selling drugs or prostitution. j=d.createElement(s),dl=l!='dataLayer'? They also argued about when Danger could move in. A donation to The Oaklandside goes beyond the newsroom. Headlines about the recent changes to the state program created some confusion for renters and property owners in Oakland and the rest of Alameda County, who were unsure whether this would impact them. Property owner wants to use the rental unit as a principal residence for property owner of record or owners spouse, domestic partner, child, parent or grandparent. News about Californias eviction and rent relief programs has caused some confusion for local tenants and landlords. No eviction is permitted whatsoever, if a tenant can provide proof that they havent been able to pay rent because of a COVID-related impact, like losing a job or income, or having to take time off from work to care for a sick family member. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Your support is powering our newsroom! My lease says I have to pay a late fee of $25 for each week of rent I miss. Rowland said the council should look at why property owners resort to using the Ellis Act in the first place. But this is peoples livelihoods. The Ellis Act allows owners to permanently withdraw rental units from the market. A donation to The Oaklandside goes beyond the newsroom. Soon after the first COVID-19 cases were reported in Oakland, the city and Alameda County passed what are considered two of the most sweeping eviction moratoriums in the country. You can receive a 3-Day Notice to vacate your unit if you do any of the following: Substantially damaged the rental property, Committed a nuisance or interfered with other tenants, The sheriff is the only one that can forcibly remove an evicted tenant from their unit and only. 120 day written notice for an Ellis Act eviction (San Francisco) Triggers entitlement to relocation payments under 37.9C of the San Francisco Rent Ordinance. Specific language is found in the Just Cause Regulations. Property owners and tenants may use this form to petition the Rent Adjustment Program for a hearing to address a tenant's claim of "protected status" as elderly, disabled, or catastrophically ill for the purposes of protection under the Just Cause for Eviction Ordinance. In October, Myatt received the first Ellis Act eviction notice. We amplify community voices, share information resources, and investigate systems, not just symptoms. Regardless of whether a tenant missed rent in April 2020 or April 2021, or every month in between, theyre still on the hook for those payments.