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Alameda · Renting & eviction

Retaliation in Alameda

Alameda's own rules on retaliation, with the code text for every value, and the state law underneath.

Each rule below links to the section of the Alameda Municipal Code it was read from, with the code text one click away (checked October 2026). General information, not legal advice.

What Alameda's code says

Alameda code What Alameda's code adds
Presumption period
  • 180 days
    Applies: In a possession action, evidence the tenant asserted or exercised rights within this period before the alleged retaliation creates a rebuttable presumption of retaliation.
    § 6-58.120 · code text
    In an action against the Tenant to recover possession of a Rental Unit, evidence of the assertion or exercise by the Tenant of rights under this Article or under state or federal law within one hundred eighty (180) days prior to the alleged act or retaliation shall create a rebuttable presumption that the Landlord's act was retaliatory;
Protected activities
  • Includes Article/state/federal rights; requesting/participating in rent control; refusing/rescinding Buyout Agreements; and rights/participation in Article litigation.
    § 6-58.120 · code text
    No Landlord shall take any action to terminate a tenancy, reduce any Housing Services or increase the Rent where the Landlord's intent is to retaliate against the Tenant for (i) the Tenant's assertion or exercise of rights under this Article or under state or federal law, (ii) the Tenant's request to initiate, or the tenant's participation in, the rent control procedures under this Article, (iii) the Tenant's refusing to enter into a Buyout Agreement or rescinding a Buyout Agreement or (iv) the Tenant's exercise of rights under or participation in litigation arising out of this Article.
Remedies
  • Retaliation may be a defense in an action to recover possession of a Rental Unit.
    § 6-58.120 · code text
    Such retaliation may be a defense to an action to recover the possession of a Rental Unit and/or may serve as the basis for an affirmative action by the Tenant for actual and punitive damages and/or injunctive relief as provided herein.
  • Tenants may seek actual and punitive damages and/or injunctive relief.
    Applies: When the Tenant brings an affirmative action.
    § 6-58.120 · code text
    Such retaliation may be a defense to an action to recover the possession of a Rental Unit and/or may serve as the basis for an affirmative action by the Tenant for actual and punitive damages and/or injunctive relief as provided herein.

The California rule underneath

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 →

Who this affects

TenantsLandlordsProperty managers

General information, not legal advice.

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