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Emeryville · Renting & eviction

Renting in Emeryville: the rules that apply

Emeryville has no rent control of its own, so the state cap applies to covered units, but the city lists just causes for eviction and requires relocation pay for no-fault terminations. It also bans bad-faith harassment, requires termination notices to go to the City Clerk, and limits short-term rentals to permitted single-unit detached houses.

Key points

  • Rent increases: No city rent control: state law caps increases on covered units at 8.8% from August 1, 2026 through July 31, 2027.
  • Just cause: City law lists just causes for eviction, including unpaid rent, lease breach, move-in by the landlord or a parent or child, and demolition.
  • Relocation pay: City law: for no-fault terminations, large landlords pay 5 times HUD fair market rent or 4 times monthly rent, whichever is greater.
  • Termination notices: City law: termination notices must state the reason, tenant rights and rents charged; a copy goes to the City Clerk within 10 days.
  • Harassment: City law bans bad-faith harassment, such as cutting services, abusing entry, or offering payment to move out more than once every 6 months.
  • Short-term rentals: City law: short-term rentals need a permit and are allowed only in a single-unit detached house that is the permit holder's primary residence.

Each rule below is marked Emeryville code or CA state law and links to the section it comes from (checked October 2026). General information, not legal advice.

Rent increases

CA state law Emeryville has no rule of its own on this, so California law applies. Rent cap right now: 8.8% for increases taking effect August 1, 2026 through July 31, 2027 (5% plus 3.8% inflation) (Civ. Code § 1947.12(a)(1), (g)). California's statewide rent cap — the full state rule →

Eviction and just cause

Emeryville code City law lists just causes for eviction, including unpaid rent, lease breach, move-in by the landlord or a parent or child, and demolition.

All 8 Emeryville rules on eviction and just cause, with the code text and the state law underneath →

Relocation payments

Emeryville code City law: for no-fault terminations, large landlords pay 5 times HUD fair market rent or 4 times monthly rent, whichever is greater.

All 5 Emeryville rules on relocation payments, with the code text and the state law underneath →

Notices

Emeryville code City law: termination notices must state the reason, tenant rights and rents charged; a copy goes to the City Clerk within 10 days.

All 4 Emeryville rules on notices, with the code text and the state law underneath →

Security deposits

CA state law Emeryville has no rule of its own on this, so California law applies. Security deposit cap: One month's rent, on top of the first month's rent (Civ. Code § 1950.5(c)(1), (c)(6)). Deposit return deadline: 21 calendar days after the tenant moves out, with an itemized statement of any deductions (Civ. Code § 1950.5(h)(1)). California security deposit law — the full state rule →

Retaliation

CA state law Emeryville has no rule of its own on this, so California law 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 →

Harassment and lockouts

Emeryville code City law bans bad-faith harassment, such as cutting services, abusing entry, or offering payment to move out more than once every 6 months.

All 15 Emeryville rules on harassment and lockouts, with the code text and the state law underneath →

Repairs and habitability

CA state law Emeryville has no rule of its own on this, so California law applies. Duty to keep the unit habitable: The landlord must deliver a unit fit to live in and repair conditions that make it untenantable (Civ. Code § 1941). Repair and deduct: A tenant may make a repair the landlord neglects and deduct the cost from rent, up to one month's rent, no more than twice in any 12 months (Civ. Code § 1942(a)). Habitability and repair-and-deduct — the full state rule →

Landlord entry

CA state law Emeryville has no rule of its own on this, so California law applies. Landlord entry notice: Reasonable written notice, presumed to be 24 hours, and entry only during normal business hours (Civ. Code § 1954(d)(1), (e)). Landlord entry notice in California — the full state rule →

Short-term rentals

Emeryville code City law: short-term rentals need a permit and are allowed only in a single-unit detached house that is the permit holder's primary residence.

All 4 Emeryville rules on short-term rentals, with the code text →

Hotel and short-term rental tax

Emeryville code What Emeryville's code adds
Tax rate
  • 12% of the rent.
    § 3-3.403 · code text
    For the privilege of occupancy in any hotel, each transient shall be subject to and shall pay a tax in the amount of twelve percent (12%) of the rent charged by the operator.
Who collects it
  • The operator collects the tax from each guest at the same time as the rent.
    § 3-3.405 · code text
    Each operator shall collect the tax imposed by the provisions of this article to the same extent and at the same time as the rent is collected from every transient.

Condo conversions

Emeryville code 3 months of Alameda County fair market rent for a comparable unit, or of current rent, whichever is larger. At least 60 days before a tentative map or parcel map is filed.

All 7 Emeryville rules on condo conversions, with the code text →

Who this affects

TenantsLandlordsProperty managers

Frequently asked questions

How much can rent go up in Emeryville?

No city rent control: state law caps increases on covered units at 8.8% from August 1, 2026 through July 31, 2027.

How much can an Emeryville landlord charge for a security deposit?

Emeryville has no local rule on this that we found (checked October 2026); state law applies: One month's rent, on top of the first month's rent (Civ. Code § 1950.5(c)(1), (c)(6)).

What is the hotel tax on short-term rentals in Emeryville?

Emeryville's code: 12% of the rent. (§ 3-3.403); The operator collects the tax from each guest at the same time as the rent. (§ 3-3.405).

General information, not legal advice.

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