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Oakland · Renting & eviction

Renting in Oakland: the rules that apply

Oakland caps rent increases on covered units at 60% of CPI or 3%, whichever is lower, requires just cause from the first day, and adds relocation, notice and retaliation rules. Security deposits, repairs and landlord entry follow state law.

Key points

  • Local rent cap: Oakland limits covered units to 60% of the April-to-April CPI increase or 3%, whichever is lower, and generally only 1 increase in 12 months.
  • State rent cap: State law caps state-covered units at 8.8% (5% plus 3.8% San Francisco-area inflation) for increases from August 1, 2026 through July 31, 2027.
  • Cap exemptions: Exempt from the state cap: housing with a certificate of occupancy from the last 15 years, non-corporate single-family homes or condos with written notice, and owner-occupied duplexes.
  • Just cause: Oakland requires just cause from the first day of a tenancy for nonexempt units; the landlord must prove any exemption.
  • Notices: State law: 60 days' notice to end a tenancy, or 30 if the tenant lived there under 1 year; 30 days for a rent increase, 90 above 10%.
  • Relocation pay: For qualifying moves, Oakland's base payment per unit is $6,500 (studio/1-bedroom), $8,000 (2-bedroom) or $9,875 (3+ bedrooms), raised each July 1.
  • Extra relocation: Households with lower-income, elderly or disabled tenants or minor children get one extra $2,500 per unit, shared equally and not CPI-adjusted.

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

Rent increases

Oakland code Oakland limits covered units to 60% of the April-to-April CPI increase or 3%, whichever is lower, and generally only 1 increase in 12 months. State law caps state-covered units at 8.8% (5% plus 3.8% San Francisco-area inflation) for increases from August 1, 2026 through July 31, 2027. Exempt from the state cap: housing with a certificate of occupancy from the last 15 years, non-corporate single-family homes or condos with written notice, and owner-occupied duplexes.

All 7 Oakland rules on rent increases, with the code text and the state law underneath →

Eviction and just cause

Oakland code Oakland requires just cause from the first day of a tenancy for nonexempt units; the landlord must prove any exemption.

All 5 Oakland rules on eviction and just cause, with the code text and the state law underneath →

Relocation payments

Oakland code For qualifying moves, Oakland's base payment per unit is $6,500 (studio/1-bedroom), $8,000 (2-bedroom) or $9,875 (3+ bedrooms), raised each July 1. Households with lower-income, elderly or disabled tenants or minor children get one extra $2,500 per unit, shared equally and not CPI-adjusted.

All 16 Oakland rules on relocation payments, with the code text and the state law underneath →

Notices

Oakland code State law: 60 days' notice to end a tenancy, or 30 if the tenant lived there under 1 year; 30 days for a rent increase, 90 above 10%.

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

Security deposits

CA state law Oakland 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

Oakland code What Oakland's code adds
Presumption period
  • From petition filing through 6 months after notice of final decision.
    Applies: For tenants who filed a petition under this Chapter, an owner's attempted tenancy termination during this period is rebuttably presumed retaliatory.
    § 8.22.130 · code text
    If an owner attempts to terminate the tenancy of a tenant who files a petition under this Chapter from the date the petition filing to within six (6) months after the notice of final decision, such termination of tenancy will be rebuttably presumed to be in retaliation against the tenant for the exercise rights under this Chapter.
Protected activities
  • An owner may not recover possession in retaliation for exercising rights under this Chapter.
    Applies: Applies to covered units under the Rent Adjustment Program.
    § 8.22.130 · code text
    An owner may not recover possession of a covered unit in retaliation against a tenant for exercising rights under this Chapter.

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 →

Harassment and lockouts

Oakland code What Oakland's code adds
Prohibited acts
  • Retaliation against a tenant for exercising rights under the TPO is prohibited.
    Applies: Under the Tenant Protection Ordinance; retaliation claims may only be brought in court, not addressed administratively.
    § 8.22.640 · code text
    Retaliation against a Tenant because of the Tenant's exercise of rights under the TPO is prohibited.

CA state law Underneath, California law still applies. Lockouts and self-help eviction banned: A landlord may not change locks, remove doors or windows, or remove the tenant's belongings to force a tenant out (Civ. Code § 789.3(b)). Utility shutoffs banned: A landlord may not cut off water, heat, electricity, gas or other utilities to force a tenant out (Civ. Code § 789.3(a)). Tenant harassment and lockouts in California — the full state rule →

Repairs and habitability

CA state law Oakland 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 Oakland 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

Oakland code What Oakland's code adds
Allowed
  • No. Renting for less than 30 days is a public nuisance.
    Applies: Joint live/work quarters.
    § 15.08.860 · code text
    To provide, or offer to provide, joint live work quarters or any part thereof for short term rental for a period of less than thirty (30) days is a public nuisance.
Minimum stay
  • At least 30 days.
    Applies: Joint live/work quarters; shorter rentals are a public nuisance.
    § 15.08.860 · code text
    To provide, or offer to provide, joint live work quarters or any part thereof for short term rental for a period of less than thirty (30) days is a public nuisance.

Hotel and short-term rental tax

Condo conversions

Oakland code Relocation payments under the city's code-compliance relocation rules. Relocation payments under the city's owner move-in relocation rules.

All 11 Oakland rules on condo conversions, with the code text →

Who this affects

TenantsLandlordsProperty managers

Frequently asked questions

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

Oakland 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)).

Can I rent out my home short-term in Oakland?

Oakland's code: No. Renting for less than 30 days is a public nuisance. (Joint live/work quarters.) (§ 15.08.860); At least 30 days. (Joint live/work quarters; shorter rentals are a public nuisance.) (§ 15.08.860).

General information, not legal advice.

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