Evictions

Although the Alameda County eviction moratorium has ended, I am still protected from eviction because the eviction notice was served or expired during the time period covered by the moratorium.  

Although the Alameda County eviction moratorium has ended, I am still protected from eviction because the eviction notice demands rent that became due during the moratorium period.  I have been financially impacted by COVID-19 and can provide documentation upon request.

If you want to collect the rent you say I owe in a Small Claims case, you cannot legally do so until you give me one year to pay it from the day it became due.

In addition to state and county protections, I am also protected by Oakland’s eviction moratorium. Oakland’s Eviction Moratorium Ordinance prevents most evictions during Oakland’s local public health emergency. It also makes the service of most eviction notices illegal during this time, including the one that you sent me on {date}. You cannot require me to pay any amount to be protected under the Oakland Eviction Moratorium. Because the notice that you sent me is illegal, and because Oakland’s Eviction Moratorium Ordinance prevents you from trying to evict me using this notice, it is illegal for you to take any action to try to evict me based upon this notice.

I am advising you that you have not served me with a valid eviction notice under the Just Cause for Eviction Ordinance of Oakland.

I am advising you that you have not served me with a valid eviction notice under the California Tenant Protection Act.

I am advising you that you have not served me with a valid eviction notice under the California Tenant Protection Act.

This notice is invalid because I paid rent in the amount of {amount_paid} on {last_time_paid_rent}. I paid rent by {payment_type}. I made sure you received payment by {payment_delivery}. 

I am attaching a copy of my {payment_type}. Please note that continuing to not accept my rent and/or sending invalid eviction notices can be considered a form of harassment and that if this continues I have the option to pursue legal action.

Please rescind your notice as it is not a valid notice.

Additionally, I am covered by Oakland’s Just Cause Ordinance. I request that you provide me with a receipt for all future payments. Pursuant to the California Civil Code Section 1499, “A debtor has a right to require from his creditor a written receipt for any property delivered in performance of his obligation.” Moreover, pursuant to California Code of Civil Procedure Section 2075, “Whoever pays money, or delivers an instrument or property is entitled to a receipt therefore from the person to whom the payment or delivery is made…” According to these laws, I am requesting to receive rent receipts of rent paid going forward.

This notice is invalid because I paid rent in the amount of {amount_paid} on {last_time_paid_rent}. I paid rent by {payment_type}. I made sure you received payment by {payment_delivery}. 

I am attaching a copy of my {payment_type}. Please note that continuing to not accept my rent and/or sending invalid eviction notices can be considered a form of harassment and that if this continues I have the option to pursue legal action.

Please rescind your notice as it is not a valid notice.

Additionally, I am covered by Oakland’s Tenant Protection Ordinance. I request that you provide me with a receipt for all future payments. Pursuant to the California Civil Code Section 1499, “A debtor has a right to require from his creditor a written receipt for any property delivered in performance of his obligation.” Moreover, pursuant to California Code of Civil Procedure Section 2075, “Whoever pays money, or delivers an instrument or property is entitled to a receipt therefore from the person to whom the payment or delivery is made…” According to these laws, I am requesting to receive rent receipts of rent paid going forward.

The notice claims that I have violated the terms of the verbal agreement/written lease.

However, there was a verbal agreement regarding a change to the contract made between me and {agreement_person}.

Because of this, the notice is invalid.

The notice claims that I have violated the terms of the verbal agreement/written lease.

As you know, the landlord authorized the conduct mentioned in the Notice through the words and conduct of {ll_names_action_words}, and therefore waived the right to evict me for that conduct.

Please be advised that the eviction process does not officially begin until a landlord serves a tenant with a valid notice to vacate that follows the requirements of the law. Please rescind your notice as it is not valid. If not, I will contact housing organizations for further assistance with this matter.

Be advised that under California Civil Code Section 1942.5, it is illegal for you to retaliate against me for having exercised my legal rights to request habitability repairs and involve city departments such as codes and compliance, vector control, or the rent adjustment program.

Moreover, under the Oakland Tenant Protection Ordinance, it  is also illegal for landlords to fail to perform repairs or remove a housing service such as repairs for the purpose of causing a tenant to vacate.

I involved:

Codes and compliance

Vector control

Rent adjustment program

on {date_first_department_was_contacted}.

I requested repairs on {date_sought_repairs}. The repairs requested are:
{repair_requested_repeater}

Please be advised that the eviction process does not officially begin until a landlord serves a tenant with a valid notice to vacate that follows the requirements of the law. Please rescind your notice as it is not legal.

Oakland law requires a landlord to pay for relocation assistance when substantial repairs are needed in a rental unit due to the city’s code enforcement activity. The Notice of Violation issued to you states that you must make repairs to address violations from the City of Oakland building codes pursuant to Oakland Municipal Code Section 15.60. 

On {insert date}, I received a Notice of Violation from the city noting needed repairs. However, I have not been informed how long these repairs will take. Please note that the city ordinance governing the code compliance around relocation assistance differentiates payments between repairs made within 60 days or when they exceed 60 days. Please consult Oakland Municipal Code Section 15.60 if you have any questions about your obligations. Please contact me as soon as possible to arrange adequate relocation payments or to discuss alternatives.