Landlord wants to make repairs
- the landlord wants to make repairs on the unit AND
- the repairs cannot safely be made with you living there AND
- these repairs are for serious habitability issues AND
- the landlord has explained clearly why you cannot live there during that time AND
- the landlord has provided an estimate for when the repairs will be completed AND
- the landlord has provided numbers for all permits required to complete repairs AND
- the landlord will let you move back in at the same rent when repairs are completed,
then this is likely a valid TEMPORARY eviction notice. You are likely able to get relocation benefits under Oakland’s Code Enforcement Relocation ordinance if this happens. Join us at a Tenants Rights Workshop to get support and connect to other tenants fighting eviction.
If a landlord fails to make timely payment of relocation benefits, then the tenant CANNOT be legally evicted. A tenant need not sign any documents stating that they will not fight the eviction lawsuit in order to receive the relocation payments. Half of the payment is due when the landlord serves the eviction notice, and half is due when the tenant moves out.
However, if the repairs CAN be made with you living there OR these repairs are NOT for serious habitability issues OR the landlord has NOT explained clearly why you cannot live there during that time OR you will NOT be allowed to move back in at the same rent when repairs are completed, then this is not a valid eviction notice and you will need to write a letter to your landlord stating that the notice is not valid (on the letter template, choose “I have Oakland Just Cause protections”). Send your landlord the signed and dated letter via certified mail and keep a copy.
If the eviction for repairs is valid, the landlord must complete repairs in 3 months, unless they are granted an extension by the Rent Board. After repairs are completed, your landlord must offer you the right to return to your unit with the same lease agreements you had previously.