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Owner relatives want to move into the unit

If the landlord, their spouse, domestic partner, child, parent, or grandparent (but not sibling or other relative) wants to move into your unit to live there as their full time residence, then this is a valid reason for eviction. You can try to negotiate with your landlord for more time or even money to move if you are willing to your move out without conflict on the agreed-on date. It may be best to have a lawyer help you make the agreement, especially if it involves a buy-out.

However:

  • If it’s not the landlord, their spouse, domestic partner, child, parent, or grandparent moving in, then this is NOT a valid reason for eviction.
  • If you have lived in the unit for at least five years and are 60 years of age or older, then this is not a valid reason for eviction UNLESS:
    • the person moving in is also 60 years of age or older, disabled, or catastrophically ill AND the landlord has no other rental units not occupied by protected tenants (then the eviction is valid).
  • If you have lived in the unit for at least five years AND are physically disabled, mentally disabled, or catastrophically ill, then this is not a valid reason for eviction UNLESS:
    • the person moving in is also at least 60 years of age, is disabled or catastrophically ill AND the landlord has no other rental units not occupied by protected tenants (then the eviction is valid).
  • If you are being evicted during the Oakland Unified School District’s school year AND you live with a school-aged child OR a school employee, then this is not a valid reason for eviction.
  • If the notice is not filed at the Rent Adjustment Program within 10 days of serving it to you, then it is not valid. Even if your landlord says they filed it, check. Many landlords don’t file because then they can only do one eviction of this type in 3 years. If they didn’t file it, respond with a letter saying the notice is invalid.

You can often fight this kind of eviction, and you are eligible for a relocation payment from your landlord. If a landlord is evicting a tenant with Just Cause for certain no-fault reasons (eviction for repairs, owner move-in, Ellis Act eviction), and fails to pay the relocation payment to the tenant(s) in a timely manner, 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.

If is not a valid eviction reason, then you will need to write a letter to your landlord stating that the notice is not valid. Send your landlord the signed and dated letter via certified mail and keep a copy.

Write This Letter

If the landlord fails to move their relatives into the building within 3 months of the tenant moving out, and has not been granted an extension from the Rent Adjustment Program, or if the relative does not live there for at least 36 months, you are entitled to move back into your unit at your same rent. If this happens, your landlord is required to pay all reasonable expenses you incur moving back into the unit,
including lease termination fees.

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Most tenants in Oakland are covered by the Tenant Protection Ordinance! However, if you live in any of the following, then you ARE NOT covered by the Tenant Protection Ordinance (TPO) in Oakland.

  • A hospital, skilled nursing facility, or health facility
  • A nonprofit facility that has the primary purpose of providing short term treatment, assistance, or therapy for alcohol, drug, or other substance abuse, where you were been told in writing that the housing was temporary/transitional when you moved in
  • A nonprofit facility which provides a structured living environment that has the primary purpose of helping houseless people build independent living skills and obtain permanent housing and where occupancy is restricted to a limited and specific period of time of not more than twenty-four (24) months, and where you were told in writing that the housing was temporary/transitional when you moved in
  • A hotel or motel for less than one month

If you don't live in any of the above, then you ARE covered under TPO. Note: if you live in a building owned by a nonprofit, you ARE covered unless the facility meet one of the specific exemptions described above.

Most units in Oakland are covered by Just Cause. However, if you live in any of the following, then you ARE NOT covered by Oakland Just Cause.

  • A unit that is less than 10 years old (If you're not sure, call the County Assessors and they can tell you very quickly) OR
  • You live in the same unit as your landlord, and you regularly share a kitchen or bathroom with the landlord, OR
  • You live in a recreational vehicle (RV) or wheeled tiny home but do NOT pay rent OR
  • A hospital, skilled nursing facility or healthcare facility OR
  • A nonprofit facility where the primary purpose is short-term treatment for drugs or alcohol, and you were told that the facility was temporary/transient when you moved in, OR
  • A nonprofit facility with a structured living environment where the primary purpose is to assist homeless folks in building skills for independent living, where occupancy is limited to a specific/limited time not greater than 24 months, and you were told that the facility was temporary/transient at the beginning

You are covered by Oakland Rent Control UNLESS you live in one of the following:

  1. Housing where your rent is subsidized and/or regulated by the government, including:
    1. A building managed by Oakland Housing Authority (OHA) or the Department of Housing and Urban Development (HUD),
    2. A unit where your rent is subsidized by Section 8 or another government entity (even if the property is privately owned)
  2. A hotel, motel, inn, or boarding houses AND you have not occupied the unit for more than 30 days (if you have been there more than 30 continuous days, you ARE likely covered by rent control)
  3. A unit or room in a hospital, senior home, extended care facility, convent, monastery or school dormitory
  4. A unit or room in a non-profit cooperative owned, occupied & controlled by the residents
  5. A building built on or after January 1, 1983 (Don’t know? Call the County Assessors at 510-272-3787 and ask them to tell you the year the unit was built and the effective date),
  6. A substantially rehabilitated building, IF the owner applied for exemption to rent control before October 20, 2017, and received a certificate of exemption from rent control
  7. A single-family home or a condominium sold separately AND you moved in after 1995

Effective May 1, 2018, the Oakland Tenant Move-out Ordinance (TMOO, O.M.C . 8.22.700 et seq.) states that landlords must do the following if they wish to offer a tenant compensation to vacate their rental unit:

1) The owner must file a Pre-Move Out Disclosure Certification Form with the Rent Adjustment Program prior to entering into Move Out Negotiations.
2) The owner must give a Disclosure Notice to the tenant prior to entering into Move Out Negotiations. The owner must also file the executed Move Out Agreement with the Rent Adjustment Program within 45 days of the tenant and landlord signing the Move Out Agreement.

Tenants also have these rights under the Move-out Ordinance:
1) The right to not accept - A tenant is not required to enter into a Move Out Agreement or engage in Move Out Negotiations, and:
-The landlord may not retaliate against a tenant for not accepting the offer. 
-Offering payments to a tenant to vacate more than once in six (6) months after the tenant has notified the owner in writing that the tenant refuses to enter into a Move Out Agreement or engage in Move Out Negotiations constitutes harassment under the Tenant Protection Ordinance.

2) The right to consult an attorney before entering into a Move Out Agreement or engaging in Move Out Negotiations.
3) The right to rescind - A tenant may cancel the Move Out Agreement at any time during the twenty-five (25) days after the agreement has been signed by both the landlord and tenant, unless the parties agree in writing to a shorter period of no less than fifteen (15) days . During this time, the tenant may cancel the Agreement as long as the tenant has not moved out, and the decision to cancel is agreed upon by tenants who are part of the Move Out Agreement.
4) Extended right to rescind within six months if the Move Out Agreement does not meet the specifications required under the Ordinance.
5) Relocation amounts for 2020-2021: Move out agreements must be for greater than the amount of the relocation payments to which the tenant may be entitled under Oakland, state, or federal law. The Uniform Relocation Ordinance requires owners provide tenants displaced by code compliance activities, owner or relative move-ins, the Ellis Act, and condominium conversions with relocation payments. The payment amount depends on the size of the unit and adjusts for inflation annually on July 1st. The base payment amounts until June 30, 2021 are:

$ 7,308.37 per studio/one bedroom unit
$8,994.92 per two bedroom unit
$11,103.10 per three or more bedroom unit

Tenant households in rental units that include lower income, elderly or disabled tenants, and/or minor children are entitled to a single additional relocation payment of two thousand five hundred dollars ($2,500) per unit from the owner.
6) Right to return: Tenants have an option or right to return to their Rental Unit after certain no-fault evictions, such as code compliance evictions after the repairs are completed or Ellis evictions if the units are re-rented. Waiver of these rights, if applicable, may make a Move Out Agreement more valuable.
7) Market rents may be much higher in your area and you may want to check rents for similar rental units before entering into a Move Out Agreement, particularly a Move Out Agreement that removes any options or rights to return to the rental unit that may exist for you.
8) Payments from a Move Out Agreement may be taxable. You should consult taxing authorities or a tax professional for more information or advice on taxability.
9) Public records: Move Out Agreements and documents related to Move Out Agreements that are submitted to the City may be public. The City may redact personal information to the extent possible. Parties of a Move Out Agreement should be notified that information may become public disclosure.