Summary of the City of Alameda’s Eviction Protection Ordinance

The City of Alameda has enacted an eviction control ordinance that limits evictions to those reasons specified in the ordinance and requires relocation assistance to be paid to covered tenants.  This article summarizes the eviction control provisions of the ordinance. 

Covered Properties

All multi-unit buildings, including single-family homes and condominiums, are subject to eviction control under the ordinance. Section 8 voucher tenants have eviction protection, but only if the landlord is not the government or a nonprofit.

Just Cause Reasons for Eviction

A landlord can only evict a tenant for the following just-cause reasons:

• Tenant has failed to pay rent;
• Tenant has caused a substantial and material breach of the lease;
• Tenant is committing a nuisance;
• Tenant continually denies the landlord access to the unit;
• Landlord (or their relative) seeks to do move into the unit (Owner move-in eviction);
• Landlord seeks to demolish the rental unit and has obtained all necessary and required permits;
• Landlord seeks to make capital improvements and has obtained all necessary and required plan approvals, including approval from the Rent Board;
• Landlord seeks to permanently remove the property from the rental market (Ellis Act eviction); and
• Landlord must comply with a government order that necessitates the removal of the tenants. Alameda, Cal. Mun. Code § 6-58.80.

Requirements For Owner-Move-In Eviction

A landlord can evict a tenant to move into the unit or to move in a spouse or domestic partner, children, parents, grandparents, grandchildren, siblings, or in-laws. The following criteria must be met for the landlord to seek an owner move-in eviction:

• The owner must act in good faith.
• The owner must be a natural person, not a corporation or LLC.
• The owner must have at least a 50% ownership interest in the property.
• The property cannot have a comparable vacant unit available at the time the notice of termination of tenancy is served.
• The owner or relative must occupy the unit within 60 days.
• The owner or relative must live in the unit as a primary residence for three years.
• The owner must provide the Rent Program with documentation that the owner or relative has moved in and is occupying the unit as their primary residence.
• The owner must pay the evicted tenants permanent relocation benefits.

Relocation Assistance

Tenants who are permanently displaced through a No-Fault eviction are entitled to relocation payments.  The City Council determines the amount of relocation benefits. Relocation benefits are based on how many rooms the unit contains, not on how many tenants live in the unit.  The payment amounts range from $8,000 to over $16,000, depending on the size of the unit and status of the tenant (i.e. disabled, minor, etc.)  You can determine the relocation payment amount on the Rent Board’s website. 

Please contact Lynx Legal with any questions regarding the above, and for all your eviction needs.  We can be reached at 888-441-2355 or info@lynxlegal.com.  You can also schedule a telephonic consultation on our website.  Our experienced professionals are standing by to answer any questions or complete the intake if you are ready to start a case.