Although California’s eviction moratorium has expired, a handful of cities/counties, including Oakland, California, still have moratoriums in place that prohibit most residential evictions within the city or county borders. Here is an overview of the eviction protections afforded by Oakland’s Eviction Moratorium.
Who Is Covered By Oakland’s Residential Eviction Moratorium?
Oakland’s Eviction Moratorium applies to all tenants in the City of Oakland who are covered by Oakland’s Just Cause for Eviction Ordinance. This means all residential tenants, unless one of the following exceptions applies:
● The building in which the tenant resides was constructed in 1996 or later
● The tenant lives in the same unit as the landlord
● The tenant lives in a health facility, nonprofit substance abuse treatment facility, or certain short-term housing for homeless people
Accordingly, single family homes are covered by the moratorium unless one of the exceptions above applies. There is no special exception for single family homes.
What Types Of Evictions Are Covered By The Moratorium?
Oakland’s Eviction Moratorium applies to evictions for any of these reasons:
● Nonpayment of rent
● Breach of Lease Agreement
● Refusing to sign a new lease with materially similar terms
● Causing substantial damage to the premises
● Disturbing quiet enjoyment
● Denying the landlord access to the unit if required by law
● Owner move-in
● Eviction for substantial repairs
What Types Of Residential Evictions Are Exempt From The Moratorium
The only two exceptions to the Oakland Eviction Moratorium are:
(1) Evictions under the Ellis Act (removing the whole property from the rental market) or
(2) Evictions premised on the tenant being an imminent health or safety risk to other occupants.
Protection Against Future Evictions for Nonpayment of Rent
Oakland’s Eviction Moratorium ordinance also protects against many future evictions for nonpayment of rent due during the State of Emergency, where such payments have not been made because of some situation caused by COVID-19. Tenants are protected from any late fees charges as well. In Oakland, in order to access those protections, tenants are not legally required to notify their landlord that they are impacted by COVID-19 or provide them with proof right now.
How Long Does the Eviction Moratorium Last?
Oakland’s residential Eviction Moratorium will end when the City of Oakland ends the local State of Emergency, so it currently does not have a defined end date. The future protection for tenants related to nonpayment of rent does not expire.
Do Tenants Still Owe The Rent Not Paid During The Eviction Moratorium?
Yes, tenants still owe that money, which can be recovered in a Small Claims action or other civil action. Tenants cannot, however, be displaced from their home because of the arrearages.
Does Oakland Currently Have A Commercial Eviction Moratorium In Place?
Oakland also has a commercial eviction moratorium covering “small business” tenants, defined under Gov. Code § 14837(d) as a business having fewer than 100 employees, average annual gross receipts of $15 million or less and principal office located in California.
Under this moratorium, a commercial tenant cannot be evicted if non-payment of rent was caused by “a substantial decrease in income (including but not limited to a decrease caused by a reduction in hours or consumer demand)” caused by COVID-19 or governmental response to COVID-19, and it is documented. The moratorium extends through the end of the “Local Emergency” as declared by the City of Oakland. Oakland has not yet declared the Local Emergency to be over.
Please contact Lynx Legal if you have any questions regarding Oakland’s Eviction Moratorium, or if you would like further information on our services. We can be reached at 888-441-2355 or [email protected]. Our experienced professionals are standing by to answer any inquiries you may have.