A residential lease agreement in Oakland is a binding document between a landlord and a tenant. This agreement outlines the terms and conditions surrounding the use of a rental property in exchange for payment.
Oakland has no city-specific residential lease agreement requirements or disclosures. As such, landlords and tenants in Oakland follow California requirements for lease agreements .
In Oakland, it is illegal for a landlord to evict a tenant without a just cause . This includes both at-fault and no-fault just cause evictions.
A no-fault eviction is a term used when the notice to end the tenancy is not based on any fault of the tenant. This type of eviction is typically used in scenarios such as month-to-month tenancies. Some examples of no-fault evictions include:
An at-fault eviction is a term used when the tenant is at fault. For at-fault evictions, landlords must provide written notice of the eviction, as well as an opportunity to cure the violation (if it is curable). Some examples of at-fault evictions include:
If the property later becomes available to rent, the landlord must first offer the unit to the displaced tenant within 30 days. This is only if the tenant requested to renew the property within 30 days of being displaced. Once the tenant has received the offer from the landlord, the tenant has 30 days to accept or reject the offer. [1]
The City of Oakland’s Tenant Relocation Ordinance requires property owners to provide relocation payments to tenants who are evicted due to the following no-fault reasons:
The amount of the relocation payments depends on the size of the unit, and these amounts adjust annually. Certain tenants are entitled to an additional $2,500 payment if they fall under one of the following categories:
Oakland’s Tenant Protection Ordinance , which was passed in 2014, works to protect tenants from landlord harassment. The ordinance prohibits certain behaviors that could force or manipulate tenants into vacating their rental unit involuntarily. Landlords and property owners are prohibited from taking certain actions in bad faith. These actions include, but are not limited to, the following:
In 2018, Oakland City Council passed the Tenant Move-Out Agreement Ordinance . This ordinance provides certain protections to tenants who are offered a buyout agreement by their landlord. A buyout agreement is when a tenant accepts payment from the landlord in exchange for agreeing to vacate their rental unit. Under this ordinance, tenants have the following rights when choosing whether or not to accept a buyout agreement:
Before negotiating a buyout agreement, landlords must give their tenants a written disclosure with a statement of their rights. [2] If the tenant declines the offer for a buyout agreement, the landlord is prohibited from retaliating against the tenant in any form.
In 2022, Oakland established the Rent Registry Ordinance , which states that all units covered under the Rent Adjustment Program must establish a rent registry. Under this ordinance. Property owners are required to report rent and tenant information. Starting in 2025, property owners will be required to confirm and update this information annually.
Under this ordinance that was passed in 2021, tenants in Oakland have the right to choose their own service provider. Similar to San Francisco’s law that was passed in 2016, this law requires property owners of multi-family dwellings to provide tenants with reasonable access to any qualified communication provider. [3]
While not mandatory, landlords can add specific disclosures and addendums to their leases. This helps outline the responsibilities of the tenant and can prevent future liability issues.
Due to Oakland’s very high crime rate , it would be in the landlord’s best interest to include an addendum stating that engaging in criminal activity, including drug-related activity, is prohibited on or near the property.
Since California is listed as the #1 state for asbestos-related deaths , landlords should include an addendum stating if asbestos is present on the property. If asbestos is present, tenants should take precautions to minimize the chance of disturbing the asbestos fibers.
Due to California’s higher wildfire risk, landlords may want to include a fire safety disclosure in the lease agreement. This should provide information relating to smoke detectors, fire sprinklers, fire safety systems, alarms, and evacuation plans.
The owner must first offer the Withdrawn Unit for rent or lease to the tenant displaced from that unit…if the tenant advised the owner in writing within thirty (30) days of the displacement of the tenant’s desire to consider an offer to renew the tenancy…The displaced tenant shall have thirty (30) days from the deposit of the offer in the mail to accept the offer…
Prior to commencing move out negotiations for a rental unit, an owner shall provide each tenant in that rental unit with a written disclosure on a form prescribed by the city…
No property owner shall interfere with the right of an occupant to obtain communication services from the communication services provider of the occupant’s choice.
Miami Lease Agreement
Long Beach Lease Agreement
Colorado Springs Lease Agreement
Virginia Beach Lease Agreement
Raleigh Lease Agreement
