Oakland Tenant Protections Against Evictions: What You Need to Know
Between local Oakland ordinances, Alameda County ordinances, new state-wide policies and the CDC’s guidelines, Oakland renters have many new protections to prevent eviction. That’s great news, but we know that all these changes can get confusing. Keep Oakland Housed is here to provide you with clear answers about your new tenant protections. We’ve created this detailed guide to help you stay housed during this challenging time.
Here are some of the most common questions we’re hearing from the community:
Q: Can I be evicted right now?
A: The city of Oakland prohibits all evictions from March 27, 2020 to the end of the Local Emergency unless the eviction is based on the Ellis Act or a health or safety issue. That means that for now, you can’t be evicted for not paying your rent if you are an Oakland tenant.
Q: Do I still owe my rent even if I can’t be evicted for not paying it?
A: Yes. The rent you missed will not be canceled or forgiven. It’s a good idea to pay as much of your rent as you can. After the eviction moratorium lifts, landlords will be able to sue you for outstanding rent in small claims court. EBCLC and other agencies will provide legal support to tenants facing small claims cases over unpaid rent in 2021.
Q: Why are some people saying I need to pay 25% of my rent?
A: The new state law AB-3088 makes a distinction between rent missed from March 1, 2020 – August 31, 2020 and rent missed from September 1, 2020 to January 31, 2020. If you can’t make your full rent payment between September 1, 2020 to January 31, 2020, the best way to protect yourself from eviction is to pay at least 25% of the rent. If you don’t, you will have fewer protections from eviction starting February 1, 2021.