Termination Of Contract With Cause In Oakland
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The Ellis Act is a state law (Government Code Section 7060 et. seq.) designed to allow landlords to get “out of the rental business.” In order for Ellis evictions to be approved, landlords must remove all units within a building from the rental market for five years. It cannot be applied to just a single unit.
If you have lived in the rental unit for less than one year, then you will receive a 30-day notice to quit, which gives you 30 days to move out of the rental unit.
If your tenant won't fix the problem or move out, you'll have to go through the court to get an order for them to move out. The eviction process can take 30 - 45 days, or longer. The time starts from when you have eviction court forms delivered to your tenant to the time they must move out.
Just Cause is Required for Eviction (Oakland Municipal Code, Section 8.22. 300) Material violation of rental agreement after written notice to stop. Causing substantial damage to the unit. Tenant continues to disturb the peace and quiet enjoyment of other tenants after written notice to stop.
If you don't do what your landlord asks, they can start an eviction case to ask the judge to order you to move out. After the landlord gives you the Notice it can take 30-45 days, or longer, for the eviction case to end. If you lose the case, the judge can order you to move out of your home.
As of 2019, it was $6,985.23 per tenant, with an additional $4656.81 per disabled or elderly tenant, capped at $20,955.68 per unit.
The Ellis Act is a provision in California Law that provides landlords in California with a legal way to "go out of business" short of selling the property to another landlord.
The city has long limited rent increases to 60% of CPI, and starting in 2022, Oakland passed an ordinance capping rent increases at 3% if the CPI increase exceeds that rate. Landlords can't raise rent more than once a year, and they need to inform tenants in writing 30 days prior to any increase going into effect.
Just cause termination refers to an employer's right to terminate an employee for a valid reason, such as serious misconduct or repeated violations of company policies, without providing severance or other compensation.
