| State law mandates that California
landlords must give certain tenants at least a 60-day notice (previously
30-day notice) before forcing them to vacate a unit without cause. To be
eligible for the 60-day notice period, tenants must have resided in the rental
unit for at least a year. (This law does not apply to property owners who are
selling their property. In such a case, a tenant would be given a 30-day notice
within a four month window that begins when escrow opens.)
In Alameda, if the landlord simply wants to evict the tenant, even though the tenant has not broken any rules of the rental agreement, s/he can give the tenant a 30/60-day notice. Only in cities where a just cause provision exists in their rent control ordinance must a landlord provide a reason to evict a tenant.
A Notice of Termination of Tenancy can be served on the tenant on any day of the month, unless the rental agreement requires it to be served on a certain day.
The landlord cannot evict a tenant for reasons of discrimination or retaliation. Also, a landlord may not give a notice to terminate a tenancy in order to rehabilitate a rental unit without first obtaining a building permit when one is required.
A number of local ordinances apply to Oakland. Click here for information regarding evictions in Oakland.
Click here for information on evictions in Section 8 Housing.
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