Tenancy Lawyers In Oakland

The Law Firm For Tenant Rights, Inc. located in Oakland, California, specializes in defending the rights of tenants. They provide comprehensive legal assistance to ensure that tenants are protected against unlawful evictions, rent disputes, and other related issues. With a dedicated team of experienced lawyers, they advocate passionately for fair treatment and justice in all tenant-landlord interactions.

About The Law Firm For Tenant Rights, Inc.

Welcome to The Law Firm For Tenant Rights, Inc. your dedicated legal ally in safeguarding tenant rights in Oakland. With a profound commitment to justice and an extensive background in tenant law, our firm serves as a steadfast advocate for tenants navigating the diverse and dynamic rental landscape of Oakland.

Oakland pulsates with energy, diversity, and resilience. Home to over 400,000 residents, Oakland boasts a rich tapestry of cultures, communities, and stories. Studies have shown that a significant portion of Oakland’s population, often comprising low-income individuals and minority groups, are disproportionately affected by housing instability and landlord abuses.

Despite this, many are unaware of their rights or lack access to legal services tailored to their needs. Our firm aims to bridge this gap by providing dedicated legal representation to those who need it most, ensuring that all Oakland residents have access to fair and equitable housing.

Our Services

At The Law Firm For Tenant Rights, Inc. we recognize the unique challenges that tenants encounter in Oakland’s competitive housing market. That’s why we offer a comprehensive suite of legal services tailored to protect and uphold the rights of tenants throughout the city. Our seasoned team of attorneys provides expert guidance and representation in various areas of tenant law, including:

FAQs

What rights do tenants have under Oakland's rent control laws?

Oakland’s rent control laws afford tenants crucial protections against unjust evictions and exorbitant rent increases. Covered tenants enjoy safeguards such as eviction protections and limitations on rent hikes.

How can I challenge a wrongful eviction in Oakland?

If you’ve been wrongfully evicted, swift legal action is essential. Our team will evaluate your case, scrutinize eviction notices, and mount a strategic defense to safeguard your rights as a tenant.

What recourse do I have if my landlord neglects necessary repairs?

As a tenant, you’re entitled to a habitable living space. If your landlord fails to address repairs, you may have legal options. Contact us to explore avenues for compelling your landlord to fulfill their obligations.

Oakland Eviction Laws For Tenants

Knowing your rights is half the battle, so here are some of the legal protections available to Oakland tenants that you should know about.

1. Just Cause for Eviction (Oakland Municipal Code, Section 8.22.300)

Landlords must provide tenants with “Just Cause” before evicting them. For example, non-payment of rent or owner move-in is considered a “Just Cause”.
The expiration of the lease, or property sale date, is not considered “Just Cause” under Oakland law.
In 2022, under Measure V the law was expanded to cover most rental units built after December 31, 1995, which were previously exempt from these protections.
Newly constructed units that received a certificate of occupancy within the past 10 years are still exempt from these just-cause rules.

2. Notice Requirements & Filing with Rent Adjustment (RAP)

An eviction notice must state the legal grounds and include a statement that the tenant can seek help from the RAP (Oakland’s Rent Adjustment Program.)
Landlords must file a copy of every eviction notice with the RAP within 10 days of service. Failure to do so is a defense tenants can use in an unlawful detainer action.

3. Relocation Assistance & Moratoriums

Tenants evicted for certain no-fault causes (owner move-in, removal from the rental market, conversion, etc.) may be entitled to relocation payments.
In the case of Ellis Act evictions (where landlords remove the rental unit(s) entirely from the rental market), landlords must provide a minimum of 120 days’ notice, which may be extended to one year for certain tenants.
Tenants who have lived in their unit for five years or more and are seniors, disabled, or catastrophically ill may have additional protections against Owner Move-In evictions.

4. Damages & Attorney’s fees for Wrongful Evictions

Suppose a landlord wrongfully evicts a tenant in violation of the Just Cause Ordinance. In that case, a tenant (or the Rent Board) may sue for injunctive relief and damages, including triple actual damages (for emotional distress, etc.).
Tenants are also entitled to reasonable attorney’s fees and costs under the Oakland rent ordinance.

5. State Law Backups: AB 1482 & Tenant Protection Law

For tenants not protected by local rent control, under the California Tenant Protection Act of 2019 (AB 1482), tenants are protected by a cap on annual rent increases (5% plus regional inflation, up to 10% total). They may be evicted for limited reasons.
To qualify, a tenant must have lived in the unit for at least 12 months (or 24 months under certain conditions) to receive “just cause” protection under state law.