Wrongful Eviction

In accordance with Oakland rental ordinance, this occurs when a landlord willfully and intentionally forces or coerces a tenant out of a rent-controlled unit. 

An eviction is unlawful if: 

• A tenant leaves a rent-controlled unit upon receiving  an illegal eviction notice
• A tenant is forced to leave due to a landlord shutting off utilities or locking a tenant out
• A tenant is forced to  leave due to a substantial habitability issues, such as rodent infestations, sewage leaks, flooding, or a lack of adequate heating
• A tenant is forced to leave their unit due to harassment by a landlord or other tenant
• A landlord increases the rent of a unit above the allowable, annual increase amount
• A landlord changes the locks, or other similar methods, to prevent a tenant from gaining reasonable access to their home
• A landlord evicts a tenant for complaining to a health inspector or other government entity for unsafe conditions in the home
• A landlord fails to move into a unit following an owner move-in eviction
• A relative fails to move into a unit following a relative move-in eviction

An eviction may not be wrongful if:

• A tenant does not pay their rent on time
• A tenant uses the property for illegal activity
• A tenant breaks their rental agreement and fails to fix it
•  A tenant damages the property extensively enough to bring down its value
• A tenant becomes a public nuisance by disturbing other tenant