Remedy for a Lease Violation

Post date: Aug 03, 2016 12:4:1 AM

(Measure EE, Codified in the Oakland Municipal Code at 8.22.300, et seq.)

In Oakland, if your tenant is in breach of their contract or they are in violation of their lease, the landlord has to take the proper steps to notify them before they can proceed with an Unlawful Detainer.

• 1. The landlord must first serve a "warning notice", also known as the 7 Day Notice to Cease. 

     1. The time to "cease" must give the tenant at least 7 days, but can be reduced to 24 hours if the violation presents an immediate and substantial danger.

     2. This notice must state:

                                                    i.     The term of their tenancy or Just Cause Ordinance they are violating;

                                                  ii.     In detail, the tenant’s conduct that is in violation of the terms of their tenancy;

                                                 iii.     The date(s) or approximate date(s) when the violation occurred.

                                                 iv.     If the violation is repeated, not stopped, or not cured, the landlord may proceed with an unlawful detainer against the tenant.  If the violation can be cured, the date when the violation must be cured or a notice of termination of tenancy may be given. The tenant must be given a reasonable opportunity to cure the violation.

• • 1. Service of Notice – see Proof of Service.

                                                    i.     Notice effective immediately – by personally delivering.

                                                  ii.     Notice effective immediately – by posting a copy of the notice in a conspicuous place, if there was no person of suitable age or discretion to be found AND mailing a copy addressed to the tenants.

                                                 iii.     Notice effective 5 days after it is mailed – by leaving a copy of the notice with a person of suitable age and discretion at either home or place of business of the tenants AND mailing a copy addressed to the tenants.

                                                 iv.     Notice effective 5 days after it is mailed – notice is delivered by certified or registered mail only.

• 1. If the tenant doesn't cease within the time frame, the landlord must now serve a 3 Day Notice to Cure the Violation. It MUST:

     1. Have the specific Oakland language on the notice.

     2. State specifically the term of their tenancy they are violating

     3. State the date(s) or approximate date(s) when the violation occurred, and

     4. Any witness(es) to the violation.

     5. Serve one of the ways listed on the Proof of Service.

     6. Within 10 days of service, a copy of the notice of termination and any accompanying materials must be filed with the rent board via drop off or mail to the Rent Board to250 Frank J Ogawa Plaza, STE 5313, Oakland, CA 94612, or by fax to (510) 238-6181.

  2. If the tenant still doesn’t comply, the landlord may now file an Unlawful Detainer.

• 1. For further information, you may visit the Oakland Residential Rent Adjustment Program website at http://www2.oaklandnet.com/Government/o/hcd/o/RentAdjustment/

     1. You may review the full copy of Regulations for the Just Cause For Eviction Ordinance (Measure EE, Codified in the Oakland Municipal Code at 8.22.300, et seq.) on their website.