The Eviction Moratorium - Get your quick answers here!
FAQ - East Bay Eviction Moratoriums
Updated May 22, 2023
When do Eviction Moratorium (EM) protections end throughout the East Bay for unpaid rent?
For ALL Contra Costa County (except Richmond, El Cerrito), September 30, 2021. Protections were extended provided the renter applied for rental assistance and/or paid 25% of back rent owed between October 1, 2021 through March 31, 2022.
Richmond: April 29, 2023
El Cerrito: February 28, 2023
For ALL Alameda County (except Berkeley, Oakland, San Leandro), April 29, 2023.
Berkeley: August 31, 2023
Oakland: July 15, 2023. New late rent and damage provisions take effect.
San Leandro (Incorporated): July 31, 2023. Unincorporated April 29, 2023
*The State of California provided eviction protections for unpaid rent until June 30, 2022 for municipalities without their own local Eviction Moratoriums. In most cases, renters must have applied for rental assistance by March 31, 2022 and/or paid 25% of the rent owed between October 1, 2021 through March 31, 2022. Between March 2020 and September 2021 is referred to as the Covid-19 protected period in which evictions for nonpayment of rent were prohibited in the state.
Did Alameda County’s EM provisions include properties in Oakland less than 10 years and thus remained in place until 4/28/23?
All units were subject to the Alameda County Moratorium. Units that are not required to pay the RAP fee or were built within the last ten years are not subject to the Oakland Eviction Moratorium. Properties less than 10 years old may proceed with Three-Day/ Pay or Quit notices for non-payment of rent beginning May 2023.
Can I start demanding renters to pay rent?
Yes, except for Berkeley, Oakland, and San Leandro (see below) - Beginning May 1, you can return to how you managed housing provider-renter relationships in a pre-pandemic world in terms of demanding rent. For Berkeley, Oakland and San Leandro, EBRHA recommends continuing efforts to ONLY notify renters of unpaid rent balances and DO NOT issue demand notices until the end of these municipal moratoriums – provided all other local provisions are engaged.
When can I increase rent in Oakland beyond the 60% of CPI allowed amount (max 3%)?
Not until next year - July 1, 2024
60% of CPI (max 3%) is allowed. Anything over 3% is not allowed: Banked rents and CapEx pass through. You can still petition the RAP for Cap Ex pass throughs at any time.
What are common mistakes do property owners make when pursuing small claims?
Filing a claim before the 12 months wait period in Alameda County.
Demanding more rent than what is legally due.
Failure to correct any habitability issues.
Improper service of the notice.
Using bad, stale, or templated notices.
Depositing a future rent payment after the unlawful detainer action has commenced. THIS IS NOT A SC ISSUE. ONLY EVICTION RELATED
Other issues abound - consult an attorney.
Can I charge late fees in Oakland?
Yes and No. If a tenant states a Covid related reason you can’t charge late fees until July 15, 2023. Otherwise, Yes. You also have the right to demand supporting documentation of a COVID-related reason.
Can I evict my renter for unpaid rent during the Eviction Moratorium?
No. Rent debt owed during certain periods CANNOT be used as a basis for eviction. We do, however, have a fresh start beginning May 1, 2023. (Berkeley, Oakland, San Leandro have different provisions, see above)
How can I collect unpaid back rent after the Eviction Moratorium ends?
Contact an attorney to discuss your specific scenario..Here are the most common options:
Rent Repayment Agreement
Small Claims Court
While there are calls for new governmental funds to “make property owners whole,” there are no definitive answers where this funding will come from or how it will be dispersed. Be careful, rent debt may not be recoverable through the traditional 3-Day Notice to Rent or Quit process – converted to consumer debt and recoverable typically through Small Claims Court (no attorney necessary) or Superior Court (attorney necessary). Remember, there is a 12 month waiting period in Alameda County through April 29, 2023.
In Oakland, after the Eviction Moratorium ends on July 15th, what can I do if my rent is late?
You cannot evict where the amount of rent demanded is less than one month of fair market rent for a unit of equivalent size in the Oakland metro area as determined by HUD. Example: Fair market rent for a 1-bedroom unit is $1,969. The tenant's rent is $900 per month. Assuming they pay nothing, they won't exceed the $1,969 until after the beginning of the third month after the rent becomes due. Additionally, proper renter notices, 30-day or 60-day notifications, and Just Cause Ordinance provisions must be engaged. Contact Oakland RAP or EBRHA for more information.