Do You Have Unpaid Rent from the Moratorium? Here’s What You Need to Know
- A renter cannot be evicted for not paying the back rent that came due during the Alameda County eviction moratorium.
- A prospective landlord cannot use unpaid rent that came due between March 2020 and September 2021 as a negative factor in evaluating a rental application.
- However renters must pay back rent that was unpaid during the Alameda County eviction moratorium period (March 24, 2020 through April 29, 2023) within 12 months from when the rent became due.
- A landlord may seek to recover back rent through the court system.
Eviction Protections Under State Law
- You can ONLY be evicted by your landlord if the landlord has a just cause. Once renters have lived in a unit for 12 months (or 24 months if additional renters move in), you can only be evicted under certain circumstance including:
- Failure to pay rent after April 29, 2023.
- Violating the terms of the lease.
- Creating a nuisance or waste.
- Subletting in violation of the lease.
- Landlords must provide you with notice of the violation and opportunity to correct the violation before evicting you.
- You are entitled to one month’s rent if you are evicted to allow the owner or their relative to move into the unit or to take the unit off the rental market.
- Residents of Oakland, Berkeley, Alameda, Hayward are subject to different eviction rules.
See a list of the complete eviction protections under state law.
Protections Against Retaliation & Harassment
- Your landlord cannot evict you for complaining to them about unsafe or illegal living conditions, such as leaky faucets, no hot water, nonfunctional or missing exterior door locks, broken windows, lack of heat, insect or rodent infestation, malfunctioning appliances, or non-functioning smoke detectors.
- Your landlord cannot evict you for reporting unsafe or illegal living conditions to government agencies.
- Your landlord cannot retaliate against you by failing to remedy unsafe or illegal living conditions.
- Your landlord cannot harass you. Types of harassment prohibited by state law include:
- Being violent towards you or making credible threats of violence.
- Removing your belongings from your rental unit.
- Threatening to report you to immigration authorities.
- Shutting off power, heat, or water to your unit (when not required for maintenance or repair).
- Locking you out of our unit.
- Removing doors or windows.
- You landlord cannot enter your unit except for specific reasons defined by law and must provide notice of when they plan to enter and why they are entering.
State & Local Laws Limit Rent Increases
- Under state law, landlords cannot raise rent for most rental units by more than 5% plus the Consumer Price Index or 10%, whichever is lower. For 2023, the allowable rent increase under state law is 10% .
- Under local rent control laws (e.g. in city of Alameda, Hayward, Oakland and Berkeley), the rent increase limit is lower
- Renters in unincorporated areas of Alameda County are entitled to a mediation hearing for rent increases.
- Renters in Fremont are entitled to a rent review process for any rent increase over 5% through the City.
Single Family Homes
- Renters of single-family homes (vs. multifamily buildings) are entitled to all of the above protections if the home is owned by a corporate entity, such as an LLC.
- Renters of all single family homes are protected against harassment and retaliation.
- Renters of all single family homes with accrued rental debt during the eviction moratorium are also protected.
Breaking Down Common Misconceptions
Submit a Fair Housing Act Complaint
Request a Rent
Read the Eviction
* The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. For advice on your specific circumstance, consult an attorney.