Oakland Tenant Protection Ordinance (Anti-Harassment)

Not legal advice. We’re property managers, not attorneys. This post reflects our professional experience — not legal counsel. For your specific situation, consult a licensed attorney ↓

Key Facts

Oakland's Tenant Protection Ordinance bars bad-faith harassment of tenants, caps late fees at 3% of rent, limits removing parking or storage, and requires owners to give every tenant a TPO notice.

Citation
Oakland Municipal Code §§ 8.22.600–8.22.680 (Art. V)
Status
In force
Jurisdiction
Oakland
Applies to
Owners of nearly all Oakland rental units, including units exempt from rent control and just cause
Key numberValueAs of
Late fee cap3% of monthly rent, only after rent is 5+ days late (leases from Apr 16, 2020)Oct 5, 2026
Repeat buyout offersNo more than once in 6 months after a written request to stopOct 5, 2026
Minimum tenant damages$1,000 per violation, $2,000 elderly or disabled, $2,500 catastrophically ill, or 3x actualOct 5, 2026
Time to sue3 yearsOct 5, 2026

Last reviewed Oct 5, 2026 · Checked against the official text

What it requires

  • Don’t, in bad faith, cut or threaten housing services, skip required repairs, abuse the right of entry, remove a tenant’s belongings, refuse lawful rent, or use fraud, threats, or misrepresentation to get a tenant to leave.
  • Respect privacy: no recording the unit’s interior, no unreasonable questions about relationships, criminal history, or overnight guests, and no requests for immigration or citizenship status unless the law requires it.
  • Don’t impose new material lease terms on an existing tenant unless the law allows it or the tenant agrees in writing after being told they don’t have to.
  • Don’t sever parking, storage, laundry, decks, patios, or gardens without good cause. On rent-controlled units, a permitted severance needs a matching rent reduction.
  • Give every tenant the TPO notice (in the RAP notice for covered units, or the City’s form otherwise), and post it in an interior common area if the building has one.

Owner checklist

  • TPO notice given at move-in
  • Common-area notice posted
  • Late fees in the lease, 3% maximum, only after 5 days
  • Written record of any request to stop buyout offers

From our East Bay files

We include the TPO notice with every Oakland lease, and again with any lease extension or rent increase. Late fees post only after the 5th of the month, in line with the ordinance's rule that rent must be five or more days overdue.

All East Bay Properties, Emeryville

Article provided for general informational purposes only and does not constitute legal advice. California landlord-tenant law is subject to change, and local ordinances in Berkeley, Oakland, and other East Bay cities may impose requirements beyond those described here. Consult a licensed attorney or qualified property management professional before taking action based on any information in this guide.

Jason Crouch · Founder, All East Bay Properties · CA DRE #01295378 · Licensed broker and East Bay property manager since 2005
Jason Crouch · Founder,
All East Bay Properties

Jason Crouch is the founder of All East Bay Properties, which he established in Emeryville in 2005. For more than 20 years, he has managed residential rental properties across Oakland, Berkeley, Emeryville, and the broader East Bay — navigating some of California’s most tenant-protective rental markets in the country.

Jason holds a California real estate broker license (DRE #01295378) and is a member of the National Association of Residential Property Managers (NARPM) — the professional association for property management specialists — and is a member of the Bridge Association of Realtors. He has served as Chair of the Emeryville Chamber of Commerce, as incoming Chair of the Oakland Association of Realtors, and on the board of BridgeMLS. He was also a board member of ECAP, the Emeryville Citizens Assistance Program.

Need a Hand?

📬 Get the Thursday Tip + Free Rental Rules Cheat Sheet

A quick-reference guide to California and East Bay rental rules for 2026.
One practical East Bay housing insight, delivered weekly by email.

* required

🇺🇸


No spam. Unsubscribe anytime.
View past tips