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Can a single family home subject to rent control in Oakland ca?

San Francisco, CA |

I rented a single family home to a tenant with low rent due to he promised to helP for some repairs, but he broke his promises and I stuck with the low rent for more than 2 years. Can I increase the rent a lot to force him to move?

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Attorney answers 1


Short answer is no you cannot increase the rent substantially in order to force him to move. Assuming the home in Oakland is rent controlled as you state, you cannot evict the tenant in bad faith or based on ulterior motives. I would argue that raising the rent with the purpose of forcing the tenant to move out is not acting in good faith and the true reason for the eviction would be that the tenant has failed to make the promised repairs. However, you may be able to raise the rent if the house falls within the Costa-Hawkins exemption to the Oakland Rent Adjustment law. Though, depending on the nature of repairs and the condition of the home, you may not want to raise the rent if the house does not comply with the housing code or is in anyway uninhabitable. Having said that, there may be other grounds for eviction in your situation.

I am NOT giving you legal advice. Nothing stated here should be construed to establish any sort of attorney-client relationship. My opinion stated here is limited by the information available to me. You should not rely on my statements in determining your course of action.