The San Leandro Rent Ordinance’s rent control limitation (“San Leandro Rent Control”) keeps San Leandro tenants housed by limiting rent increases to reasonable amounts.  For units protected by San Leandro Rent Control, the landlord may not increase in a single year by the rent by the lesser of three (3%) percent or sixty-five (65%) percent of CPI, based on the rent in effect on July 1, 2025.

Please note that San Leandro Rent Control does not apply to units in buildings containing a certificate of occupancy issued after February 1, 1995.

What is A San Leandro Tenant?

The law defines tenant as any person with the legal responsibility of paying rent, provided the lease is valid.  San Leandro Municipal Code § 4-46-105.

What Rental Units Does San Leandro Rent Control Cover?

Only covered units, defined by the ordinance as, “dwelling Units,” are protected by San Leandro Rent Control.  San Leandro Municipal Code § 4-46-105.  Dwelling Units are structures or, “part[s] of…structure[s]…used as a home, residence, or sleeping place [by people].”  Id.  Relatedly, it is also important to note that the law defines duplex as, “two dwelling units…in a single building or on a single parcel.”  Id.  But, the law does not define exactly what constitutes an accessory dwelling unit.  The law exempts the following rental units from coverage:

• Accessory dwelling units, which are not defined by this law;
• Subsidized rental units or units regulated by federal law or by regulatory agreements with the city, Alameda County, a California Joint Powers Agency, or any agency, department, or political subdivision of the State of California or the Federal Government;
• Rental units owned by any public agency, such as the Housing Authority of County of Alameda;
• Rental units rented or leased to transient guests for thirty (30) or fewer consecutive days;
• Rooms in hotels, motels, inns, tourist homes, short-term rentals, rooming or boarding houses, provided that such rooms are not occupied by the same occupant or occupants for more than thirty (30) consecutive days;
• Rooms in any hospital or in a facility for assisted living, skilled nursery, convalescence, or extended care;
• Rooms in a covenant, monastery, fraternity or sorority house, or in a building owned, occupied, or managed by a bona fide education institution for occupancy by students;
• Rooms in a building or in a rental unit where the primary use is providing short-term treatment, drugs, alcohol, or other substance abuse rehabilitation, and the room is incident to the recovery program provided the occupant is informed in writing of the temporary or transitional nature of the arrangement at the occupancy’s inception;
• Rooms in a building or rental unit that provide a structured living environment that has the primary purpose of helping formerly homeless persons obtain the skills necessary for independent living in permeant housing and where occupancy is limited to a specific period of time provided the occupant has been informed in writing of the temporary nature of the arrangement at the occupancy’s inception;
• Mobile homes or mobile home lots subject to San Leandro Municipal Code Chapter 4-39;
• Rooms in a facility that require, as part of that person’s occupancy and use of the room, intake, case management, or counseling, and also require an occupancy agreement;
• Rental units where the landlord owns the rental unit, occupies the rental unit as their primary residence, and shares the kitchen or bathroom with one (1) or more San Leandro tenant;
• Any part of a Dwelling Unit where a San Leandro tenant has allowed or permitted a person to use or occupy such part of the Dwelling Unit but that person is not a tenant as defined by this law;
• Dwelling Units with a certificate of occupancy was issued after February 1, 1995;
• Dwelling Units that are, exempli gratia, condominiums;
• Duplexes, as defined by the law, where the landlord occupies one of the units as their primary residence;
• A rental unit which is not the San Leandro tenant’s primary residence;
• Any other unit required to be exempt under state or federal law. San Leandro Municipal Code § 4-46-110.

Please note that uncovered units in San Leandro may be covered by California Rent Control.

Under San Leandro Rent Control, How Much Can A Landlord Increase the Rent?

A landlord may only increase a San Leandro tenant’s rent annually by either sixty-five (65%) percent of the annual percentage change in the CPI for the twelve (12) month period ending in April each year, rounded to the nearest one-tenth of a percent (0.1%), or three (3%), whichever less.  San Leandro Municipal Code § 4-46-115(A).

The City of San Leandro shall publish the rent limitation amount annually on or before May 31^st.  San Leandro Municipal Code § 4-46-115(B).  The landlord may serve a rent increase so that the increased rent takes effect on or after July 1^st that year.

It is also important to note that the landlord may only increase the rent once in twelve months.  San Leandro Municipal Code § 4-46-115(C).

Does San Leandro Rent Control Prohibit Increases to Ancillary Charges?

Yes, where a rent agreement in a covered unit converts to a month-to-month agreement, the landlord may not: (1) Unbundle any of such charges or fees during the term or once the agreement converts to a month-to-month tenancy; or, (2) Increase any of such charges or fees except for increased charges paid directly to the landlord for utilities that are separately metered or for utility charges that are pro-rated pursuant to a specified cost allocation system.  In the event the parties to the written lease agreement renew the rental agreement, to the extent the landlord unbundles or increases any of the ancillary charges or lists them separately in a new or renewed rental agreement, or in the terms of a revised month-to-month tenancy, the amount of such charges or fees shall be included in calculating the Maximum Allowable Rent.  In the event that a San Leandro tenant requests housing services that were not included in an existing rental agreement, or month-to-month tenancy, such as a parking space or storage space, or to the extent that utilities are separately metered or the amount of such utility charges are pro-rated among the tenants pursuant to a specified cost allocation system but the charges are paid directly to the landlord, such fees for Housing Services or charges for utilities shall not be included in calculating the annual allowable rent increase.

Does San Leandro Rent Control Provide for Rent Increase Banking?

No, San Leandro Rent Control does not provide for rent increase banking.  San Leandro Municipal Code § 4-46-115(F).  The landlord must impose each annual rent increase on the tenant each year, or they waive the allowable annual rent increase, in toto or pro tanto.

Are Rent Increase Notices Valid Where the Landlord Is In Delinquency With the City of San Leandro Rent Program?

No, rent increase notices are not valid where the landlord is delinquent in registry fees, accrued interest, fines, or penalties.  San Leandro Municipal Code § 4-46-115(G).

Are Rent Increase Notices Valid Where the Dwelling Unit is Not Registered With the City of San Leandro’s Rent Program?

No, rent increase notices are not valid where the Dwelling Unit is not registered with the City of San Leandro’s Rent Program.  San Leandro Municipal Code § 4-46-115(G).

How May San Leandro Tenants Respond When Served With An Unlawful Rent Increase That Violates San Leandro Rent Control?

San Leandro Tenants have several options when served with an unlawful rent increase that violates San Leandro Rent Control.

First, they may communicate with their landlord or property manager to try and resolve the matter informally.  If that does not result in an amicable resolution, the San Leandro tenant may consider petitioning the City of San Leandro for a decreased rent by filing a Tenant Petition for Rent Decrease.  San Leandro Municipal Code § 4-46-125.  Prior to filing the petition, the San Leandro tenant must inform the landlord, in writing, of the matter so that the landlord has an opportunity to correct the issue.  Id.  San Leandro tenants may obtain a blank Tenant Petition from the City of San Leandro.  Id.  They also must pay a fee when filing the petition.  Id.  Please note that the tenant may only file one (1) petition in twelve (12) months.

After the landlord has a chance to respond to the petition, the City of San Leandro may schedule the matter for hearing within ninety (90) calendar days from the day the City accepts the San Leandro tenant’s petition.  San Leandro Municipal Code § 4-46-125(F).  The City may attempt to mediate a resolution of the petition, and may require the parties to attend at least one mediation session.  San Leandro Municipal Code § 4-46-125(E).

During the hearing, the hearing officer considers evidence submitted by the parties.  San Leandro Municipal Code § 4-46-125(I).  The parties may seek assistance from attorneys, tenant organizations representatives, or other persons.  San Leandro Municipal Code § 4-46-125(K).  Following the conclusion of the hearing, the hearing administrator has thirty (30) days of the close of the hearing, to make a determination, based on the preponderance of the evidence as to the San Leandro tenant’s downward adjustment.  The Hearing Officer shall publish their findings in a statement of decision to be provided to both parties.  San Leandro Municipal Code § 4-46-125(L).

The decision is final and the rent adjustment takes effect immediately.  San Leandro Municipal Code § 4-46-125(M).  However, either side may seek judicial review, in the form of a writ of mandate, within sixty (60) days of the Hearing Officer’s decision.  San Leandro Municipal Code § 4-46-125(M).  The petitioning party must serve the Program Administrator with the judicial filing.  Id.  The rent adjustment remains in effect through the judicial appellate process.

And, the San Leandro tenant may also file a complaint in the California Superior Court system.  In such a lawsuit, the San Leandro tenant may recover overpaid rent, seek a rent adjustment via a declaratory relief order, obtain statutory penalties, and possibly even recover their attorney fees.

May San Leandro Tenants Redress the City of San Leandro for Decreases in Their Housing Services?

Yes, San Leandro tenants may file a Petition for Rent Decrease with the City of San Leandro when they suffer a decrease in housing services.  San Leandro Municipal Code § 4-46-135(A).  A decrease in housing service is considered a rent reduction.  Id.  Where the landlord fails to reduce the rent after obtaining notice of any decreased housing service, the tenant may petition the City for a rent reduction.  Id.  In making an individual downward adjustment of rent, the hearing officer may consider decreases in Housing Services – such as repairs, replacement, maintenance, effective waterproofing and weather protection, painting, providing light, heat, hot and cold water, elevator service, window shades and screens, laundry facilities, janitorial services, refuse removal, computer technologies, and entertainment technologies -, living space, or amenities, substantial deterioration of the rental unit other than as a result of ordinary wear and tear, the landlord’s failure to comply substantially with applicable housing, health, and safety codes, or the landlord’s failure to comply with this Chapter.  San Leandro Municipal Code § 4-46-135(A).

Does San Leandro Rent Control Require Landlords to Serve Any Informational Notices?

 Yes, San Leandro Rent Control requires landlords to serve at least two (2) types of written notice on San Leandro tenants. First, the landlord must serve an initial written notice drafted by the City of San Leandro to prospective tenants (or applicants) informing them that the Dwelling Unit is subject to San Leandro Rent Control.  San Leandro Municipal Code § 4-46-140(A).  Alternatively, the applicant may consent in writing to receiving notice via the City of San Leandro’s website.

Second, when serving a rent increase notice, the landlord must also provide notice requiring San Leandro Rent Control law as it pertains to allowable rent increases.  San Leandro Municipal Code § 4-46-140(B).  The form is published by the City of San Leandro.  Id.

Does San Leandro Rent Control Address Tenant Buyouts?

A buyout agreement is not an eviction or a termination of tenancy.  Rather, a buyout agreement is a contract.  In exchange for a tenant voluntarily agreeing to vacate their home, the landlord agrees to make a monetary payment.  Buyouts are optional and, to the extent not prohibited by law, the terms are negotiable.  This means the vacate date, payment, and other terms of the agreement are completely negotiable.  San Leandro tenants are free to refuse to enter into buyout negotiations, negotiate the agreement themselves, or retain an attorney to try and reach a deal.  Although buyout agreements are negotiable contracts, San Leandro Rent Control protects San Leandro tenants by regulating certain aspects of the buyout negotiation and agreement process.

Before offering a buyout, the landlord must serve a San Leandro tenant with a written disclosure document.  San Leandro Municipal Code § 4-46-145(A).  That document, drafted by the City, sets forth the San Leandro tenant’s rights concerning the potential buyout agreement, including:

• The right not to enter into a buyout agreement;
• The right to consult an attorney and the right to revise the buyout agreement before executing the agreement;
• The right to consult with the City of San Leandro’s Program Administrator regarding the buyout agreement; and,
• The right to rescind the buyout agreement any time up to thirty (30) calendar days after the tenant has executed the Buyout Agreement. San Leandro Municipal Code § 4-46-145(A).

After all parties have executed the buyout agreement, the landlord must provide the San Leandro tenant with a copy of the buyout agreement.  San Leandro Municipal Code § 4-46-145(C).  They must also file the buyout agreement with the City of San Leandro within three (3) calendar days after all parties have executed the agreement.  Id.

Where a buyout agreement does not satisfy these terms, or the landlord fails to comply with the law, the agreement is not effective.  San Leandro Municipal Code § 4-46-145(B).  And, the San Leandro tenant may rescind the agreement at any time.  Id.  Please note, the San Leandro tenant must hand deliver, email, or sent via U.S. Mail, a statement to the landlord that the tenant rescinds the agreement.  Id.

Does San Leandro Rent Control Prohibit Retaliation?

Yes, San Leandro Rent Control prohibits retaliation against any San Leandro tenant that asserts or exercises a right provided by this law. San Leandro Municipal Code § 4-46-150.  Retaliation, as defined by the law, includes, but is not limited to, taking action to terminate a tenancy unlawfully, reducing housing services, or increasing the rent.  Id.

May San Leandro Tenants Waive Any Portion of San Leandro Rent Control?

No, any wavier of San Leandro Rent Control is against public policy and is void.  San Leandro Municipal Code § 4-46-155.

What Penalties & Remedies May San Leandro Tenants Obtain for Violations of San Leandro Rent Control?

San Leandro tenants may obtain remedies in a civil action against their landlord for violations of San Leandro Rent Control.  San Leandro Municipal Code §§ 4-46-150, 4-46-160, and 4-46-165.  In a civil action for unlawful rent increase, retaliation, constructive eviction, or wrongful eviction, a San Leandro tenant may recover actual damages, treble damages, and/or injunctive relief.  Id.  As to any attempt to wrongfully recover possession, the landlord may also be liable for emotional distress damages and injunctive relief.  San Leandro Municipal Code § 4-46-160.  The ordinance also provides for costs and reasonable attorneys’ fees.  San Leandro Municipal Code §§ 4-46-150, 4-46-160.

When Does San Leandro Rent Control Take Effect?

January 1, 2027.  San Leandro Municipal Code § 4-46-190.