Hayward Rent Control, Rent Review and Eviction Rules for Landlords and Sellers

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Last updated November 13, 2026. Reviewed by the Cash Home Buyers CA team.

Hayward limits most annual rent increases on older rentals to 5 percent under its Residential Rent Stabilization and Tenant Protection Ordinance, and it requires a stated just cause to end almost any tenancy. The ordinance (Ordinance No. 19-12) took effect on July 25, 2019 and sits in the Hayward Municipal Code at Chapter 12, Article 1.

This guide explains which units it covers, how banked and capital improvement increases work, what the city’s Rent Review process involves, and what a Hayward landlord or heir should check before selling a rental.

Hayward rent rules at a glance

Local law	Residential Rent Stabilization and Tenant Protection Ordinance (RRSO), Ordinance No. 19-12, effective July 25, 2019
Units with rent limits	Units built before July 1, 1979, subject to exceptions such as single-unit properties exempt under Costa-Hawkins
Annual increase	Once in any 12-month period, up to 5 percent of the current rent
Banked increases	Unused annual increases can be carried forward up to 10 years; annual plus banked increase may total no more than 10 percent
Just cause and anti-harassment	Apply to almost all rental units, not only pre-1979 units
Rent Review Office	777 B Street, 2nd Floor, Hayward; (510) 583-4454; housing@hayward-ca.gov
Annual program fee	Due by August 31; half may be passed through to the tenant

Which Hayward rentals have rent limits

According to the city’s summary of the ordinance, the rent increase limits apply only to certain covered units, and those are units built before July 1, 1979.

The summary lists major exceptions: single-unit properties that state law exempts under the Costa-Hawkins Rental Housing Act, owner-occupied properties with a legal accessory dwelling unit such as a converted garage, affordable units with other rent controls, hospitals, care facilities and transitional housing, motels, hotels and boarding houses, and non-profit cooperative units owned or occupied by most of the owners.

The Attorney General’s chart of local ordinances describes the same 1979 certificate-of-occupancy cutoff and the 5 percent annual figure.

Notice what this means for a typical owner. A single-unit property that state law exempts can fall outside the local rent limits, but the tenant protections in the same ordinance are broader than the rent limits, so a house rented in Hayward can still carry just cause and anti-harassment duties.

How increases work: annual, banked, capital improvement and fair return

A landlord may raise the rent once in a 12-month period by 5 percent or less of the tenant’s current rent.

If a landlord skips an increase, the unused part, up to 5 percent per year, is “banked” and can be added to a later annual increase, but the total of the annual and banked increase may not exceed 10 percent of the current rent.

Banked increases expire after 10 years, and a landlord who relies on banking must give the tenant a copy of the rental history.

The ordinance also allows a capital improvement pass-through. The improvements must be finished and paid for, the city must approve the amount, and the landlord must ask within 24 months of completing the work.

The summary says the pass-through cannot exceed 10 percent of the current rent, recovers only half of the cost, and must come off after half the cost is recovered. A landlord can also petition for a fair return increase above 5 percent by providing evidence of costs and income.

Vacancy changes the picture. After a non-voluntary vacancy, a landlord can raise the rent up to 5 percent of the previous tenant’s rent. After a voluntary vacancy, the landlord can set the initial rent without limitation, in line with state law.

Rent Review: how disputes are resolved

Hayward calls its dispute process Rent Review.

A tenant starts it by filing a petition with the Rent Review Office within 30 days after receiving notice of an annual increase above 5 percent, a banked increase, a utility cost increase of more than 1 percent of the rent, a reduction in housing services, or a health, safety or repair problem the landlord will not fix.

A landlord petitions to exceed the 5 percent or 10 percent thresholds for a fair return, or to set a capital improvement pass-through. Cases go to voluntary mediation first, and if mediation fails or is waived by both sides, to arbitration, where the landlord must show that the increase follows the ordinance.

The city’s summary says there is no extra fee for Rent Review beyond the annual service fee.

Just cause, harassment and source-of-income rules

Landlords must state a legal reason for ending a tenancy on the notice, and the city lists the permitted reasons.

They include not paying rent, ignoring lease terms after written notice, serious damage, refusing a substantially similar new lease, refusing lawful entry, repairs that cannot be done with the tenant in place, demolition, owner or family move-in (not allowed when a similar vacant unit is on the property), illegal use of the unit, threats to others, loss of employment where housing came with the job, and reasons allowed under state or federal law. A notice that omits the reason can be a defense to the eviction.

The ordinance also lists prohibited landlord conduct, such as cutting services, abusing access, threats that include threats about immigration status, refusing rent, and repeated buyout offers within six months after the tenant says no in writing.

The summary sets a minimum fine of $1,000 for retaliation or harassment, and $5,000 where the tenant is a senior, a veteran or a person with a disability.

Landlords may not refuse an applicant because of source of income, including Section 8 vouchers, and a tenant can recover three times the monthly rent plus damages and fees.

Paperwork Hayward landlords must keep up

A landlord must give each tenant a copy of the ordinance or its summary and a notice identifying which sections apply to the unit.

A copy of every rent increase notice and every notice terminating a tenancy must reach the city within 30 days, and the city can cite a landlord for each missed copy.

The annual Residential Rent Stabilization fee is due by August 31; half can be passed through, and if the fee is not paid the landlord is not entitled to a rent increase and the tenant can raise the failure as a defense to an eviction. The fee amount is in the city’s Master Fee Schedule.

What this means if you want to sell a Hayward rental

A sale does not end a tenancy. A buyer who takes a Hayward rental takes it subject to the lease and to the ordinance, so missing paperwork or an improper past increase can follow the property.

Before listing or accepting an offer, gather the lease, the rent history, every rent increase and termination notice and proof that the city received copies, plus the annual fee payments.

A cash buyer can purchase a rental as-is with the tenants in place, which avoids the cost and timing of a no-fault move-out. See our pages on selling a tenant-occupied house in Hayward and the Hayward cash offer process.

Is the unit built before July 1, 1979, and is it a single unit exempt under Costa-Hawkins?
Has the rent increased more than once in any 12 months or above 5 percent, and was banking documented?
Were increase and termination notices copied to the city within 30 days?
Is the annual rent stabilization fee paid?
Is any pass-through approved by the city?

The statewide baseline under Hayward rules

California’s Tenant Protection Act (Civil Code sections 1946.2 and 1947.12) caps annual rent increases at 5 percent plus the change in the cost of living, with a maximum of 10 percent, and requires just cause to end most tenancies after the first year.

The Attorney General’s consumer alert says the cap applies to most rental housing more than 15 years old and that a stronger local law controls where one applies. Our statewide guide to selling a tenant-occupied home explains how these protections interact with a sale.

How to sell a house in Hayward

Confirm whether the unit is a pre-1979 covered unit or an exempt single unit.
Collect the lease, rent history, increase notices and proof of city filings.
Request a no-obligation cash offer for the property as it stands.
Choose your closing date.
Close with no repairs, showings or tenant move-out required.

See also our Hayward page and the Alameda County hub.

Own a Hayward rental and want out? Sell as-is for cash, tenants and all.

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Frequently asked questions

Does Hayward have rent control?

Yes. The Residential Rent Stabilization and Tenant Protection Ordinance limits annual increases on covered units, generally those built before July 1, 1979, to 5 percent.

Can a Hayward landlord raise rent more than 5 percent?

Only through the ordinance’s mechanisms, such as banked increases up to a 10 percent total, an approved capital improvement pass-through or a fair return petition.

Does Hayward require just cause to evict?

Yes. The summary says just cause applies to almost all rental units, and the reason must be stated on the notice of termination.

What is Rent Review in Hayward?

A mediation and arbitration process run by the city’s Rent Review Office. Tenants generally petition within 30 days after a covered increase notice.

Do landlords have to send notices to the city?

Yes. Copies of rent increase notices and notices ending a tenancy must go to the city within 30 days of serving the tenant.

Can I sell a Hayward rental with a tenant in it?

Yes. The tenancy continues with the property, and a cash buyer can purchase it as-is with the tenant in place.

More guides

Sources

This guide is general information from public sources, not legal advice. Confirm current rules, fees and hours with the city.