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Albany is a small city of roughly 20,000 residents in Alameda County, situated between Berkeley and El Cerrito on the east shore of San Francisco Bay. Despite its modest size, Albany has an active rental market, and tenants frequently search for information about rent increases, eviction rights, security deposit rules, and local housing assistance.
Albany does not have rent control, but the city enacted a Rent Review Program in 2018 that gives tenants a mediation pathway when landlords raise rents by more than 5%. On top of that local program, California's Tenant Protection Act of 2019 (AB 1482) provides statewide rent increase caps and just-cause eviction protections for most tenants who have lived in their unit for at least 12 months.
This article summarizes the key tenant protections that apply in Albany as of May 2026. It is provided for informational purposes only and does not constitute legal advice. Laws change frequently — consult a licensed attorney or a local tenant resource organization for advice specific to your situation.
Albany does not have rent control. The city has never enacted an ordinance that places a hard cap on rent increases. However, Albany's Rent Review Program (Municipal Code § 5-25, Ordinance No. 2018-2, effective November 2, 2018) requires landlords to provide tenants with a written notice of the availability of rent review whenever they propose a rent increase exceeding 5%. Landlords must provide this notice both when a new rental agreement is signed and whenever a qualifying rent increase notice is issued. Landlord participation in the mediation process administered by ECHO Housing is mandatory, but any recommendations that result are non-binding. Landlords who do not comply with the notice requirement may face enforcement action under the municipal code.
For units covered by California Civil Code § 1947.12 (AB 1482, Tenant Protection Act of 2019), a separate statewide rent cap does apply — see the State Protections section below.
California law provides several important tenant protections that apply in Albany:
Rent Cap (AB 1482) — Civ. Code § 1947.12: For covered rental units, landlords may not increase rent by more than 5% plus the local Consumer Price Index (CPI), up to a maximum of 10%, in any 12-month period. Coverage excludes single-family homes and condos where the owner has provided proper AB 1482 exemption notice, buildings constructed within the past 15 years, and certain other categories. SB 567 (effective April 1, 2024) tightened enforcement of this cap.
Just-Cause Eviction (AB 1482) — Civ. Code § 1946.2: Once a tenant has continuously and lawfully occupied a covered unit for 12 months, the landlord must have just cause to terminate the tenancy. At-fault causes include nonpayment of rent, lease violations, and criminal activity. No-fault causes (such as owner move-in or substantial remodel) require the landlord to pay one month's rent as relocation assistance.
Security Deposits — Civ. Code § 1950.5 and AB 12: For tenancies starting on or after July 1, 2024, landlords may collect a maximum security deposit of one month's rent (previously two months for unfurnished units). Deposits must be returned within 21 calendar days of the tenant vacating, along with an itemized statement and receipts for any deductions.
Notice to Terminate — Civ. Code § 1946.1: Landlords must give 30 days' written notice for tenancies under one year and 60 days' written notice for tenancies of one year or more. Tenants need only give 30 days' notice regardless of tenancy length.
Habitability — Civ. Code §§ 1941.1, 1942: Landlords must maintain rental units in a habitable condition. If a landlord fails to make necessary repairs after reasonable notice, tenants may exercise the right to repair and deduct (up to one month's rent) or, in severe cases, vacate and terminate the lease.
Retaliation Prohibited — Civ. Code § 1942.5: Landlords may not retaliate against tenants who exercise their legal rights, such as complaining about habitability or contacting code enforcement.
Source-of-Income Discrimination — Gov. Code § 12955: Landlords in California may not refuse to rent to a tenant because they use a housing voucher or other lawful source of income.
Self-Help Eviction Prohibited — Civ. Code § 789.3: Landlords may not lock out tenants, remove doors or windows, or shut off utilities to force a tenant to leave. Such conduct is unlawful and subjects the landlord to damages.
Albany's primary local tenant protection beyond state law is the Rent Review Program established by Ordinance No. 2018-2 (Municipal Code § 5-25), which took effect November 2, 2018. The program is administered by ECHO Housing (Eden Council for Hope and Opportunity) under contract with the city.
How it works: Any time a landlord raises rent by more than 5%, the landlord must first provide the tenant with a written Notice of Availability of Rent Review. If the tenant requests a review, the landlord is required to participate in a mediation session with ECHO Housing. However, the mediator's recommendations are advisory only — there is no enforceable cap that results from the process. The program covers most residential rental units in Albany, with limited exceptions (e.g., owner-occupied units where the owner rents two or fewer bedrooms).
Just-Cause Eviction — Local Status: Albany does not have its own just-cause eviction ordinance. In 2024–2025, the Albany Housing Advisory Commission reviewed the issue and directed staff to gather additional data, but no local ordinance was adopted. Tenants are therefore protected only by the statewide AB 1482 just-cause requirements (Civ. Code § 1946.2) where those apply.
For questions about the Rent Review Program, contact ECHO Housing at 855-ASK-ECHO (855-275-3246) or AlbanyRentReview@echofairhousing.org.
Security deposit rules in Albany are governed by California Civil Code § 1950.5 and, for newer tenancies, AB 12.
Maximum deposit: For tenancies that began on or after July 1, 2024, landlords may collect no more than one month's rent as a security deposit (AB 12). For tenancies that began before July 1, 2024, the prior cap of two months' rent (unfurnished) or three months' rent (furnished) may still apply.
Permissible deductions: Landlords may deduct for unpaid rent, cleaning to restore the unit to its condition at move-in (excluding normal wear and tear), and repair of damage caused by the tenant beyond normal wear and tear.
Return deadline: Landlords must return the security deposit (or the portion not lawfully withheld) within 21 calendar days of the tenant vacating the unit, along with an itemized written statement of any deductions. If deductions exceed $125, copies of receipts or invoices must be included.
Penalty for wrongful withholding: If a landlord wrongfully withholds all or part of a security deposit in bad faith, the tenant may sue for the amount wrongfully withheld plus a penalty of up to twice the amount wrongfully withheld, plus court costs and attorney's fees (Civ. Code § 1950.5(l)).
Evicting a tenant in Albany requires the landlord to follow California's statutory process. Self-help evictions — including lockouts, utility shutoffs, or removal of belongings — are prohibited by Civil Code § 789.3 and can result in significant damages.
Required notices:
Just-cause requirement (AB 1482 — Civ. Code § 1946.2): Once a tenant has lived in a covered unit for 12 months, the landlord must have a legally recognized at-fault or no-fault reason to terminate. No-fault terminations (e.g., owner move-in, substantial remodel, withdrawal from the rental market) require the landlord to pay the tenant one month's rent in relocation assistance before the tenant vacates. SB 567 (effective April 1, 2024) tightened the requirements for no-fault terminations — for example, for a substantial remodel, the landlord must actually complete the work within a specified timeframe.
Court process: If the tenant does not vacate after proper notice, the landlord must file an unlawful detainer (UD) lawsuit in Alameda County Superior Court. The tenant has five business days to respond to the UD summons. If the landlord prevails, the court issues a writ of possession and the sheriff carries out the lockout — not the landlord directly. Only a sheriff may physically remove a tenant.
This article is provided for informational purposes only and does not constitute legal advice. Tenant and landlord laws change frequently at both the state and local level. The information here reflects laws and programs as understood in May 2026 and may not reflect subsequent changes. For advice about your specific situation, consult a licensed California attorney or contact one of the tenant resource organizations listed above.
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