Berkeley Residential Lease Agreement

Important Information for Berkeley Landlords

Berkeley Rental Law Highlights

Berkeley Rent Stabilization and Eviction for Good Cause Ordinance (BMC Ch. 13.76)

• Coverage: Most buildings built before November 1, 1980 with 2+ units
• Exemptions: Single-family homes (unless rented with other units), condos (owner-occupied), post-11/1/1980 construction, certain government-assisted housing
• Rent Increases: Limited to annual allowable increase set by Berkeley Rent Board (typically 65% of CPI)
• Registration Required: All covered units must be registered annually with Rent Board
• Just Cause Eviction: Required for all rent-stabilized units
• Relocation Assistance: Required for certain no-fault evictions

Security Deposits (Cal. Civ. Code § 1950.5)

• Maximum Amount: 2 months’ rent for unfurnished; 3 months’ rent for furnished
• Return Timeline: 21 days after tenant vacates
• Itemized Statement: Required if any deductions are made
• Interest Required: No (unless local ordinance requires)
• Bad Faith Penalty: Up to twice the deposit amount plus attorney’s fees
• Pet Deposits: Count toward the 2 or 3-month maximum

Rent and Fees (Berkeley Rent Ordinance, Cal. Civ. Code)

• Rent Increases (Stabilized): Limited to annual allowable increase (65% of CPI typically)
• Notice Requirements: 30 days for increases under 10%; 60 days for 10% or more
• Banking Increases: Can bank unused allowable increases
• Late Fees: Must be reasonable; typically not more than 5-10% of rent
• NSF Fees: Maximum $25 first occurrence; $35 subsequent (Cal. Civ. Code § 1719)

Required Disclosures (Cal. Civ. Code, Berkeley ordinances)

• Lead paint disclosure (pre-1978 properties) – Federal requirement
• Landlord/agent name and address (Cal. Civ. Code § 1962)
• Bedbug notice and history (Cal. Civ. Code § 1954.603, 1954.604)
• Mold information (Cal. Health & Safety Code § 26147)
• Shared utility arrangements (Cal. Civ. Code § 1940.9)
• Rent stabilization status and tenant rights
• Berkeley Rent Board contact information for covered units
• Asbestos (if known)
• Death on property (within 3 years for AIDS-related deaths only)

Just Cause Eviction – BMC § 13.76.130

• At-Fault Causes: Non-payment, breach of lease, nuisance, illegal activity, refusal of access, etc.
• No-Fault Causes: Owner/relative move-in, substantial rehabilitation, Ellis Act withdrawal, condo conversion, demolition
• Relocation Payments: Required for certain no-fault evictions (amounts vary)
• Good Faith Requirement: Owner move-ins must be genuine; strict enforcement
• Notice Requirements: Vary by cause; 30-120 days typical for no-fault

Eviction and Termination (Cal. Code Civ. Proc., Berkeley Ordinance)

• 3-Day Notice: For nonpayment of rent (pay or quit)
• 3-Day Notice: For lease violations (cure or quit)
• 30/60-Day Notice: For no-fault causes with relocation payments
• Just Cause Required: Cannot evict without enumerated just cause
• Court Process: Unlawful detainer action required
• Rent Board Notification: Must notify Rent Board of certain evictions

Landlord Obligations (Cal. Civ. Code § 1941 et seq.)

• Habitability: Must maintain in fit and habitable condition
• Essential Services: Heat, water, hot water, electricity, gas
• Building Codes: Compliance with all applicable codes
• Repairs: Reasonable time to complete (typically 30 days)
• Smoke Detectors: Required in all units
• Carbon Monoxide Detectors: Required in units with fuel-burning appliances or attached garages
• Seismic Safety: Retrofit requirements for certain buildings

Entry Requirements (Cal. Civ. Code § 1954)

• Notice Required: 24 hours’ written notice (except emergency)
• Reasonable Times: Normal business hours (8am-5pm typically)
• Permitted Purposes: Repairs, inspections, showings, emergencies
• Tenant Consent: Can allow entry without notice

Tenant Protections (Cal. Civ. Code, Berkeley Ordinance)

• Repair and Deduct: Up to one month’s rent for necessary repairs
• Rent Withholding: For uninhabitable conditions
• Retaliation Protection: 180 days after tenant action
• Harassment: Prohibited under California and Berkeley law
• Rent Board: Can petition for rent reductions, dispute resolution

Berkeley-Specific Requirements

Comprehensive Rent Stabilization

• Covers most buildings built before November 1, 1980 with 2+ units
• Annual rent increase limited to 65% of CPI (typically 1-3%)
• Landlords can bank unused allowable increases
• Annual registration required with Rent Board
• Just cause eviction required for covered units
• Relocation assistance for certain no-fault evictions
• Strong enforcement by Berkeley Rent Stabilization Board

Annual Registration Requirement

• All covered units must register annually with Rent Board
• Registration fees apply
• Must report rent amounts and any changes
• Failure to register can limit rent increases
• Penalties for non-compliance

65% of CPI Rent Increase Formula

• One of lowest rent increase caps in California
• Calculated as 65% of Bay Area CPI change
• Set annually by Rent Board
• Typical increases: 1-3% per year
• Much more restrictive than San Francisco (60% CPI) or Oakland (100% CPI + 5%)

Just Cause Eviction Protection

• Cannot evict without enumerated just cause
• No-fault evictions require relocation assistance
• Owner move-in strictly regulated and enforced
• Must notify Rent Board of certain evictions
• Penalties for wrongful evictions

Relocation Assistance

• Required for certain no-fault evictions
• Amounts set by Berkeley ordinance
• Typically several thousand dollars
• Must be paid before tenant vacates
• Additional amounts for seniors, disabled, families with children

Fair Housing Requirements

Best Practices for Berkeley Landlords

• Determine if unit is rent-stabilized and register with Rent Board if required
• Register unit annually and pay required fees
• Limit rent increases to allowable annual amount (65% of CPI)
• Provide all required California and Berkeley disclosures
• Limit security deposits to legal maximums (2 or 3 months’ rent)
• Return deposits within 21 days with itemization
• Provide 24 hours’ notice before entry
• Never use self-help eviction methods
• Ensure just cause exists before evicting
• Budget for relocation payments if no-fault eviction needed
• Notify Rent Board of required evictions
• Document everything in writing
• Stay current on Berkeley rental ordinances
• Consider legal counsel given complexity of Berkeley laws

Berkeley Climate Considerations

• Mediterranean Climate: Mild year-round temperatures
• Temperature Range: 50°F to 75°F typical range
• Mild Summers: Cooler than inland areas
• Moderate Winters: Rarely freezing
• Fog Common: Especially near bay
• Earthquake Zone: Seismic safety critical

Resources

• Berkeley Rent Stabilization Board
• Berkeley Tenants Union
• City of Berkeley – Housing Department
• Berkeley Municipal Code – Chapter 13.76 (Rent Ordinance)
• California Civil Code – Landlord-Tenant Provisions
• East Bay Community Law Center
• Berkeley Property Owners Association