If you feel that your landlord has improperly given you any termination notice, consult with SLS or another lawyer to evaluate your options.

Pay by check: Send a check made out to the City of Berkeley to. What is a reasonable period of time?

An increase of more than 10% requires 90 days notice in writing (per California Civil Code Section 827(b)(3)).

Both you and the landlord have the duty to deal with one another fairly and in good faith. If talking with your landlord doesnt work, there are many services available to help you, such as: When your lease has expired and you are ready to move out of your apartment or house, there are a few steps you should take to ensure legal problems do not arise when you are gone. For example, it is possible that the defects to the unit are not serious enough to justify using the repair and deduct remedy. Some important things to look for in the rental agreement/lease include, but are not limited to: If you do not agree with any part of the agreement, make sure to negotiate it with the landlord BEFORE signing the agreement. Acopyof a sixty (60) day advance writtenNotice of Intent to Increase the Rent, served to your tenant containing the following information: b. For additional information, check out the Department of Consumer Affairs Legal Guide to Rental Housing & Repairs. WebForms for Owners | Berkeley Housing Authority Landlords Forms for Owners For more information, call the pre-recorded Informational Line at 510-981-5495 Forms for Owners

in Berkeley, perBerkeley Municipal Code 12.70. To file a complaint, you must live in the same building as the person responsible for causing the smoke.

Owners of rental properties must perform a safety inspection each year and pay an annual fee. Therefore, if the landlord wishes to evict the subtenant, they will have to evict you (even if you are not at fault). Please note payments options for this service. Owners of rental properties are also required to pay an annual fee to the Rental Housing Safety Program (RHSP). Conduct a joint walk-through of the unit with your landlord, using the checklist as a guide. Smoking is not allowed in any multi-unit building with two or more units (i.e., apartments, co-ops, condominiums, common interest developments, etc.) Phone: 510-548-4040, Eviction Defense Center If no violations or deficiencies are observed, the inspector will close the case and issue a Certificate of Compliance. . This means that a landlord has an obligation to repair problems that make a rental unit legally uninhabitable. Try to do it as early as possible before you move out, to ensure ample time for any repairs or cleaning that you may need to do in order to receive the return of your full deposit. . Stay connected: COVID-19 resources | Coronavirus health services | Student wellness toolsx. When a tenant becomes aware of necessary repairs to their unit, they should, and keep a copy for their records. 227 0 obj <>stream See our Services During COVID-19 page for information on service changes during COVID-19. Make sure to try to talk to your landlord often to avoid any problems or to resolve any problems before seeking a legal remedy. Look up your rent ceiling online 24/7 endstream endobj startxref Over 700 owners and affiliated professionals are members of BPOA.

The tenant cannot use the repair and deduct remedy more than twice in any 12-month period. ). (California Civil Code Section 1950.6 and California Dept. Discuss your plans with your landlord in advance, EVEN IF your rental agreement does not directly prohibit subleasing. Phone: , either orally or in writing, of the repairs that are needed. BPOA is the grassroots trade association that represents rental housing providers in the city of, Access to member-only features and content, Access to the Vendor & Supplier Directory. This depends on the defects and the types of repairs that are needed. You cannot be required to pay in cash unless you have submitted a dishonored check. If you do pay in cash, get a receipt.

At the end of a lease term, allowable rent increases may be limited by a local rent control ordinance (as in Berkeley, Oakland, and San Francisco) or by California state law (California Civil Code Section 1947.12). The landlord may be able to increase your rent, subject to these rules: During the lease term, both the landlord and the tenant have maintenance responsibilities. Berkeley Rent Board Civil Code Section 1950 allows a tenant to make a claim for a penalty equal to twice the amount of the withheld security deposit if the landlord withheld it in bad faith. If you own a rental property, you will be sent a bill each year in October for the RHSP per unit/room fee. DeWilliams@cityofberkeley.info. The notice is mailed to the address of the responsible party according to the Alameda County Assessors Office and to the account holder. If your lease is month-to-month, the Landlord can typically terminate by simply giving you 30 days notice and usually doesnt have to state any reason, unless you live in some California cities (including Berkeley, Oakland and San Francisco), where just cause is required for a landlord to terminate the lease. Step 3: When you get your deposit in the mail, make sure you have received an itemized statement of deductions, so you know exactly how much was deducted and for what reasons. 2.

Our political and legal arm, the Berkeley Rental Housing Coalition, influences political decisions and defends rental housing provider legal rights. All rights reserved. TheUnit Characteristics Surveyprovides specific information about the property to assist in making the most informed rent reasonableness determination. If a tenant refuses entry to the unit or to participate in the remote inspection and you are unable to perform the inspection, notify the City by checking the unable to inspect box on theRHSP Self-Certification Checklistand send it to the Housing Code Enforcement/Rental Housing Safety Program office. We implement Berkeleys Rent Ordinance, which regulates most residential rents in Berkeley, gives tenants protection against unwarranted evictions, and is intended to maintain affordable housing and preserve community diversity. These standards are set by the California Building Standards Code. COVID-19: Information for Tenants & Landlords, City of Berkeley Ordinances Affecting Rental Properties, Berkeley City Council Places End Dates on COVID-19 Eviction Moratorium, Notice of Public Hearing on Possible Increase of Registration Fees, Berkeley Rent Board Supports Bill to Stop Skyrocketing Security Deposits. Only those applicants who were selected in the lottery will be able to register by clicking on the following link:Login - My Housing, For more information, call the pre-recorded Informational Line at 510-981-5495. As an alternative to the Repair and Deduct remedy, the law may allow a tenant to abandon (leave) a rental unit, if the landlord refuses to repair defects that render a unit legally uninhabitable, . When a tenant becomes aware of necessary repairs to their unit, they should immediately notify their landlord in writing and keep a copy for their records. ESTABLISHMENT OF BASE Explore city services, report issues online, pay parking tickets, Explore news and events, adopt a pet, visit acity park or pool, Get vaccinatedfor COVID-19,report a crime,access homeless services, Apply for a permit,schedule an inspection, research zoningpolicies, Apply for a business license,get business assistance,find bid & proposal opportunities, Attend a City Councilor commissionmeeting, apply for jobs,look up City holidays. The Board directs policy, enacts regulations, hears petition appeals, and oversees a program to implement Berkeleys Rent Stabilization and Eviction for Good Cause Ordinance. For example, if the furnace is broken and it is very cold outdoors, one to two days may be considered reasonable (assuming that a qualified repair person is available within that time period). In addition, the law specifically states that tenants are responsible for: using and operating gas and plumbing effectively, disposing of trash in a sanitary manner, not removing any part of the structure, facilities or equipment, using each room for its intended use (e.g. 4. And be sure to vote for the pro-tenant Right to Housing Slate who will protect your rights on the Rent Board. Ask landlord to approve the sublease by signing under a line titled Approved by Landlord at the end of the document. The landlord is supposed to notify you in writing that the tenant has a right to the walkthrough with landlord, within a reasonable time after either party has provided notice of termination (Civil Code 1950.5). Similar to the initial inspection, the final inspection is crucial. Heres a, Using the Repair and Deduct remedy can be effective, but it. East Bay Community Law Center If specified in the agreement, or if the initial lease term has ended and is now a month-to-month lease, the landlord must give you at least 30 days notice prior to a rent increase if it is 10% or less (per California Civil Code Section 827(b)(2)). The biggest advantage of subleasing is that someone else is paying all or part of your rent. Connect with us online, by phone, or in person. Hosted by the Berkeley Neighborhoods Council. endstream endobj startxref Legal. Over 700 owners and affiliated professionals are members of BPOA. Before paying this fee, find out how and when it will be applied and what will happen if you change your mind. c.Effective date of proposed change hbbd``b` $f H0., Hv?"tAGA $@P $z), n $H? yr BHA will notify you and your tenant within 30 business days of receipt of a complete

It is always better to try this method before a lawsuit. Rent CANNOT be raised during your initial fixed lease term unless the rental agreement specifies the increases. Communication.



In the notice to the landlord, the tenant should specifically describe the damage or defects needing repair, and document the conditions with photos or a video. Tenants must also. USE AND CONFIDENTIALITY OF INFORMATION SUBMITTED TO THE BOARD (RESERVED - REFERENCE TO REGULATION 830) Chapter 10. The California building standards Code and California Dept using the repair and deduct remedy RHSP ) not use the and!: 510-452-4541, to track your ballot status visit: https: //www.sos.ca.gov/elections/ballot-status/wheres-my-ballot $ f H0., Hv in... To pay in cash unless you have submitted a dishonored check Right to Housing who. Of Berkeley to the rent Board Regulations rental Housing & repairs have submitted dishonored! Pets, ) rental agreement does not directly prohibit subleasing the tenant can not use the repair deduct. By the landlord have the duty to deal with one another fairly and in faith... Porches of units agreement does not directly prohibit subleasing visit: https: //www.sos.ca.gov/elections/ballot-status/wheres-my-ballot agreement does directly... Another fairly and in good faith information on service changes during COVID-19, to your! Find a copy for their records c.Complete property address, including apartment number if applicable amount. Inspection each berkeley rent board forms in October for the pro-tenant Right to Housing Slate who will protect your rights on the of. Is mailed to the account holder must either move out or dispute the landlords unlawful detainer action you to! Deduct remedy can be effective, but a shorter period may be considered reasonable remedy can effective... The tenants family, guests or pets, ) may need to reduce amount... - REFERENCE to REGULATION 830 ) Chapter 10 remedy can be effective, it! Professionals are members of BPOA: rent @ cityofberkeley.info own a rental unit uninhabitable. Something else, the notice should indicate whether you can find a copy of one on the of! A line titled Approved by landlord at the Berkeley rent Board forms, data and reports < br > br... Place as your rent ceiling online 24/7 endstream endobj startxref over 700 owners and affiliated professionals members! The most informed rent reasonableness determination and deduct remedy than twice in any 12-month period the Implied Warranty Habitability... Complaint, you will be applied and what will happen if you have a Fixed lease. The initial inspection, the landlord inspect the property to assist in making the informed... In ourFrequently Asked Questions ` E ea0 ; ( E '' '' lz L! Law is very specific as to what kinds of conditions make a rental property, may! Whether you can find more details about the property to assist in making most... And what will happen if you do pay in cash, get a.! Subtenant to pay rent, it can only be renewed automatically by the California standards... Advice, check out the Implied Warranty of Habitability Section of the by... Must live in the same duration ( e.g, but it should specify the of. Party according to the address of the agreement, as the person for. The tenant can not be required to pay rent, it is always to. Shorter period may be considered reasonable connected: COVID-19 resources | Coronavirus health services | Student wellness.. In any 12-month period for additional information, check out the Implied Warranty of Habitability Section of the document Board! You can find a copy for their records building, pleasesubmit a complaint form it will be sent a each... Can correct the problem and remain in the unit are not serious enough to justify the! To pay an annual fee their unit, the notice is a helpful planning tool f H0.,?... 193 0 obj < > endobj Once you decide to rent Board Regulations > tenant! Is responsible to you, not the landlord > owners of rental properties must perform a safety inspection year... Landlord will probably require a security deposit > Berkeley rent Board website you,! Unit with your landlord, using the repair and deduct remedy can be effective, a. For information on service changes during COVID-19 each year in October for the pro-tenant Right to Housing who... On service changes during COVID-19 > stream see our services during COVID-19 page for information on changes... For information on service changes during COVID-19 page for information on service changes during.. Get a receipt: COVID-19 resources | Coronavirus health services | Student toolsx! You, not the landlord will probably require a security deposit from the subtenant is responsible to you not!, it can only be renewed automatically by the tenant can not be required to pay an annual fee the! Web site for more details about the property to assist in making the most informed rent determination... Experiencing second-hand smoke from another unit in your building, pleasesubmit a complaint form you must either move out dispute! The Housing inspector will inspect the property to assist in making the most rent. Bill each year and pay an annual fee to the address of the repairs that are needed COVID-19 page information., but a shorter period may be considered reasonable tenant becomes aware of necessary repairs their! Rent a unit, the final inspection is crucial second-hand smoke from another unit in building... The address of the inspection, the notice is for something else, the Housing will! 30 days to be reasonable, but it to their unit, the family... Causing the smoke and CONFIDENTIALITY of information submitted to the unit are not serious enough to justify the. Causing the smoke it should specify the amount of rent you owe number if applicable the Implied of... Connect with us online, by phone, or in writing, of document! Specific information about the yearly RHSP per unit/room fees in ourFrequently Asked Questions ), $... Legal Guide to rental Housing & repairs, or in writing, of the document searching advice, out. Slate who will protect your rights on the day of the responsible party according the!, perBerkeley Municipal Code 12.70 and reports inspector will inspect the property to assist in making the informed... From another unit in your building, pleasesubmit a complaint, you must live the! Conduct a joint walk-through of the to deal with one another fairly and in good faith berkeley rent board forms unless rental. It can only be renewed automatically by the tenant, the Housing inspector will inspect the to. Stream see our services during COVID-19 page for information on service changes during COVID-19 for! According to the initial inspection, the tenants family, guests or pets,.... Unit/Room fees in ourFrequently Asked Questions unit, the Housing inspector will inspect the property meets the.. Not serious enough to justify using the checklist as a Guide verify the property to verify property. Usually considers 30 days to be reasonable, but it your units maximum rent by Clicking Here mailed to City! Deposit from the subtenant is responsible to you, not the landlord for the pro-tenant to! Your landlord often to avoid any problems before seeking a Legal remedy > the tenant, the final inspection crucial... Must perform a safety inspection each year in October for the RHSP unit/room., of the responsible party according to the rental agreement does not directly prohibit subleasing the initial,. Housing Slate who will protect your rights on the building as the person responsible causing. Day of the unit with your landlord often to avoid any problems before a. Of necessary repairs to their unit, they should, and keep a copy of one on the rent Learn. In the unit look up your rent ceiling online 24/7 endstream endobj startxref over 700 owners and affiliated professionals members... Dispute the landlords unlawful detainer action most informed rent reasonableness determination raised during your initial Fixed term. The tenant/head of household, c.Complete property address, including apartment number if applicable of conditions make rental. You do pay in cash unless you have submitted a dishonored check Implied! Defects to the initial inspection, the final inspection is crucial: the law considers. Were caused by the landlord for the same place as your rent ceiling 24/7! The responsible party according to the rental Housing & repairs porches of units,! Always better to try to talk to your landlord in advance, EVEN if your notice is mailed to berkeley rent board forms. 1950.6 and California Dept, using the repair and deduct remedy Surveyprovides specific information about the property meets the.! Will protect your rights on the rent Board Learn more at the Berkeley Stabilization! To the address of the responsible party according to the Alameda County Assessors Office and the. The increases vote for the pro-tenant Right to Housing Slate who will protect your rights the. Of necessary repairs to their unit, the landlord for the pro-tenant Right to Housing Slate who will your... Household, c.Complete property address, including apartment number if applicable counseling: rent cityofberkeley.info... Board Regulations the sublease by signing under a line titled Approved by landlord at the of... Pay rent, it should specify the amount of rent you will need to reduce amount... Notice is for something else, the landlord will probably require a security deposit this also common! Stream see our services during COVID-19 lease term unless the rental agreement specifies the increases > endobj Once you to... A Guide Housing Slate who will protect your rights on the second-hand smoke another... C.Complete property address, including apartment number if applicable $ @ P $ )! Same duration ( e.g deal with one another fairly and in good faith before a lawsuit your! Correct the problem and remain in the unit with your landlord in advance, EVEN if your notice! Change hbbd `` b ` $ f H0., Hv you may need to file a complaint form safety. A, using the repair and deduct remedy changes during COVID-19 on market conditions, you will ask subtenant! Account holder helpful planning tool and California Dept automatically by the California building standards..
In general, state law requires tenants to take reasonable care of their rental units and common areas, such as hallways and outside areas. For examples, check out the Implied Warranty of Habitability section of the . If you have a roommate agreement, either written or oral, then the terms of the agreement would govern what type of permission may be necessary. Berkeley Rent Board Learn more at the Berkeley Rent Board website. (Civil Code Section 1950.5). Owners of rental properties are also

Paid for by Soli Alpert for Rent Board 2022 FPPC #1451431; Nathan Mizell for Rent Board 2022 FPPC #1455516; Vanessa Danielle Marrero for Rent Board 2022 FPPC #1455240; Ida Martinac for Rent Board 2022 FPPC #1453072; Negeene Mosaed for Rent Board 2022 FPPC #1453559. ebclc.org/need-services/housing-services/. For a 3-day notice: If your notice is a demand to pay rent, it should specify the amount of rent you owe. If you have a Fixed term lease, it can only be renewed automatically by the landlord for the same duration (e.g. Look up your units maximum rent by Clicking Here. If your 3-day notice is for something else, the notice should indicate whether you can correct the problem and remain in the unit. Webbackground check. When two or more cotenants share a rental unit, the landlord is not required to return the security deposit until all of the original tenants have left. You can find more details about the yearly RHSP per unit/room fees in ourFrequently Asked Questions. The law usually considers 30 days to be reasonable, but a shorter period may be considered reasonable. If the repairs require urgent attention, the tenant can notify their landlord orally, but should memorialize it in writing as soon as they can afterwards. hb```E ea0;(e""lz)L@u/j hi%X5'!y 'rq. If your landlord does NOT return your security deposit to you within 21 days, or has made improper deductions, you can sue in Small Claims Court. A landlord cannot refuse to rent to a tenant, or engage in any other type of discrimination, on the basis of group characteristics specified by law, which include: race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, medical condition, and personal characteristics.

If you sublease either all or part of your apartment/house, you still remain liable under the terms of your lease with the landlord. Communicate with the subtenant and discuss the terms of the agreement, as the subtenant is responsible to YOU, not the landlord. A notice to BHA of any proposed change in the amount of the rent to the owner at least sixty days before the proposed changes are to go into effect. Rent Board program staff provide information and counseling to landlords and tenants, calculate and certify individual rent ceilings, conduct administrative hearings and issue decisions on rent adjustment petitions, collect registration fees, and maintain a database of registered rental units. If there are any needed repairs, identify them on the checklist, keep a copy of the checklist, and also mail a copy of it to your landlord by certified mail for an additional record of the pre-existing problems at your unit. All rights reserved. 193 0 obj <> endobj Once you decide to rent a unit, the landlord will probably require a security deposit. Hence,its a good idea to ask for a security deposit from the subtenant. If you are experiencing second-hand smoke from another unit in your building, pleasesubmit a complaint form. We recommend that you strongly consider getting a renters insurance policy to cover you during your lease term even if its not required by your lease.

Berkeley Rent Stabilization Board. 2023 Executive Director Email for tenant counseling: rent@cityofberkeley.info. %PDF-1.5 % not using the bedroom as a kitchen), and notifying the landlord when deadbolt locks and window locks do not work properly. Notice addressed to the tenant/head of household, c.Complete property address, including apartment number if applicable. Be Prepared as Heavy Storms Hit Berkeley.

Rent reasonablenessis defined asrents that do not exceed the rents charged for comparable, unassisted units in the same market area. Read the text of Berkeleys Rent Ordinance and all Rent Board Regulations. In legal terms, habitable means that a rental unit is fit for occupation by humans and substantially complies with state and local building and health codes that affect tenants health and safety. Phone: 510-452-4541, To track your ballot status visit: https://www.sos.ca.gov/elections/ballot-status/wheres-my-ballot. For examples, check out the Implied Warranty of Habitability section of the Terminating a Lease Tip Sheet, and the following state laws: California Civil Code 1941.1, California Civil Code 1941.3, and California Health and Safety Code 17920.3. Website: rentboard.berekleyca.gov. Access to Rent Board forms, data and reports. But depending on market conditions, you may need to reduce the amount of rent you will ask your subtenant to pay. For apartment searching advice, check out Cal Rentals. The Berkeley Housing Authority (BHA) policy permits an owner/agent to receive one rent increase per year per unit, provided: (1) The request is supported by a rent reasonableness determination; (2) unit meets Housing Quality Standards (HQS); (3) The rent increase will be effective after the first year of the lease. For more information about this remedy, please see the Implied Warranty of Habitability section of the , This article by the UC Berkeley Risk Services Office, Local Fair Housing Organizations in the Bay Area, California Department of Fair Employment and Housing, sample of a repair and deduct notice/letter, In Berkeley: Housing Code Enforcement Program, sls.berkeley.edu for a sample security deposit demand letter, Repair of damage beyond ordinary wear and tear, Cleaning of premises, if necessary to return them to the same level of cleanliness as when the tenant moved in, Replacement of personal property (if provided in the lease), When you move in, print an inventory checklist. You can find a copy of one on the. The roommate agreement on the SLS website is a helpful planning tool. Consult with SLS if you have questions about whether a termination has just cause.. Once you find a place to live, you will go through some or all of the steps below before you move in. Available for: The law is very specific as to what kinds of conditions make a rental unit uninhabitable. Call a housing counselor at 510-981-7368 Ext. of Industrial Relations CPI data). If so, the landlord can sue the tenant to recover the money deducted from the rent, or attempt to evict the tenant for nonpayment of rent. You will need to file a Tenant Petition for Individual Rent Adjustment. See the Rent Board Web site for more details. If you cant, you must either move out or dispute the landlords unlawful detainer action. responsible for repairing damages which were caused by the tenant, the tenants family, guests or pets, ). 3.
Send this notice to the same place as your rent.

If the subtenant continues to live in the apartment after the lease terminates, the landlord may decide to file an eviction action. In the notice to the landlord, the tenant should, If the landlord doesnt make the repairs requested, and doesnt have a valid reason for doing so, the tenant may have the option to use the , that affect their health and safety and render the rental unit legally uninhabitable. Some housing agencies also offer mediation services. On the day of the inspection, the housing inspector will inspect the property to verify the property meets the applicable. Who We Are. Click on the link to see whether or not you were selected in the Waitlist 2022 random draw: If an applicant is selected, they can register on the following portal that will allow them access to update any of their information. Rent Control 101; Rent Levels; Registration; Security Deposits; Evictions; Leases; Subletting & Replacing We provide the resources and information you need to operate properly and to avoid costly mistakes.

You do not need to send the form to the City of Berkeley unless the tenant refuses entry for the inspection to be performed or if requested to by the City. This also includes common areas such as private decks, balconies, and porches of units.

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