Berkeley Rent Ordinance
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Eviction Requires Just Cause
Like Oakland and San Francisco, Berkeley has a rent ordinance that requires just cause for evicting tenants and protects tenants with rent control. That said, the Berkeley, Oakland, and San Francisco rent ordinances are all different, and you should consult a knowledgeable tenant’s attorney before making assumptions.
The City of Berkeley Rent Stabilization Board maintains an informative website about tenants’ rights in Berkeley.
The Berkeley Rent Ordinance requires just cause for eviction:
Under the Berkeley Rent Ordinance, a landlord shall not be entitled to recover possession of a rental unit, which includes any housing services connected with the property, unless the existence of one of 11 grounds set forth in section 13.76.130 is established.
The Berkeley Rent Ordinance provides tenants rent control in Berkeley and sets annual rental increase ceilings for rental units in Berkeley.
The Berkeley Rent Ordinance prohibits pretextual owner move-ins:
Section 13.76.130(A)(9)(a) provides that a landlord may recover possession of a rental unit for his own use when he does so “in good faith with honest intent and without ulterior motive.” A landlord may not, however, recover possession for his own use where “a comparable unit, owned by the landlord in the City of Berkeley, was, at the time of the landlord’s decision to seek to recover possession of the rental unit, already vacant and available, or if a comparable unit, owned by the landlord in the City of Berkeley, thereafter becomes vacant at any time until the earlier of the tenant’s surrender of possession of the premises or the entry of a judgment of a court of competent jurisdiction awarding possession of the premises to the landlord.” Berkeley Municipal Code § 13.76.130(A)(9)(d).
Retaliatory Evictions Are Illegal Under Berkeley’s Rent Ordinance
Additionally, the Berkeley Rent Ordinance provides that “[n]o landlord may threaten to bring, or bring, an action to recover possession, cause the tenant to quit the unit involuntarily, serve any notice to quit or notice of termination of tenancy, decrease any services or increase the rent where the landlord’s intent is retaliation against the tenant for the tenant’s assertion or exercise of rights under this chapter.” Berkeley Municipal Code § 13.76.140.
Berkley Rent Ordinance Frequently Asked Questions
What is the Berkeley Rent Ordinance?
The Berkeley Rent Ordinance, also known as the Rent Stabilization and Eviction for Good Cause Ordinance, regulates rent increases and eviction practices for most residential rental units in Berkeley, California.
Which properties are covered by the ordinance?
The ordinance covers most residential rental properties built before June 30, 1980, including single-family homes, apartments, and condominiums. Some newer units and certain types of housing are exempt.
How much can landlords increase rent under the ordinance?
Landlords can increase rent by up to 5% annually for most units, but they must provide documentation to justify any larger increases.
What is “good cause” for eviction?
Landlords must have a valid reason, or “good cause,” to evict tenants, such as non-payment of rent, breach of lease terms, or the landlord’s need to move into the property.
Can landlords evict tenants without cause?
No, landlords cannot evict tenants without a valid reason as specified by the ordinance.
What protections do tenants have against retaliation?
The ordinance prohibits landlords from retaliating against tenants who exercise their rights, such as requesting repairs or complaining about violations.
How can tenants file a petition for rent review or eviction?
Tenants can file a petition with the Berkeley Rent Board, which will mediate between the landlord and tenant to resolve the issue.
What information must landlords provide to tenants?
Landlords must provide written notice of rent increases and the basis for any eviction, as well as information about tenants’ rights under the ordinance.
Are there any fees associated with the rent review process?
Yes, there may be fees for filing a petition or requesting a rent review, which can vary depending on the specific circumstances.
Where can I find more information or get assistance?
You can visit the Berkeley Rent Board’s website or contact them directly for more information and assistance.
Contact Our Berkley Rent Ordinance Lawyer
If you have been subject to an unlawful eviction, unlawful rent increase, or retaliatory eviction in Berkeley, California, your landlord may have violated the Berkeley Rent Ordinance and you may be entitled to damages.
Contact our experienced Berkeley Tenant’s attorney at BV Law today for a free consultation regarding your Berkeley landlord-tenant dispute. You can also reach us by telephone at 415-835-6777. To see our outstanding results in Bay Area landlord-tenant cases, please see our Testimonials page or our Firm Results.
(Updated 12/6/2024)