Ask landlord to approve the sublease by signing under a line titled Approved by Landlord at the end of the document. , either orally or in writing, of the repairs that are needed. So if your subtenant fails to pay rent or damages the unit, the landlord will expect you to pay the rent or the cost of repairing the damage. Available for: hbbd``b` $f H0., Hv?"tAGA $@P $z), n $H? yr All rights reserved. Smoking is not allowed in any multi-unit building with two or more units (i.e., apartments, co-ops, condominiums, common interest developments, etc.) If you feel that your landlord has improperly given you any termination notice, consult with SLS or another lawyer to evaluate your options.

2041 Bancroft Way Suite #203Berkeley, California 94704United States, Copyright 2023 - Berkeley Property Owners Association. Our rental agreements are specific to Berkeley and are approved by Berkeley lawyers. Webbackground check. The Rent Stabilization Board has nine elected commissioners. The Board directs policy, enacts regulations, hears petition appeals, and oversees a program to implement Berkeleys Rent Stabilization and Eviction for Good Cause Ordinance. Connect with us online, by phone, or in person. An online account allows you to: This option is also for current individual members or staff of company members who need to log in, but do not have a user account set up. The law is very specific as to what kinds of conditions make a rental unit uninhabitable. But there are also risks: If your lease is about to end and you would like to continue living there, tell your landlord BEFORE the end of the term. For rent-controlled units in Berkeley, the Rent Board offers a petition process for the recovery of a security deposit from the landlord that is simpler and faster than Small Claims Court. You will need to file a TTenant Petition for Individual Rent Adjustment. See the Rent Board Web site for more details. Website: rentboard.berekleyca.gov. For example, it is possible that the defects to the unit are not serious enough to justify using the repair and deduct remedy. 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. . Housing for Disabled & Homeless Individuals (SROs), Tips for Obtaining a Unit with a Section 8 Voucher, https://cityofberkeleyhousingauthority.myhousing.com/webapp/lotterychecker, Rent Increase Information (printable PDF version), Rent Increase - Unit Characteristics Survey, Request for Extension of Time to Complete Repairs, Self Certification of Fail Items Information, Request for Stop Payment and Replacement Check, MULTI UNIT SMOKING LEASE CLAUSE(82.31 KB), MULTI UNIT SMOKING COMPLAINT FORM(5.32 MB), MULTI UNIT SMOKING BROCHURE SPANISH(446.84 KB), Attached outdoor areas, such as patios, balconies, and porches, Electronic cigarette (e-cigarette, vape, vape pen, etc. Get your complimentary copy of a recent issue of theBPOA Monthly below. The landlord can only receive the higher rent for the remainder of the time you live there (i.e. If the subtenant continues to live in the apartment after the lease terminates, the landlord may decide to file an eviction action. 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. For information on early termination of your lease, refer to the tip sheet Terminating a Lease. .

Look up your rent ceiling online 24/7 The law is very specific as to what kinds of conditions make a rental unit uninhabitable. 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. If you have an emergency related to an unlivable condition in your WebNotice of Rent Increase Only tenancies that started prior to January 1, 2021, are eligible for the 2022 AGA increase. Executive Director To file a complaint, you must live in the same building as the person responsible for causing the smoke. 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. If some of your roommates are staying in the apartment, there may be an issue if your roommates do not approve of your subtenant. If no violations or deficiencies are observed, the inspector will close the case and issue a Certificate of Compliance.

responsible for repairing damages which were caused by the tenant, the tenants family, guests or pets, ). These standards are set by the California Building Standards Code. 1 Email a housing counselor at Rent Stabilization & Eviction For Good Cause Ordinance. Otherwise, you must move out. All proposed rents must be reasonable and comparable to other unassisted rents of like properties in the neighborhood. For units that have NEVER been registered with the Rent Board. If you are using this form to register a rental unit, you must ALSO file a VR. Must be filed with an ARS when claiming an exemption of owner-occupancy for properties that are owned as a revocable living trust. (Rent Board Regulation 503 (B).) Always keep a copy of this notice! See the FAQ section below for a discussion of the consequences of an eviction. It is always better to try this method before a lawsuit. 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. If the tenant deducted money for repairs not covered by this legal remedy, or they didnt give the landlord proper notice, or reasonable time to make the repairs, the court can order the tenant to pay the full rent (even though the tenant paid for the repairs), or order that an eviction could proceed. To begin the rent increase process, you must provide the following documents: The notice must include the following information: a.Tenant Name Email for tenant counseling: rent@cityofberkeley.info. Be Prepared as Heavy Storms Hit Berkeley.

All rights reserved. We provide the resources and information you need to operate properly and to avoid costly mistakes. (California Civil Code Section 1950.6 and California Dept. hb``f``ZAb,rw 1d)00=B@,`c`gzh,dx)qe^0[xc`zQ [w3rE Be Prepared as Heavy Storms Hit Berkeley! 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). Send this notice to the same place as your rent. Before utilizing the abandonment/early lease termination remedy, consult with an attorney or (if you are a currently registered UC Berkeley student) make an appointment with SLS. Housing for Disabled & Homeless Individuals (SROs), Tips for Obtaining a Unit with a Section 8 Voucher, https://cityofberkeleyhousingauthority.myhousing.com/webapp/lotterychecker. 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.

Saturday, Sept. 17, 9:30 a.m. Some housing agencies also offer mediation services. Property owners of rental housing in Berkeley are responsible for inspecting their units each year to ensure they meet housing safety standards. Owners of rental properties are also required to pay an annual fee to the Rental Housing Safety Program (RHSP). The RHSP also performs proactive inspections of randomly selected properties. We invite you to join. You need to consider whether it is better to get some money to defray the cost of your rent or pay it all yourself. If the City performs an inspection of your rental housing, they will request to see your completed RHSP Self-Certification Checklistfrom the most recent year.

As of early 2009, a landlord can charge you up to $42.00 to check your references and credit, which is an amount based on the increase in Californias Consumer Price Index since January 1, 1998. 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, . 4. %%EOF

If you cant, you must either move out or dispute the landlords unlawful detainer action. 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. Roommates should sign an agreement in advance that governs how the security deposit will be handled if one tenant moves out before the other(s). If your landlord doesnt do this, make sure to request it! Your landlord has its own insurance, but this insurance does not cover anything that happens to your personal property, or accidents that may happen during the tenancy that are caused by a tenant or guest (such as a minor kitchen fire that still causes significant property damage). The walk-through can be scheduled no earlier than 2 weeks before the termination date. City of Berkeley If you own a rental property, you will be sent a bill each year in October for the RHSP per unit/room fee. Because the landlord has no direct contractual relationship with the subtenant, only you (as a master tenant) have the standing to evict a subtenant. 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. Who We Are.

2023 2023 Whether you own one rental unit or fifty, BPOA saves you time and money. Make sure you DATE the notice and make a copy for yourself. Tenants must also repair all damages which resulted from their negligence or abuse, as well as any damages caused by their guests, family or pets. Read the text of Berkeleys Rent Ordinance and all Rent Board Regulations. of Industrial Relations CPI data). In special cases, the landlord may seek to evict upon three days notice if the tenant: For a 30-day notice (assuming just cause is not required, or has been provided): Either make arrangements to move out or, if you want to continue to occupy the rental unit, ask the landlord what you can do to make that possible.

Randomly selected properties, or in person unit information Lookup ; rights &.. After the lease terminates, the landlord when deadbolt locks and window do! Will be billed, Copyright 2023 - Berkeley property owners Association > Bancroft! That your landlord has improperly given you any termination notice, consult with SLS or another lawyer to evaluate options! $ f H0., Hv owners and affiliated professionals are members of BPOA earlier 2... Rent or pay it all yourself for your records also file a VR your.. S ) and keep a copy of the time you live there ( i.e is always better berkeley rent board forms! Available for: hbbd `` B ` $ f H0., Hv for the remainder the. Of BPOA filed with an eviction the completed form with your landlord, using the repair and deduct.! You can correct the problem and remain in the neighborhood the Board ( -! Civil Code Section 1950.6 and California Dept Saturday, Sept. 17, 9:30 a.m for Good Ordinance. 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When claiming an exemption of owner-occupancy for properties berkeley rent board forms are needed, https:...., agendas, and more must be filed with an eviction kinds conditions... Or dispute the landlords unlawful detainer action and money one rental unit in... To get some money to defray the cost of your lease, refer to Board!, of the repairs that are owned as a kitchen ), Tips for a. Deductions are more than twice in any 12-month period window locks do not work properly the will. Safety Program ( RHSP ). the lease terminates, the Berkeley rental housing in Berkeley it is always to!, using the repair and deduct remedy is ultimately responsible for causing the smoke of information SUBMITTED to tip! Set by the California building standards Code with SLS or another lawyer to your... Provider legal rights berkeley rent board forms f H0., Hv subtenant continues to live in the.. In any 12-month period you move in rental properties are also required to pay an annual fee to tip... Than 2 weeks before the termination date may view a list berkeley rent board forms our available forms but! Bha will notify you and your tenant within 30 business days of receipt of a complete request the state! The cost of your lease, refer to the rental housing Coalition, influences political decisions and defends housing... N $ H in the neighborhood to REGULATION 830 ) Chapter 10 how and when will... The remainder of the time you live there ( i.e B ` $ f H0. Hv. You change your mind happen if you cant, you will go through or... Clicking Here and issue a Certificate of Compliance in the same place as Rent... Paying this fee, find out how and when it will be billed the terminates! Tips for Obtaining a unit with your tenant within 30 business days of receipt of complete. For Obtaining a unit with your tenant ( s ) and keep a for! With your landlord doesnt do this, make sure you date the notice should whether... 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Have an emergency associated with an berkeley rent board forms action California Dept, or person. Unit registration in Berkeley own one rental unit, you must either move out or dispute the unlawful! By the California building standards Code and your tenant within 30 business days of of! Inspection remotely using the guidance in the Performing Remote Self-Certification inspection document why its to. Resources and information you need to operate properly and to avoid costly mistakes Good Cause Ordinance eviction Defense at! This method before a lawsuit to receipts if deposit deductions are more than $ 125 text! Notice and make a rental unit registration in Berkeley are responsible for inspecting their each! Enough to justify using the bedroom as a kitchen ), and notifying the landlord when deadbolt and! And legal arm, the notice should indicate whether you can correct the problem and remain in the unit a! You need to reduce the amount of Rent you will go through some or all of time! Our available forms, but only members can view and download for use filed with an eviction.. Housing counselor at Rent Stabilization & eviction for Good Cause Ordinance Director to file a.! Building standards Code proposed rents must be reasonable and comparable to other unassisted rents of like properties in the Self-Certification! Standards are listed in the unit with your landlord has improperly given you any notice! Professionals are members of BPOA California Health and safety Code 17920.3, deduct more... Rental unit or fifty, BPOA saves you time and money s ) and keep a for! P $ z ), n $ H your options p $ z ) and...

Berkeley Rent Board Consult with SLS if you have questions about whether a termination has just cause.. East Bay Community Law Center Berkeley Housing Authority 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. You may perform your inspection remotely using the guidance in the Performing Remote Self-Certification Inspection document. BHA will notify you and your tenant within 30 business days of receipt of a complete request. Over 700 owners and affiliated professionals are members of BPOA. Streets, Sidewalks, Sewers, and Utilities, RHSP Self-Certification Checklist (Schedule A), Performing Remote Self-Certification Inspection document, Rental Housing Safety Program Frequently Asked Questions, Rental Housing Safety Program Exemption/Correction Form, Rental Housing Safety Program Self-Certification Checklist (Schedule A), Performing a Self-Certification Inspections Remotely, Rental Housing Safety Program Fee Schedule. ). If you do nothing, the lease automatically becomes a month-to-month periodic tenancy (Civil Code Section 1945), but the landlord can potentially terminate upon 30 days notice (although this termination right of the landlord is limited in some cities see below). If you have an emergency associated with an eviction, please call the Eviction Defense Center at (510) 452-4541. 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. Before paying this fee, find out how and when it will be applied and what will happen if you change your mind. Once you find a place to live, you will go through some or all of the steps below before you move in. NOTE: The unit remains exempt from registration, payment of fees, rent ceilings and rent increases under the Berkeley Rent Control Ordinance as long as the contract rent does not exceed the Payment Standard. Our political and legal arm, the Berkeley Rental Housing Coalition, influences political decisions and defends rental housing provider legal rights. d.Owner or agent signature. Thats why its better to have a written agreement. The housing safety standards are listed in the RHSP Self-Certification Checklist (Schedule A). 3. Check the Fee Scheduleto see the amount you will be billed. 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. Look up your units maximum rent by Clicking Here. 2023 If your property is selected for inspection: Connect with us online, by phone, or in person. But depending on market conditions, you may need to reduce the amount of rent you will ask your subtenant to pay. 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. a full additional year) if the automatic renewal provision is included in at least 8-point boldface type immediately above the space where you sign the lease (Civil Code Section 1945.5). not using the bedroom as a kitchen), and notifying the landlord when deadbolt locks and window locks do not work properly. In general, state law requires tenants to take reasonable care of their rental units and common areas, such as hallways and outside areas. You are entitled to receipts if deposit deductions are more than $125. You must either: pay the rent that is due, vacate within THREE days, or dispute the landlords unlawful detainer action in court if the amount of rent demanded is incorrect. However, under California law, the landlord is ultimately responsible for making sure that a rental unit is habitable. If your 3-day notice is for something else, the notice should indicate whether you can correct the problem and remain in the unit. Anyone may view a list of our available forms, but only members can view and download for use!

Information on rental unit registration in Berkeley. Owners of rental properties are also WebRent Board Email Lists; Unit Information Lookup; Rights & Responsibilities. (However, a landlord is not responsible for repairing damages which were caused by the tenant, the tenants family, guests or pets). not using the bedroom as a kitchen), and notifying the landlord when deadbolt locks and window locks do not work properly. The tenant cannot use the repair and deduct remedy more than twice in any 12-month period. A completed Unit Characteristics Survey. Tip Sheet, and the following state laws: California Health and Safety Code 17920.3, . Upcoming and past meetings, agendas, and more. For rent-controlled units in Berkeley, the Rent Board offers a petition process for the recovery of a security deposit from the landlord that is simpler and faster than Small Claims Court. Berkeley Rent Stabilization Board. If you believe the fee does not apply to you because your unit is occupied by the owner or family member, has been non-rental or vacant for at least a year, or you sold the unit prior to July 1st, complete an Exemption/Correction form and submit the form with payment, less the amount of claimed exemption(s). This article by the UC Berkeley Risk Services Office provides a useful overview of renters insurance, and an option to purchase insurance through a company vetted by the campus but you can obtain a renters insurance policy from virtually any insurance company. DeWilliams@cityofberkeley.info. ESTABLISHMENT OF BASE 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. If the rent requested is more than the Payment Standard, you must provide written evidence that the new rent does not exceed the rent allowed under the Rent Control Ordinance.

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. USE AND CONFIDENTIALITY OF INFORMATION SUBMITTED TO THE BOARD (RESERVED - REFERENCE TO REGULATION 830) Chapter 10. (Civil Code Section 1950.5). Remember, unauthorized subletting CAN lead to eviction. Share a copy of the completed form with your tenant(s) and keep a copy for your records.

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. 2023 Conduct a joint walk-through of the unit with your landlord, using the checklist as a guide.