Renting In Berkeley
Landlords can charge potential renters a screening or application charge, however there are limitations to how much. Prospective occupants must receive a copy of their credit report if the landlord acquired one, an invoice showing the cost of the screening, and a refund of any unused part of the fee. To find out more, consisting of the existing screening fee limit, see our Tenant Screening Fees page.
Make sure you can pay for the rent
Signing a fixed-term lease might obligate you to pay the lease for the entire term, unless there is an actually great reason to leave, like major habitability issues. If you vacate before the lease ends, you may be held responsible for paying rent if the owner can not re-rent the system before the lease duration expires. See our Lease Breaking page for more details.
Check if the system has defenses under the Rent Ordinance
Most rentals in Berkeley are either totally or partially covered by the Rent Ordinance, however some units are entirely exempt from any protections. It's essential to understand what rights you'll have as an occupant. Check our Is Your Unit Covered by Rent Control? page for info about securities and numerous exemptions for different kinds of systems. You can also contact us to inquire about a specific system.
Understand the terms of the lease before signing
It is necessary to clearly understand what you are consenting to before accepting the regards to a lease. While sometimes just the landlord can clarify what a proposed lease term implies, we can assist determine problems so that you have the ability to ask the best concerns. Common problems are:
Last month's lease: Ask the property manager if the last month's rent will be applied. Be clear on what the property owner's intents are with all money gathered (beyond the first month's lease) at the start of a tenancy. If you have a written lease, this ought to be clearly spelled out.
Discounted rent: For systems with lease control, reduced, complimentary, or discounted lease should be factored into the base rent ceiling for a brand-new tenancy. For example, if a landlord and renter accept a lease of $2,000 each month for a brand-new tenancy with a 12-month term, but the tenant receives one month of totally free lease, the base lease ceiling for the unit would be $1,833.33, which is the average of the monthly rent payments made for the initial lease term ($ 22,000/ 12 months). In this example, the month following the expiration of the initial lease term, the maximum lease the proprietor could charge would be $1,833.33.
Spending for utilities: For tenancies that started on or after February 6, 2024, a landlord may charge a renter in a totally covered unit for energies just if either: the cost of the energies is part of the base rent, or the utility service is separately-metered and the lease requires the renter to place the utility in the occupant's name. A landlord who is charging an occupant for energies independently from rent on or after February 6, 2024, might file a petition with the Rent Board to include the average expense of utilities to the rent ceiling. Rent ceiling increases should be made through the petition process, however the celebrations can ask to waive the hearing if they concur on the increase, and the arrangement and proof sent with the petition satisfy specific standards. See our Rent Adjustment Petitions page for details.
Get a signed, composed copy of your lease and invoices for all payments
California law requires your property manager to give you a copy of your lease, so you must request for a copy of the property owner hasn't given you one. It's also essential to get invoices for any payments that you make, specifically if you pay in money.
Notice of Tenant Rights
For occupancies that started on or after December 20, 2024, within fifteen days of the start of the occupancy, your landlord must give you a written notification containing the following info: The presence of and scope of the Rent Ordinance; the renter's right to petition against particular lease boosts, if applicable; whether the system is exempt from rent control; and any other partial exemptions which may exist. If the residential or commercial property has an interior common area that all renters have access to, the proprietor should post the notification in the typical area. The Rent Board has produced a Notice of Tenant Rights for Fully Covered Units and a Notification of Tenant Rights for Partially Covered Units that your proprietor can utilize.
Document any concerns with your unit
- Document in composing to the landlord any issues with the unit, and keep copies of your documentation on your own.
- Have a good friend, neighbor, or other neutral party witness the condition of the rental.
- Take date-stamped photos of any damage so that you have the ability to record the condition of your apartment or condo when you relocated. Send them to your proprietor.
- If the unit is presented in a condition that does not measure up to the original rental agreement (for example, if the owner promised to repair an issue but did not), you must document this also-- in writing, along with photos if possible-- quickly after moving in.
When Your Lease Expires
In many cases, you do not have to move out just because your lease expires
Rentals that are fully or partly covered by the Rent Ordinance have great cause for expulsion protections. The expiration of a fixed-term lease is not good cause for eviction, so your landlord can not make you leave even if your lease expires.
If your property manager asks you to sign a brand-new lease
As of November 2024, you do NOT need to sign a brand-new, significantly similar fixed-term lease upon expiration of the existing lease if your landlord asks you to. After the lease ends, it automatically converts to a month-to-month arrangement under the exact same terms of the initial lease once your landlord accepts your lease. A property owner can never need a tenant to sign a lease that changes any material regard to the initial lease. Examples of material terms:
- Lease duration
- Security deposit amount
- Space offered
- Services provided
- Late costs
Moving Out
When written notice of move-out is required
State law needs that the renter offer at least one month' written notice to the property manager if the renter is ending the occupancy. This does not apply to renters planning to leave at the end of a fixed-term lease; because case, occupants should inspect their lease and follow any notification requirements determined in the lease.