Rental Property Rules in Berkeley, CA (2026)
11 verified rental property rules for Berkeley, California, sourced directly from the municipal code and official government pages.
Verified from official government sources
Rent Control
Berkeley has one of the nation strongest Rent Stabilization Ordinances (adopted 1980) with annual AGA increases, just-cause eviction, and registration; enforced by the elected Rent Stabilization Board.
Berkeley Rent Control
Heavy RestrictionsCalifornia Civil Code § 1947.12 (AB 1482 Tenant Protection Act — statewide rent cap)
1947.12. (a) (1) Subject to subdivision (b), an owner of residential real property shall not, over the course of any 12-month period, increase the gross rental rate for a dwelling or a unit more than 5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower, of the lowest gross rental rate charged for that dwelling or unit at any time during the 12 months pri...
Just Cause Eviction
Berkeley has one of the oldest just-cause eviction ordinances in the US. Landlords must cite a specific legal reason from BMC Chapter 13.76 to terminate a tenancy, and relocation payments apply for no-fault evictions.
Berkeley Just Cause Eviction Rules
Heavy RestrictionsCalifornia Civil Code § 1946.2 (AB 1482 Tenant Protection Act of 2019)
1946.2. (a) Notwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate a tenancy without just cause, which shall be stated in the written notice to terminate tenancy. (b) For purposes of this section, "just cause" means either of the following: (1) At-fault just ca...
Rental Registration
Berkeley requires landlords of covered units to register annually with the Rent Stabilization Board, pay a per-unit fee, and comply with the Rental Housing Safety Program inspection cycle.
Berkeley Rental Housing Safety Program
Heavy RestrictionsCalifornia Civil Code § 1947.12(d) (AB 1482 exemptions from rent cap)
1947.12. (d) This section shall not apply to the following residential real properties: (1) Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income. (3) Housing subject to rent or price control through a public entity's valid exercise of i...
Relocation Assistance
Berkeley landlords issuing no-fault evictions must pay relocation assistance scaled by tenancy length, with elderly, disabled, and child-occupied households receiving enhanced payments under the Rent Stabilization Ordinance.
Relocation Payments for No-Fault Evictions
Heavy RestrictionsCalifornia Civil Code § 1946.2(d) (AB 1482 — relocation assistance for no-fault evictions)
(A) Assist the tenant to relocate by providing a direct payment to the tenant as described in paragraph (3). (B) Waive in writing the payment of rent for the final month of the tenancy, prior to the rent becoming due. (3) (A) The amount of relocation assistance or rent waiver shall be equal to one month of the tenant's rent that was in effect when the owner issued the notice to terminate the te...
Security Deposit Rules
Berkeley caps residential security deposits at two months rent for unfurnished units and requires landlords to pay annual interest to tenants, layered atop California Civil Code Section 1950.5 protections.
Security Deposit Caps and Interest Payments
Heavy RestrictionsCalifornia Civil Code § 1950.5 (residential security deposits)
1950.5. (a) This section applies to security for a rental agreement for residential property that is used as the dwelling of the tenant. (b) "Security" means any payment, fee, deposit, or charge imposed at the beginning of the tenancy. (c) (1) Except as provided in paragraph (2), (3), or (5), a landlord shall not demand or receive security, however denominated, in an amount or value in excess o...
No-Fault Evictions
Berkeley's Just Cause Eviction Ordinance, among the nation's earliest, restricts no-fault evictions to owner move-in, Ellis Act withdrawal, substantial rehabilitation, or government order, each with relocation duties.
Strict Just Cause Limits on No-Fault Evictions
Heavy RestrictionsCalifornia Civil Code § 1946.2(b)(2) (AB 1482 — no-fault just cause)
(2) No-fault just cause, which means any of the following: (A) (i) Intent to occupy the residential real property by the owner or the owner's spouse, domestic partner, children, grandchildren, parents, or grandparents for a minimum of 12 continuous months as that person's primary residence. (v) Clause (i) applies only if the intended occupant moves into the rental unit within 90 days after the ...
Pass-Through Charges
Berkeley restricts how landlords may pass operating costs and capital improvements through to tenants, requiring Rent Stabilization Board petitions and amortization rather than lump-sum surcharges.
Limited Pass-Throughs for Capital Improvements
Heavy RestrictionsCalifornia Civil Code § 1947.12(a) (AB 1482 — cap on gross rental rate increases including pass-through charges)
1947.12. (a) (1) Subject to subdivision (b), an owner of residential real property shall not, over the course of any 12-month period, increase the gross rental rate for a dwelling or a unit more than 5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower. In determining the lowest gross rental amount pursuant to this section, any rent discounts, incentives...
Tenant Anti-Harassment
Berkeley's Tenant Protection Ordinance prohibits sixteen categories of landlord harassment, providing tenants with private right of action, treble damages, and Rent Board enforcement against displacement pressure.
Tenant Protection Ordinance Bars Landlord Harassment
Heavy RestrictionsCalifornia Civil Code § 1940.2 (tenant anti-harassment, as amended by AB 291, 2017)
1940.2. (a) It is unlawful for a landlord to do any of the following for the purpose of influencing a tenant to vacate a dwelling: (3) Use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the tenant's quiet enjoyment of the premises in violation of Section 1927 that would create an apprehension of harm in a reasonable person....
Source-of-Income Discrimination
Berkeley bans landlord refusal to consider Section 8 vouchers and other lawful income sources, layered on California SB 329 protections and enforced by the Rent Board and civil courts.
Section 8 Voucher Discrimination Prohibited
Heavy RestrictionsCalifornia Government Code § 12955(a), (c) (Fair Employment and Housing Act — source-of-income protections)
12955. It shall be unlawful: (a) For the owner of any housing accommodation to discriminate against or harass any person because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information of that person. (c) For any ...
AB-1482 Notice Disclosure
California AB 1482 requires Berkeley landlords to provide written notice of statewide rent cap and just-cause coverage, even though Berkeley's stronger local rules supersede the floor for most pre-1995 units.
AB 1482 Tenant Protection Disclosure Required
Some RestrictionsCalifornia Civil Code § 1946.2(f) (AB 1482 — required tenant disclosure)
(f) An owner of residential real property subject to this section shall provide notice to the tenant as follows: (3) The notification or lease provision shall be in no less than 12-point type, and shall include the following: "California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all of th...
Eviction Moratorium History
Berkeley imposed one of California's longest local eviction moratoriums during the COVID emergency, finally sunsetting in August 2023 with continuing protections for pandemic-era rent debt.
Pandemic Eviction Moratorium and Wind-Down
Some RestrictionsLooking for Alameda County county-wide rules?
County ordinances apply to unincorporated areas and may supplement Berkeley city rules.
Rental Property Rules in Alameda County →