Rental Property Rules in Berkeley, CA (2026)
12 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
Some 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
Significant 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
Some 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
State law, not a Berkeley ordinance, sets the pass-through limit for rentals outside Berkeley's own rent control: Civil Code § 1947.12 caps any 12-month rent increase at 5% plus the local cost-of-living change or 10%, whichever is lower. Units already under Berkeley's stricter Rent Stabilization Ordinance are exempt from this state cap and follow the Rent Board's own ceiling instead.
Berkeley Rent Cap for Non-Controlled Units
Some RestrictionsCalifornia Civil Code § 1947.12(a), (d)(3), (k)(1)
(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 prior to the...
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
Some 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 Municipal Code Chapter 13.31 makes it unlawful for landlords to refuse rentals, deny units, or use income screening standards that discriminate against tenants paying with Section 8 vouchers or other housing assistance. Violators face criminal misdemeanor charges plus treble civil damages.
Berkeley Source-of-Income Housing Bias
Significant RestrictionsBerkeley Municipal Code § 13.31.020
It shall be unlawful for any person offering for rent or lease, renting, leasing, or listing any housing accommodation... to do or attempt to do any of the following: A. Refuse to rent or lease a housing accommodation... on the basis of source of income... D. To use a financial or income standard for rental housing that: 1. Privileges income earned directly by the tenant... over housing assista...
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...
Rent Increase Notice
Under Berkeley's Rent Stabilization Ordinance, any rent increase tied to the annual general adjustment or an individual rent-ceiling petition takes effect only after the landlord gives the tenant at least 30 days' written notice and the notice period runs out.
Berkeley Rent Increase Notice Rules
Significant RestrictionsBerkeley Municipal Code § 13.76.110(B) (Annual general adjustment of rent ceilings)
An upward general adjustment in rent ceilings does not automatically provide for a rent increase. Allowable rent increases pursuant to a general upward adjustment shall become effective only after the landlord gives the tenant at least a 30 days written notice of such rent increase and the notice period expires.
Repairs & Habitability
Berkeley's Housing Code sets the baseline every rental must meet: heat capable of reaching 68°F in habitable rooms, hot water of at least 110°F, working plumbing, and freedom from mold, vermin, and structural hazards. A unit missing any of these under BMC § 19.40.090 is a 'substandard building,' and the Building Official can order repairs, vacate the unit, or demolish it.
Berkeley Substandard Housing Standards
Some RestrictionsBerkeley Municipal Code §§ 19.40.050, 19.40.090
Habitable spaces shall be provided with heating facilities capable of maintaining a room temperature of 68° F at a point three feet above the floor in all habitable rooms... Hot water provided to plumbing fixtures shall be supplied at a temperature of not less than 110°F. ... Pursuant to Health and Safety Code Section 17920.3 or its successor, any building or portion thereof including any dwell...
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