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Berkeley, CA Rental Property Rules: Just Cause Eviction (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Just cause eviction rules in Berkeley, CA, sometimes called tenant protection or "for cause" eviction ordinances, list the specific legal reasons a landlord can end a tenancy.

Key Facts

Governing law
BMC Chapter 13.76
Agency
Berkeley Rent Stabilization Board
Relocation payment
Required for no-fault evictions
Filing required
Notice filed with Rent Board
Phone
(510) 981-7368

Summary

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.

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 cause, which means any of the following: (A) Default in the payment of rent. (B) A breach of a material term of the lease. (C) Maintaining, committing, or permitting the maintenance or commission of a nuisance.

Source: BMC Chapter 13.76 Rent Stabilization and Eviction for Good CauseView official code

Full Breakdown

Berkeley Municipal Code Chapter 13.76 (Rent Stabilization and Eviction for Good Cause Ordinance) predates California AB 1482 by decades and applies to most rental units in the city. Landlords must serve notice citing one of the enumerated good causes, which include nonpayment of rent, breach of lease, nuisance, owner move-in (OMI), Ellis Act withdrawal, or substantial rehabilitation. No-fault evictions (OMI, Ellis, capital improvement) require relocation assistance payments set annually by the Rent Board and additional amounts for elderly, disabled, minor, or low-income tenants. Notices must be filed with the Berkeley Rent Stabilization Board, and the Board provides mediation and hearings. Tenants facing eviction can contact the Rent Board at (510) 981-7368 or the East Bay Community Law Center for free legal help. AB 1482 (Civil Code 1946.2) provides a statewide floor but Berkeley's local ordinance is generally more protective.

Frequently Asked Questions

Can my landlord evict me without a reason in Berkeley?
No. Berkeley requires a specific good cause listed in BMC 13.76. Month-to-month tenancies cannot be terminated at will.
Do I get a relocation payment?
Yes, for no-fault evictions like owner move-in or Ellis Act withdrawal. Amounts are set yearly by the Rent Board and are higher for seniors, disabled, and families with minors.

Sources & Official References

Other rules in Berkeley

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