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Berkeley, CA Rental Property Rules: No-Fault Evictions (2026)

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

Key Facts

Adopted
1980
Code
BMC 13.76
OMI occupancy
36 months
Ellis market exit
Five years

Summary

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.

(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 tenant vacates and occupies the rental unit as a primary residence for at least 12 consecutive months. (B) Withdrawal of the residential real property from the rental market.

Source: Berkeley Rent Stabilization BoardView official code

Full Breakdown

Adopted in 1980 alongside rent control, BMC 13.76 enumerates only twelve permissible eviction grounds, of which four are no-fault. Owner move-in requires the landlord or qualifying relative to occupy for 36 continuous months. Ellis Act withdrawals must remove the entire property from the rental market for at least five years. Substantial rehabilitation requires city-approved plans and 60-day notice. Government compliance orders demand documentation. Each no-fault filing must register with the Rent Stabilization Board and trigger relocation assistance.

Violations & Fines

Issuing a no-fault notice without statutory basis, failing to register with the Rent Board, or omitting relocation funds renders the eviction void and exposes the landlord to wrongful eviction damages.

Frequently Asked Questions

Can I evict to renovate?
Only if work requires the unit to be vacant for 30 plus days, you have city-approved plans, and you serve the tenant a right of first refusal at the prior rent.
How does AB 1482 interact?
Berkeley's stronger no-fault standards prevail because AB 1482 is a statewide floor that expressly preserves stricter local just-cause protections.

Sources & Official References

Other rules in Berkeley

Fire Regulations: Fire Pits & Backyard FiresSome RestrictionsRent ControlHeavy RestrictionsSecurity Deposit RulesSome RestrictionsAB-1482 Notice DisclosureSome RestrictionsPass-Through ChargesSome RestrictionsRental RegistrationSome RestrictionsTenant Anti-HarassmentSome RestrictionsRent Increase NoticeSignificant RestrictionsSource-of-Income DiscriminationSignificant RestrictionsRepairs & HabitabilitySome RestrictionsRelocation AssistanceSignificant RestrictionsJust Cause EvictionHeavy RestrictionsFence Regulations: Retaining WallsSome RestrictionsFire Regulations: Wildfire ZonesSignificant RestrictionsFire Regulations: Propane StorageSome RestrictionsFire Regulations: FireworksHeavy RestrictionsFire Regulations: Outdoor BurningSignificant Restrictions

All Berkeley rules

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No-Fault Evictions in Nearby Cities

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