Renting In Berkeley

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Landlords can charge potential tenants a screening or application fee, but there are limitations to how much.

Landlords can charge prospective renters a screening or application cost, however there are limits to how much. Prospective tenants need to receive a copy of their credit report if the landlord obtained one, an invoice showing the cost of the screening, and a refund of any unused part of the charge. To learn more, consisting of the current screening cost limit, see our Tenant Screening Fees page.


Ensure 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 excellent reason to leave, like significant habitability problems. If you vacate before the lease ends, you might be delegated paying lease if the owner can not re-rent the unit before the lease duration ends. See our Lease Breaking page for additional information.


Check if the unit has defenses under the Rent Ordinance


Most rentals in Berkeley are either completely or partially covered by the Rent Ordinance, however some units are totally exempt from any protections. It is essential to know what rights you'll have as a renter. Check our Is Your Unit Covered by Rent Control? page for information about securities and numerous exemptions for various kinds of systems. You can likewise call us to ask about a specific unit.


Understand the terms of the lease before signing


It is very important to plainly comprehend what you are accepting before accepting the terms of a lease. While sometimes just the property manager can clarify what a proposed lease term means, we can assist recognize issues so that you are able to ask the ideal questions. Common concerns are:


Last month's lease: Ask the landlord if the last month's rent will be used. Be clear on what the landlord's intents are with all money collected (beyond the first month's lease) at the start of an occupancy. If you have actually a written lease, this need to be clearly spelled out.


Discounted rent: For units with lease control, lowered, totally free, or discounted rent should be factored into the base lease ceiling for a brand-new occupancy. For instance, if a landlord and tenant concur to a lease of $2,000 each month for a new occupancy with a 12-month term, however the tenant receives one month of totally free rent, the base lease ceiling for the system would be $1,833.33, which is the average of the regular monthly lease payments produced the preliminary lease term ($ 22,000/ 12 months). In this example, beginning the month following the expiration of the preliminary lease term, the maximum rent the landlord might charge would be $1,833.33.


Spending for energies: For occupancies that began on or after February 6, 2024, a proprietor may charge a renter in a totally covered unit for utilities just if either: the expense of the energies becomes part of the base lease, or the energy service is separately-metered and the lease needs the renter to position the utility in the tenant's name. A property manager who is charging a tenant for utilities individually from lease on or after February 6, 2024, might file a petition with the Rent Board to add the average expense of utilities to the lease ceiling. Rent ceiling boosts must be made through the petition process, however the parties can ask to waive the hearing if they settle on the boost, and the agreement and evidence submitted with the petition meet certain standards. See our Rent Adjustment Petitions page for information.


Get a signed, written copy of your lease and invoices for all payments


California law requires your property manager to offer you a copy of your lease, so you ought to ask for a copy of the property owner hasn't offered you one. It's likewise essential to get receipts for any payments that you make, specifically if you pay in cash.


Notice of Tenant Rights


For occupancies that began on or after December 20, 2024, within fifteen days of the start of the occupancy, your proprietor must give you a written notice including the following information: The existence of and scope of the Rent Ordinance; the occupant's right to petition against particular rent boosts, if appropriate; 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 typical area that all renters have access to, the property owner needs to publish the notification in the typical location. The Rent Board has developed a Notice of Tenant Rights for Fully Covered Units and a Notification of Tenant Rights for Partially Covered Units that your property manager can utilize.


Document any issues with your system


- Document in composing to the property manager any issues with the system, and keep copies of your documentation on your own.

- Have a pal, next-door neighbor, or other neutral party witness the condition of the rental.

- Take date-stamped images of any damage so that you have the ability to document the condition of your apartment or condo when you moved in. Send them to your landlord.

- If the system is presented in a condition that does not measure up to the original rental agreement (for example, if the owner assured to repair an issue however did not), you must record this too-- in writing, along with images if possible-- quickly after moving in.


When Your Lease Expires


In a lot of cases, you do not have to move out simply because your lease expires


Rental units that are completely or partially covered by the Rent Ordinance have great cause for expulsion defenses. The expiration of a fixed-term lease is not great cause for expulsion, so your proprietor can not make you leave just because your lease expires.


If your property manager asks you to sign a brand-new lease


Since November 2024, you do NOT need to sign a new, considerably identical fixed-term lease upon expiration of the present lease if your landlord asks you to. After the lease expires, it immediately transforms to a month-to-month arrangement under the very same regards to the original lease when your proprietor accepts your rent. A landlord can never ever need a tenant to sign a lease that changes any material term of the original lease. Examples of product terms:


- Lease duration

- Down payment amount

- Space supplied

- Services provided

- Late costs


Moving Out


When composed notification of move-out is required


State law needs that the tenant provide a minimum of thirty days' written notice to the proprietor if the renter is terminating the occupancy. This does not apply to occupants planning to leave at the end of a fixed-term lease; because case, occupants ought to check their lease and follow any notice requirements determined in the lease.

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