Join now to receive membership benefits including: Another advantage of being a member of BPOA is that you will receive our monthly print newsletter. All rights reserved. 2023 According to Civil Code Section 1950.5, a security deposit cannot be deemed non-refundable. Other important information to know about your security deposit: The rental agreement is crucial, as it specifies all the terms of agreement between you and the landlord. Look up your units maximum rent by Clicking Here. pdffiller form berkeley It is always better to try this method before a lawsuit. If you own a residential property that you rent out, you are responsible for ensuring that your units meet housing safety standards. If some of your roommates are staying in the apartment, there may be an issue if your roommates do not approve of your subtenant. hbbd``b` $f H0., Hv?"tAGA $@P $z), n $H? yr Watch a recording. As of early 2009, a landlord can charge you up to $42.00 to check your references and credit, which is an amount based on the increase in Californias Consumer Price Index since January 1, 1998. If you have a roommate agreement, either written or oral, then the terms of the agreement would govern what type of permission may be necessary. Connect with us online, by phone, or in person. Smoking is not allowed in any multi-unit building with two or more units (i.e., apartments, co-ops, condominiums, common interest developments, etc.) Make sure you DATE the notice and make a copy for yourself. 2023 Berkeley Housing Authority1947 Center Street, Fifth FloorBerkeley, CA 94704. WebIf your lease is month-to-month, the Landlord can typically terminate by simply giving you 30 days notice and usually doesnt have to state any reason, unless you live in some California City of Berkeley See the FAQ section below for a discussion of the consequences of an eviction. If you feel that your landlord has improperly given you any termination notice, consult with SLS or another lawyer to evaluate your options. The notice is mailed to the address of the responsible party according to the Alameda County Assessors Office and to the account holder. 3. This is particularly problematic if the subtenant has stopped paying rent. Please note payments options for this service. WebRent Board Email Lists; Unit Information Lookup; Rights & Responsibilities. If your property is selected for inspection: Connect with us online, by phone, or in person. For rent-controlled units in Berkeley, the Rent Board offers a petition process for the recovery of a security deposit from the landlord that is simpler and faster than Small Claims Court. All proposed rents must be reasonable and comparable to other unassisted rents of like properties in the neighborhood. When subleasing, a tenant brings in a subtenant, but is still obligated under the lease. 2041 Bancroft Way Suite #203Berkeley, California 94704United States, Copyright 2023 - Berkeley Property Owners Association. recommended. Mission: To regulate residential rent increases in the City of Berkeley, protect against unwarranted rent increases and evictions, and provide a fair return to property owners. Send this notice to the same place as your rent. The law usually considers 30 days to be reasonable, but a shorter period may be considered reasonable. Hence,its a good idea to ask for a security deposit from the subtenant. Be Prepared as Heavy Storms Hit Berkeley! Whether you own one rental unit or fifty, BPOA saves you time and money. The tenant should keep all receipts for the repairs. In addition, the law specifically states that tenants are responsible for: using and operating gas and plumbing effectively, disposing of trash in a sanitary manner, not removing any part of the structure, facilities or equipment, using each room for its intended use (e.g. The landlord is supposed to notify you in writing that the tenant has a right to the walkthrough with landlord, within a reasonable time after either party has provided notice of termination (Civil Code 1950.5). The law is very specific as to what kinds of conditions make a rental unit uninhabitable. 213 0 obj <>/Filter/FlateDecode/ID[<037A83386AD4D3499C031B24065C8E04>]/Index[193 35]/Info 192 0 R/Length 101/Prev 198473/Root 194 0 R/Size 228/Type/XRef/W[1 3 1]>>stream We implement Berkeleys Rent Ordinance, which regulates most residential rents in Berkeley, gives tenants protection against unwarranted evictions, and is intended to maintain affordable housing and preserve community diversity. Our rental agreements are specific to Berkeley and are approved by Berkeley lawyers. Tip Sheet, and the following state laws: California Health and Safety Code 17920.3, . endstream endobj startxref If you have an emergency associated with an eviction, please call the Eviction Defense Center at (510) 452-4541. . Email for tenant counseling: [email protected]. Berkeley Housing Authority 302 0 obj <> endobj IF the landlord does agree to let you stay, make sure this agreement is in writing! Available for: All rights reserved. Consult Student Legal Services for assistance, and see sls.berkeley.edu for a sample security deposit demand letter that you should send before filing a Small Claims action. From news and political reports to articles and advice, we cover the state and local issues you need to know about as a housing provider in Berkeley. 351 0 obj <>stream The landlord can only receive the higher rent for the remainder of the time you live there (i.e. This also includes common areas such as private decks, balconies, and porches of units. Only those applicants who were selected in the lottery will be able to register by clicking on the following link:Login - My Housing, For more information, call the pre-recorded Informational Line at 510-981-5495. Contact a housing counselor by phone or email, or make an appointment. Seek outside help or consult with SLS if this is the case. Connect with us online, by phone, or in person. An increase of more than 10% requires 90 days notice in writing (per California Civil Code Section 827(b)(3)). Both you and the landlord have the duty to deal with one another fairly and in good faith. If talking with your landlord doesnt work, there are many services available to help you, such as: When your lease has expired and you are ready to move out of your apartment or house, there are a few steps you should take to ensure legal problems do not arise when you are gone. If the tenant deducted money for repairs not covered by this legal remedy, or they didnt give the landlord proper notice, or reasonable time to make the repairs, the court can order the tenant to pay the full rent (even though the tenant paid for the repairs), or order that an eviction could proceed. USE AND CONFIDENTIALITY OF INFORMATION SUBMITTED TO THE BOARD (RESERVED - REFERENCE TO REGULATION 830) Chapter 10. Discuss your plans with your landlord in advance, EVEN IF your rental agreement does not directly prohibit subleasing. Check the Fee Scheduleto see the amount you will be billed. NOTE: The unit remains exempt from registration, payment of fees, rent ceilings and rent increases under the Berkeley Rent Control Ordinance as long as the contract rent does not exceed the Payment Standard. At the end of a lease term, allowable rent increases may be limited by a local rent control ordinance (as in Berkeley, Oakland, and San Francisco) or by California state law (California Civil Code Section 1947.12). Another possible risk is that the subtenant may not leave the apartment when the lease ends. Step 3: When you get your deposit in the mail, make sure you have received an itemized statement of deductions, so you know exactly how much was deducted and for what reasons. Joining BPOA is the easiest business decision you'll ever make. Some housing agencies also offer mediation services. You may perform your inspection remotely using the guidance in the Performing Remote Self-Certification Inspection document. All rights reserved. hb``f``ZAb,rw 1d)00=B@,`c`gzh,dx)qe^0[xc`zQ [w3rE Before paying this fee, find out how and when it will be applied and what will happen if you change your mind. Always keep a copy of this notice! Only those applicants who were selected in the lottery will be able to register by clicking on the following link:Login - My Housing, For more information, call the pre-recorded Informational Line at 510-981-5495. WebNotice of Rent Increase Only tenancies that started prior to January 1, 2021, are eligible for the 2022 AGA increase. BPOA is the grassroots trade association that represents rental housing providers in the city of, Access to member-only features and content, Access to the Vendor & Supplier Directory. The Berkeley Housing Authority (BHA) policy permits an owner/agent to receive one rent increase per year per unit, provided: (1) The request is supported by a rent reasonableness determination; (2) unit meets Housing Quality Standards (HQS); (3) The rent increase will be effective after the first year of the lease. All rights reserved. WebIncumbent Soli Alpert, the boards vice chair and an aide to Councilmember Rigel Robinson, is running along with Stefan Elgstrand, aide to Mayor Jesse Arregun; Carole Marasovic, a . In general, state law requires tenants to take reasonable care of their rental units and common areas, such as hallways and outside areas. BPOA is the grassroots trade association that represents rental housing providers in the city ofBerkeley. Berkeley Housing Authority If you feel you are a victim of unlawful discrimination, act quickly! Over 700 owners and affiliated professionals are members of BPOA. Berkeley Rent Board Our political and legal arm, the Berkeley Rental Housing Coalition, influences political decisions and defends rental housing provider legal rights. It is extremely important to take note of any repairs or issues right away and. Property owners of rental housing in Berkeley are responsible for inspecting their units each year to ensure they meet housing safety standards. Owners of rental properties are also required to pay an annual fee to the Rental Housing Safety Program (RHSP). The RHSP also performs proactive inspections of randomly selected properties. Communication. If you are experiencing second-hand smoke from another unit in your building, pleasesubmit a complaint form. to make the needed repairs before undertaking the repairs themselves. Once you find a place to live, you will go through some or all of the steps below before you move in. WebBPOA is the grassroots trade association that represents rental housing providers in the city of Berkeley. If you are not able to provide a completed checklist, you may be issued a citation, with fines starting at $200 per unit or room. If no violations or deficiencies are observed, the inspector will close the case and issue a Certificate of Compliance. Saturday, Sept. 17, 9:30 a.m. Website: rentboard.berekleyca.gov. The Berkeley Property Owners Association's mission is to help housing providers meet the unique demands of the Berkeley housing market. Because the landlord has no direct contractual relationship with the subtenant, only you (as a master tenant) have the standing to evict a subtenant. If two separate units in your building submit complaint forms within six months of each other, the City of Berkeleys Code Enforcement staff will investigate the complaint. In addition, the law specifically states that tenants are responsible for: using and operating gas and plumbing effectively, disposing of trash in a sanitary manner, not removing any part of the structure, facilities or equipment, using each room for its intended use (e.g. Once you decide to rent a unit, the landlord will probably require a security deposit. 227 0 obj <>stream You will need to file a Tenant Petition for Individual Rent Adjustment. See the Rent Board Web site for more details. Access to Rent Board forms, data and reports. Owners of rental properties must perform a safety inspection each year and pay an annual fee. More information on requesting an inspection can be found on the Housing Code Enforcement Inspection page. Request a housing counseling appointment here. If violations are corrected, the inspector will close the case and issue a Certificate of Compliance. If the landlord rents the apartment to someone else, you are entitled to your holding deposit and any other costs that you have incurred. COVID-19: Information for Tenants & Landlords, City of Berkeley Ordinances Affecting Rental Properties, Berkeley City Council Places End Dates on COVID-19 Eviction Moratorium, Notice of Public Hearing on Possible Increase of Registration Fees, Berkeley Rent Board Supports Bill to Stop Skyrocketing Security Deposits. The tenant cannot use the repair and deduct remedy more than twice in any 12-month period. If you cant, you must either move out or dispute the landlords unlawful detainer action. An online account allows you to: This option is also for current individual members or staff of company members who need to log in, but do not have a user account set up. However, there are specific requirements and steps for using this remedy, as follows: Using the Repair and Deduct remedy can be effective, but it carries some risk. Our offices are CLOSED to the public on all Wednesdays. This means that a landlord has an obligation to repair problems that make a rental unit legally uninhabitable. If you have a Fixed term lease, it can only be renewed automatically by the landlord for the same duration (e.g. WebOnce the required information has been received, the rent reasonableness determination will begin. You must pay the fee within 30 days of receiving the bill, and can pay by credit card or check. If so, the landlord can sue the tenant to recover the money deducted from the rent, or attempt to evict the tenant for nonpayment of rent. If the rent requested is more than the Payment Standard, you must provide written evidence that the new rent does not exceed the rent allowed under the Rent Control Ordinance. means that a rental unit is fit for occupation by humans and substantially complies with state and local building and health codes that affect tenants health and safety. d.Owner or agent signature. Berkeley Rent Board If you have an emergency related to an unlivable condition in your 193 0 obj <> endobj For more information about this remedy, please see the Implied Warranty of Habitability section of the Terminating a Lease Tip Sheet. If your landlord does NOT return your security deposit to you within 21 days, or has made improper deductions, you can sue in Small Claims Court. For additional information, check out the Department of Consumer Affairs, , such as hallways and outside areas. One of the advantages of being a member is having access to a wide array of useful forms, some of which have been createdjust for our members. The inspections are comprehensive and include the selected unit(s), common areas and exterior of the property to verify they meet the California Building Standards Code. If you are already a member of BPOA and you need to create a login, or if you would like to create a non-member account, you may set up your login information by clicking "Create An Account" below. If your lease is month-to-month, the Landlord can typically terminate by simply giving you 30 days notice and usually doesnt have to state any reason, unless you live in some California cities (including Berkeley, Oakland and San Francisco), where just cause is required for a landlord to terminate the lease. [email protected]. 0 What is a reasonable period of time? Be Prepared as Heavy Storms Hit Berkeley. For additional information, check out the Department of Consumer Affairs Legal Guide to Rental Housing & Repairs. All cited violations must be corrected by the reinspection date. WebProperty owners of rental housing in Berkeley are responsible for inspecting their units each year to ensure they meet housing safety standards. BHA will notify you and your tenant within 30 business days of receipt of a complete request. endstream endobj 194 0 obj <. For rent-controlled units in Berkeley, the Rent Board offers a petition process for the recovery of a security deposit from the landlord that is simpler and faster than Small Claims Court. You will need to file a TTenant Petition for Individual Rent Adjustment. See the Rent Board Web site for more details. Stay connected: COVID-19 resources | Coronavirus health services | Student wellness toolsx. %PDF-1.6 % In the notice to the landlord, the tenant should, If the landlord doesnt make the repairs requested, and doesnt have a valid reason for doing so, the tenant may have the option to use the , that affect their health and safety and render the rental unit legally uninhabitable. As an alternative to the Repair and Deduct remedy, the law may allow a tenant to abandon (leave) a rental unit, if the landlord refuses to repair defects that render a unit legally uninhabitable, without further liability to the landlord under the lease contract. Be Prepared as Heavy Storms Hit Berkeley. When a tenant becomes aware of necessary repairs to their unit, they should, and keep a copy for their records. %%EOF The walk-through can be scheduled no earlier than 2 weeks before the termination date. As an alternative to the Repair and Deduct remedy, the law may allow a tenant to abandon (leave) a rental unit, if the landlord refuses to repair defects that render a unit legally uninhabitable, . Owners of rental properties are also required to pay an annual fee to the Rental Housing Safety Program (RHSP). If your 3-day notice is for something else, the notice should indicate whether you can correct the problem and remain in the unit. Share a copy of the completed form with your tenant(s) and keep a copy for your records. Soli Alpert; Nathan Mizell; Vanessa Danielle Marrero; Ida Martinac; Negeene Mosaed; What We Support; Tenant Resources; Endorsements; Donate; WebChapter 9. Rent reasonablenessis defined asrents that do not exceed the rents charged for comparable, unassisted units in the same market area. A notice to BHA of any proposed change in the amount of the rent to the owner at least sixty days before the proposed changes are to go into effect. For information on early termination of your lease, refer to the tip sheet Terminating a Lease. For example, it is possible that the defects to the unit are not serious enough to justify using the repair and deduct remedy. Berkeley Rent Stabilization Board. Click on the link to see whether or not you were selected in the Waitlist 2022 random draw: If an applicant is selected, they can register on the following portal that will allow them access to update any of their information. While every effort is made to post current information, documents may not reflect recent revisions or corrections. . TheUnit Characteristics Surveyprovides specific information about the property to assist in making the most informed rent reasonableness determination. If this IS the case and you want to remain in the unit, you must correct the problem before the third day. If you have an emergency related to an unlivable condition in your rental unit, please call the Rental Housing Safety Program at (510) 981-5444 to request an inspection. If your landlord doesnt do this, make sure to request it! %PDF-1.5 % not using the bedroom as a kitchen), and notifying the landlord when deadbolt locks and window locks do not work properly. WebIncumbent Soli Alpert, the boards vice chair and an aide to Councilmember Rigel Robinson, is running along with Stefan Elgstrand, aide to Mayor Jesse Arregun; Carole Marasovic, a policy commissioner and attorney; Vanessa Danielle Marrero, the executive director of a parent advocacy group; Ida Martinac, an attorney; Nathan Mizell, a paralegal and Berkeley Police To begin the rent increase process, you must provide the following documents: The notice must include the following information: a.Tenant Name If the tenant deducted money for repairs not covered by this legal remedy, or they didnt give the landlord proper notice, or reasonable time to make the repairs, the court can order the tenant to pay the full rent (even though the tenant paid for the repairs), or order that an eviction could proceed. Otherwise, you must move out. Step 2: Know the legal deductions a landlord can make. Consult with SLS if you have questions about whether a termination has just cause.. ; unit information Lookup ; Rights & Responsibilities the termination date the of... Something else, the inspector will close the case and you want to remain in the of. Is that the subtenant this is the case and you want to in!,, such as private decks, balconies, and keep a copy the... Want to remain in the city ofBerkeley Legal deductions a landlord has improperly given any! Units meet housing safety Program ( RHSP ) your rental agreement does not directly prohibit subleasing victim! Duty to deal with one another fairly and in good faith do this, make sure you the! Unit or fifty, BPOA saves you time and money ), n $ H inspecting units. ) Chapter 10 walk-through can be scheduled no earlier than 2 weeks before the termination date and of... Complete request are not serious enough to justify using the guidance in Performing... 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