LANDLORD'S RIGHTS

Before the rental unit is rented, the landlord has the right to:

  • Offer and advertise vacant units for rent.
  • Screen potential tenants.
  • Select the tenant who is to reside in the rental unit.
  • Determine the terms of the rental agreement, including: how much rent to charge the incoming tenant (within lawful limit); whether to allow pets; etc.
  • Collect first month's rent and security deposit.

After the rental unit has been rented, the landlord has the right to:

  • Landlord has a right to petition for additional rent increases pursuant to¬†Chapter 12 of the Rent Stabilization Board Regulations.
  • Enter the rental unit under the following circumstances:
    • In an emergency
    • To make necessary or agreed upon repairs, decorations, alterations, or improvements, supply necessary services, or show the unit to prospective buyers, tenants, or workers; when a tenant has abandoned or given up the premises; as a result of a Court Order.
  • Initiate¬†eviction proceedings for the following reasons:
    • Non-payment of rent. (Berkeley Municipal Code (BMC) section 13.76.130A(1).)
    • Failure to comply with a material term of the lease. (BMC section 13.76.130A(2).)
    • Tenant causes or allows damage to the unit and refuses to pay for the damage. (BMC section 13.76.130A(3).)
    • Tenant refuses to sign a new lease which is substantially the same as the old lease. (BMC section 13.76.130A(4).)
    • After notice to cease, the tenant continues to be disruptive as to destroy the peace and quiet of other tenants. (BMC section 13.76.130A(5).)
    • Tenant refuses to allow access to the landlord who has a legitimate reason to do so. (BMC section 13.76.130A(6).)
    • To make needed repairs which cannot be completed while the tenant resides in the unit. (BMC section 13.76.130A(7).)
    • Owner seeks in good faith to demolish the rental unit and has received all permits to do so. (BMC section 13.76.130A(8).)
    • Owner seeks in good faith to recover possession of the rental unit to occupy as his/her principal residence or the principal residence of a parent or child, and there is no vacant or comparable unit otherwise available. (BMC section 13.76.130A(9).)
    • The owner or lessor wishes to recover a subletted unit which was previously occupied as his/her principal residence. (BMC section 13.76.130A(10).)
    • Tenant refuses to vacate temporary housing provided while repairs were being completed on tenant's unit. (BMC section 13.76.130A(11).)
    • Owner wishes to permanently go out of the residential rental business and has followed all the procedures required by the ordinance to do so. (BMC section 13.77.)

LANDLORD'S RESPONSIBILITIES

  • Responsible for maintaining all rental property in habitable condition. (California Civil Code section 1941.1.)
  • Responsible for properly registering rental property with the Rent Stabilization Board (RSB). (BMC section 13.76.080)
  • Responsible for annual refund of interest accrued on security deposits held on behalf of tenants. (BMC section 13.76.070.)
  • Responsible for collecting no more than the maximum lawful rent. (BMC section 13.76.100; California Civil Code section 1954.50 et.seq.)
  • Responsible for filing with the RSB a copy of any notice of termination, notice to quit, and/or summons and complaint, within ten (10) days after the tenant has been served with such notice or summons and complaint. (BMC section 13.76.130D.)