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
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.
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
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