TENANT'S RIGHTS

Tenants in the State of California and especially tenants living in Berkeley can minimally expect the following rights to apply at all times during their tenancy:

UNDER CALIFORNIA LAW (Civil Code 1941.1)

CALIFORNIA HEALTH AND SAFETY CODE 
SECTIONS 17900 THROUGH 17995

CITY OF BERKELEY LAW
(Berkeley Municipal Code, Chapter 13.76)

In addition to the rights provided for by California Law as stated above, tenants in Berkeley are provided with the following additional rights: Just Cause Required for Eviction; landlord must file copy of any eviction notices or unlawful detainer actions served upon the tenant with the Rent Stabilization Board offices; interest due on security deposits; the rental unit must be registered with the Rent Stabilization Program; tenant cannot be charged more than the lawful rent ceiling on file with the rent board offices; tenant can file petition with Rent Board requesting a hearing to determine whether there are violations of tenant's rights and to obtain possible rent refunds, reductions, or other adjustments.

TENANT'S RESPONSIBILITIES

The California Civil Code requires a tenant to use the rental property properly and to keep it clean. C.C. Section 1941.2 states that the landlord's obligation to repair is contingent upon the tenant's obligation to:

Where a tenant violates these responsibilities, contributing substantially to the existence of dilapidation, the tenant cannot hold the landlord responsible for the fact that the unit is not habitable. In addition, the landlord is not obligated to repair any items damaged due to the tenant's negligence.