Landlords can charge prospective occupants a screening or application fee, however there are limitations to how much. Prospective renters ought to get a copy of their credit report if the property manager obtained one, a receipt revealing the expense of the screening, and a refund of any unused part of the charge. To learn more, consisting of the current screening charge limitation, see our Tenant Screening Fees page.

Ensure you can manage the lease

Signing a fixed-term lease might obligate you to pay the rent for the whole term, unless there is an actually good factor to leave, like major habitability problems. If you leave before the lease ends, you may be held accountable for paying lease if the owner can not re-rent the system before the lease period expires. See our Lease Breaking page to find out more.

Check if the system has defenses under the Rent Ordinance

Most rental systems in Berkeley are either totally or partly covered by the Rent Ordinance, but some systems are completely exempt from any defenses. It's crucial to understand what rights you'll have as an occupant. Check our Is Your Unit Covered by Rent Control? page for details about protections and numerous exemptions for different types of systems. You can likewise contact us to ask about a specific unit.

Understand the terms of the lease before signing

It is necessary to plainly comprehend what you are concurring to before accepting the terms of a lease. While in some cases only the property owner can clarify what a proposed lease term means, we can help recognize problems so that you are able to ask the best concerns. Common problems are:

Last month's rent: Ask the property owner if the last month's lease will be used. Be clear on what the property manager's intents are with all cash collected (beyond the very first month's lease) at the start of a tenancy. If you have a composed lease, this should be plainly defined.

Discounted lease: For systems with rent control, reduced, free, or discounted rent must be factored into the base lease ceiling for a brand-new occupancy. For instance, if a property manager and tenant accept a lease of $2,000 per month for a new occupancy with a 12-month term, but the tenant gets one month of complimentary rent, the base rent ceiling for the system would be $1,833.33, which is the average of the monthly rent payments made for the preliminary lease term ($ 22,000/ 12 months). In this example, beginning the month following the expiration of the preliminary lease term, the maximum rent the property owner could charge would be $1,833.33.

Spending for energies: For tenancies that began on or after February 6, 2024, a property manager may charge a tenant in a totally covered system for energies just if either: the cost of the utilities is part of the base rent, or the energy service is separately-metered and the lease needs the tenant to put the utility in the occupant's name. A property owner who is charging an occupant for utilities separately from lease on or after February 6, 2024, may submit a petition with the Rent Board to add the typical cost of utilities to the lease ceiling. Rent ceiling boosts need to be made through the petition process, however the parties can ask to waive the hearing if they concur on the boost, and the contract and proof sent with the petition fulfill particular standards. See our Rent Adjustment Petitions page for details.

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

California law needs your landlord to give you a copy of your lease, so you must ask for a copy of the proprietor hasn't provided you one. It's likewise crucial to get receipts for any payments that you make, specifically if you pay in cash.

Notice of Tenant Rights

For occupancies that started on or after December 20, 2024, within fifteen days of the start of the occupancy, your property owner should give you a written notice containing the following info: The presence of and scope of the Rent Ordinance; the tenant's right to petition against certain rent increases, if applicable; 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 location that all occupants have access to, the landlord needs to post the notice in the typical location. The Rent Board has actually developed a Notification of Tenant Rights for Fully Covered Units and a Notice of Tenant Rights for Partially Covered Units that your property manager can utilize.

Document any concerns with your unit

- Document in writing to the property manager any problems with the system, and keep copies of your documents for yourself.

- Have a good friend, neighbor, or other neutral party witness the condition of the rental system.

- Take date-stamped images of any damage so that you are able to record the condition of your apartment or condo when you moved in. Send them to your property owner.

- If the unit is presented in a condition that does not live up to the original rental agreement (for example, if the owner assured to repair a problem but did not), you ought to document this also-- in writing, together with pictures if possible-- quickly after moving in.


When Your Lease Expires

In a lot of cases, you do not have to leave even if your lease ends

Rentals that are totally or partially covered by the Rent Ordinance have excellent cause for eviction protections. The expiration of a fixed-term lease is not excellent cause for eviction, so your proprietor can not make you leave simply since your lease ends.

If your landlord asks you to sign a new lease

As of November 2024, you do NOT have to sign a brand-new, substantially similar fixed-term lease upon expiration of the existing lease if your landlord asks you to. After the lease ends, it automatically converts to a month-to-month agreement under the same regards to the initial lease when your landlord accepts your rent. A proprietor can never ever require a renter to sign a lease that changes any material term of the initial lease. Examples of material terms:

- Lease duration

- Down payment quantity

- Space offered

- Services provided

- Late costs


Leaving

When written notification of move-out is needed

State law needs that the occupant provide at least 1 month' written notification to the proprietor if the renter is terminating the tenancy. This does not apply to tenants preparing to leave at the end of a fixed-term lease; in that case, tenants need to examine their lease and follow any notification requirements determined in the lease.