Renting in Berkeley

Tenant screening and application fee limits

Landlords can charge prospective tenants a screening or application fee, but there are limits to how much. Prospective tenants should receive a copy of their credit report if the landlord obtained one, a receipt showing the cost of the screening, and a refund of any unused portion of the fee. For more information, including the current screening fee limit, see our Tenant Screening Fees page.

Make sure you can afford the rent

Signing a fixed-term lease may obligate you to pay the rent for the entire term, unless there is a really good reason to leave, like major habitability problems. If you move out before the lease ends, you may be held responsible for paying rent if the owner cannot re-rent the unit before the lease period expires. See our Lease Breaking page for more information.

Check if the unit has protections under the Rent Ordinance

Most rental units in Berkeley are either fully or partially covered by the Rent Ordinance, but some units are completely exempt from any protections. It’s important to know what rights you’ll have as a tenant. Check our Is Your Unit Covered by Rent Control? page for information about protections and various exemptions for different types of units. You can also contact us to ask about a particular unit.

Understand the terms of the lease before signing

It’s important to clearly understand what you are agreeing to before accepting the terms of a lease. While sometimes only the landlord can clarify what a proposed lease term means, we can help identify issues so that you are able to ask the right questions. Common issues are:

Last month’s rent: Ask the landlord if the last month's rent will be applied. Be clear on what the landlord's intentions are with all money collected (beyond the first month's rent) at the beginning of a tenancy. If you have a written lease, this should be clearly spelled out.

Discounted rent: For units with rent control, reduced, free, or discounted rent must be factored into the base rent ceiling for a new tenancy. For example, if a landlord and tenant agree to a rent of $2,000 per month for a new tenancy with a 12-month term, but the tenant receives one month of free rent, the base rent ceiling for the unit would be $1,833.33, which is the average of the monthly rent payments made for the initial lease term ($22,000/12 months). In this example, starting the month following the expiration of the initial lease term, the maximum rent the landlord could charge would be $1,833.33.

Paying for utilities: For tenancies that started on or after February 6, 2024, a landlord may charge a tenant in a fully covered unit for utilities only if either: the cost of the utilities is part of the base rent, or the utility service is separately-metered and the lease requires the tenant to place the utility in the tenant’s name. A landlord who is charging a tenant for utilities separately from rent on or after February 6, 2024, may file a petition with the Rent Board to add the average cost of utilities to the rent ceiling. Rent ceiling increases must be made through the petition process, but the parties can ask to waive the hearing if they agree on the increase, and the agreement and proof submitted with the petition meet certain standards. See our Rent Adjustment Petitions page for details.

Get a signed, written copy of your lease and receipts for all payments

California law requires your landlord to give you a copy of your lease, so you should ask for a copy of the landlord hasn't given you one. It's also important to get receipts for any payments that you make, especially if you pay in cash.

Notice of Tenant Rights

For tenancies that started on or after December 20, 2024, within fifteen days of the start of the tenancy, your landlord must give you a written notice containing the following information: The existence of and scope of the Rent Ordinance; the tenant’s right to petition against certain rent increases, if applicable; whether the unit is exempt from rent control; and any other partial exemptions which may exist. If the property has an interior common area that all tenants have access to, the landlord must post the notice in the common area. The Rent Board has created a Notice of Tenant Rights for Fully Covered Units and a Notice of Tenant Rights for Partially Covered Units that your landlord can use.

Document any issues with your unit

• Document in writing to the landlord any issues with the unit, and keep copies of your documentation for yourself.
• Have a friend, neighbor, or other neutral party witness the condition of the rental unit.
• Take date-stamped photos of any damage so that you are able to document the condition of your apartment when you moved in. Send them to your landlord.
• If the unit is presented in a condition that does not live up to the original rental agreement (for example, if the owner promised to fix a problem but did not), you should document this as well--in writing, along with photos if possible--soon after moving in.

When Your Lease Expires

In most cases, you do not have to move out just because your lease expires 

Rental units that are fully or partially covered by the Rent Ordinance have good cause for eviction protections. The expiration of a fixed-term lease is not good cause for eviction, so your landlord cannot make you leave just because your lease expires.

If your landlord asks you to sign a new lease

As of November 2024, you do NOT have to sign a new, substantially identical fixed-term lease upon expiration of the current lease if your landlord asks you to. After the lease expires, it automatically converts to a month-to-month agreement under the same terms of the original lease once your landlord accepts your rent. A landlord can never require a tenant to sign a lease that changes any material term of the original lease. Examples of material terms:

• Lease period
• Security deposit amount
• Space provided
• Services provided
• Late fees

Moving Out

When written notice of move-out is required

State law requires that the tenant give at least 30 days' written notice to the landlord if the tenant is terminating the tenancy. This does not apply to tenants planning to leave at the end of a fixed-term lease; in that case, tenants should check their lease and follow any notice requirements identified in the lease. 

Security deposit and interest

For information about recovering your security deposit and any interest you’ll be owed on your deposit, see our Security Deposit pages.

Other Common Issues

• Lease Breaking
• Subletting & Replacing Roommates