Landlords can charge prospective renters a screening or application fee, but there are limits to how much. Prospective tenants must receive a copy of their credit report if the property owner gotten one, an invoice revealing the expense of the screening, and a refund of any unused part of the fee. For more details, consisting of the existing screening charge limitation, see our Tenant Screening Fees page.

Ensure you can manage the rent

Signing a fixed-term lease might obligate you to pay the rent for the entire term, unless there is an actually great reason to leave, like major habitability problems. If you move out before the lease ends, you might be delegated paying lease if the owner can not re-rent the system before the lease period expires. See our Lease Breaking page for additional information.

Check if the system has protections under the Rent Ordinance

Most rentals in Berkeley are either completely or partially covered by the Rent Ordinance, but some units are completely exempt from any defenses. It's essential to know what rights you'll have as an occupant. Check our Is Your Unit Covered by Rent Control? page for details about protections and different exemptions for different types of units. You can likewise contact us to inquire about a specific system.

Understand the terms of the lease before signing

It's essential to plainly understand what you are consenting to before accepting the terms of a lease. While often just the proprietor can clarify what a proposed lease term means, we can assist recognize concerns so that you have the ability to ask the best concerns. Common issues are:

Last month's rent: Ask the proprietor if the last month's rent will be used. Be clear on what the property owner's objectives are with all money collected (beyond the first month's rent) at the start of a tenancy. If you have a written lease, this must be plainly spelled out.

Discounted lease: For units with lease control, reduced, free, or discounted rent needs to be factored into the base lease ceiling for a new occupancy. For example, if a proprietor and occupant consent to a lease of $2,000 each month for a brand-new occupancy with a 12-month term, however the tenant receives one month of totally free lease, the base lease ceiling for the system would be $1,833.33, which is the average of the monthly lease payments produced the initial lease term ($ 22,000/ 12 months). In this example, beginning the month following the expiration of the preliminary lease term, the optimum lease the property manager might charge would be $1,833.33.

Paying for utilities: For occupancies that started on or after February 6, 2024, a landlord might charge a renter in a completely covered system for utilities only if either: the cost of the utilities becomes part of the base lease, or the utility service is separately-metered and the lease needs the renter to position the energy in the tenant's name. A property owner who is charging an occupant for energies individually from lease on or after February 6, 2024, may file a petition with the Rent Board to add the typical cost of utilities to the lease ceiling. Rent ceiling boosts must be made through the petition procedure, but the celebrations can ask to waive the hearing if they concur on the increase, and the arrangement and evidence sent with the petition satisfy certain standards. See our Rent Adjustment Petitions page for information.

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

California law requires your landlord to give you a copy of your lease, so you ought to request a copy of the landlord hasn't offered you one. It's likewise essential to get invoices for any payments that you make, especially if you pay in cash.

Notice of Tenant Rights

For tenancies that began on or after December 20, 2024, within fifteen days of the start of the occupancy, your property manager should offer you a composed notification containing the following details: The presence of and scope of the Rent Ordinance; the tenant's right to petition against specific lease boosts, if applicable; whether the system is exempt from lease control; and any other partial exemptions which might exist. If the residential or commercial property has an interior typical location that all renters have access to, the proprietor needs to publish the notice in the typical 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 proprietor can use.

Document any issues with your unit

- Document in writing to the landlord any problems with the unit, and keep copies of your paperwork on your own.

- Have a buddy, next-door neighbor, or other neutral celebration witness the condition of the rental unit.

- Take date-stamped images of any damage so that you have the ability to document the condition of your house when you relocated. Send them to your proprietor.

- If the unit is provided in a condition that does not measure up to the initial rental agreement (for instance, if the owner guaranteed to repair an issue however did not), you must record this too-- in composing, along with pictures if possible-- right after relocating.


When Your Lease Expires

For the most part, you do not have to move out just due to the fact that your lease ends

Rentals that are completely or partly covered by the Rent Ordinance have great cause for eviction defenses. The expiration of a fixed-term lease is not great cause for eviction, so your proprietor can not make you leave even if your lease expires.

If your property owner asks you to sign a new lease

Since November 2024, you do NOT need to sign a new, considerably identical fixed-term lease upon expiration of the existing lease if your proprietor asks you to. After the lease expires, it automatically converts to a month-to-month arrangement under the very same terms of the initial lease as soon as your property manager accepts your lease. A landlord can never ever need a tenant to sign a lease that changes any material regard to the original lease. Examples of material terms:

- Lease duration

- Down payment amount

- Space offered

- Services offered

- Late charges


Moving Out

When composed notification of move-out is required

State law requires that the occupant give at least 30 days' composed notice to the property manager if the tenant is terminating the tenancy. This does not use to tenants preparing to leave at the end of a fixed-term lease; because case, tenants should examine their lease and follow any notice requirements determined in the lease.