Renting in Berkeley: the rules that apply

Each rule below is marked Berkeley code or CA state law and links to the section it comes from (checked October 2026). General information, not legal advice.

Berkeley code Berkeley's yearly adjustment: 65% of the CPI-U rise, 0% to 5%, for covered units whose landlord set no starting rent the prior year.

All 5 Berkeley rules on rent increases, with the code text and the state law underneath →

Berkeley code Berkeley just causes include unpaid rent after at least 3 days' written notice, unless rent demanded is under 1 month's HUD fair market rent.

All 6 Berkeley rules on eviction and just cause, with the code text and the state law underneath →

Berkeley code For temporary moves during code work or fumigation, Berkeley owners pay relocation at City Council rates, starting within 10 days of the request.

All 15 Berkeley rules on relocation payments, with the code text and the state law underneath →

Berkeley code Withdrawing units takes 120 days' notice; Berkeley tenants 62+ or disabled, there 1+ year, get 1 year by written notice within 60 days.

All 8 Berkeley rules on notices, with the code text and the state law underneath →

Berkeley code Berkeley landlords pay simple interest on security deposits once a year in December, and the remaining interest when the tenant moves out.

All 3 Berkeley rules on security deposits, with the code text and the state law underneath →

CA state law Underneath, California law still applies. Retaliation protection period: For 180 days after a tenant complains about habitability (to the landlord or an agency), the landlord may not evict, raise rent or cut services in retaliation (Civ. Code § 1942.5(a), (b)). Retaliatory eviction in California — the full state rule →

CA state law Berkeley has no rule of its own on this, so California law applies. Lockouts and self-help eviction banned: A landlord may not change locks, remove doors or windows, or remove the tenant's belongings to force a tenant out (Civ. Code § 789.3(b)). Utility shutoffs banned: A landlord may not cut off water, heat, electricity, gas or other utilities to force a tenant out (Civ. Code § 789.3(a)). Tenant harassment and lockouts in California — the full state rule →

CA state law Berkeley has no rule of its own on this, so California law applies. Duty to keep the unit habitable: The landlord must deliver a unit fit to live in and repair conditions that make it untenantable (Civ. Code § 1941). Repair and deduct: A tenant may make a repair the landlord neglects and deduct the cost from rent, up to one month's rent, no more than twice in any 12 months (Civ. Code § 1942(a)). Habitability and repair-and-deduct — the full state rule →

CA state law Berkeley has no rule of its own on this, so California law applies. Landlord entry notice: Reasonable written notice, presumed to be 24 hours, and entry only during normal business hours (Civ. Code § 1954(d)(1), (e)). Landlord entry notice in California — the full state rule →

Berkeley code Before a buyout offer on a controlled unit, Berkeley landlords must give a written disclosure; the tenant has 30 days to cancel.

All 13 Berkeley rules on buyout agreements, with the code text →

Berkeley's code also has these chapters. We have not summarized their values on this page yet; read them in the library.

• Tenant Protections: Automatically Renewing Leases and Buyout Agreements (Ch. 13.79)
• Short-term rentals (Ch. 23.314)