Berkeley, California · City renter rules · Updated Oct 2026

Berkeley Tenant Rights: Rent Control, Evictions (2026)

What is different for renters in Berkeley compared with California state law: rent control, just cause for eviction, relocation payments and deposits. In plain English from official city sources.

Short answer

Berkeley's Rent Ordinance caps yearly increases in most older apartment buildings: 1.0% for 2026 and 2.5% for 2027. Nearly all rentals, including newer buildings and single-family homes, need a 'just cause' to evict, and owner move-in or Ellis Act evictions require a large relocation payment. Your landlord also owes you yearly interest on your security deposit.

Rent control
Yes: 1% cap (covered units)
Just cause for eviction
Required (city rule)
Relocation payments
In some cases

Rent control in Berkeley

Who is covered
Fully covered units: most multi-unit buildings built before June 1980, single-family homes where the current tenancy began before 1996, and single-family homes with five or more rooms rented separately. Units built after June 1980 ('new construction') and single-family homes or condos rented since 1/1/1996 have no rent cap but keep eviction protection and deposit interest.
Allowed increase in 2026
Calendar year 2026: the Annual General Adjustment (AGA) is 1.0%. CHANGES ON JANUARY 1, 2027: the AGA becomes 2.5% (landlord must give at least 30 days' written notice for an increase of 10% or less, 90 days for more). The formula is 65% of Bay Area CPI, capped at 5% (Measure BB). Landlords can 'bank' unused AGAs. A landlord cannot take the AGA if registration fees are unpaid, there are serious repair problems or code violations, the Rent Board has denied AGAs, or deposit interest was not paid. No increase is allowed for the rest of the year a tenancy started and the next calendar year.
How to check if you are covered
Use the Rent Board's Unit Information Lookup (rentboard.berkeleyca.gov/services/unit-information-lookup) or contact a housing counselor at (510) 981-7368, ext. 1 (Monday, Tuesday, Thursday, Friday, 9 am to 4:45 pm; closed Wednesdays), or email [email protected].
Law
Berkeley Municipal Code Chapter 13.76 (Rent Stabilization and Eviction for Good Cause Ordinance); Rent Board Regulation 1149 (2027 AGA Order)

Rent increase calculator for Berkeley

Enter your monthly rent to see the most your landlord may raise it under the cap, and check a proposed new rent. Nothing you type here is sent anywhere.

Period: calendar year 2026

Only for covered units:Fully covered units: most multi-unit buildings built before June 1980, single-family homes where the current tenancy began before 1996, and single-family homes with five or more rooms rented separately. Units built after June 1980 ('new construction') and single-family homes or condos rented since 1/1/1996 have no rent cap but keep eviction protection and deposit interest.
Enter your current monthly rentThe result appears as you type.

An estimate from the cap in our data, not legal advice. Some rules allow extra fees or increases the agency approves; read the rule above.

Just cause for eviction in Berkeley

The rule
Most Berkeley rentals — rent-controlled units, newer buildings, single-family homes, Section 8 and Housing Authority units — need a just cause to evict. Just causes include unpaid rent (only if you owe at least one month of HUD fair market rent, after a 3-day notice), a material lease violation after written warning that causes real harm, willful damage, disturbing others after warning, refusing lawful entry, substantial repairs, demolition, and owner or close relative move-in. A sale, Section 8 status change, or condo or TIC conversion is not a just cause. Eviction notices must state the just cause, mention Rent Board advice, and include the Notice of Tenant Protection Ordinance; the landlord must file the notice and court papers with the Rent Board within 3 business days.
Law
Berkeley Municipal Code 13.76.130; Rent Board Regulations 1310-1312

Relocation payments in Berkeley

The rule
Owner or relative move-in and Ellis Act evictions: households that lived in the unit at least one year get $19,413 through December 31, 2026, deposited with the Rent Board within 10 days of the notice, plus $6,471 more for low-income households, households with an elderly or disabled tenant or minor children, or tenancies that began before January 1, 1999. CHANGES ON JANUARY 1, 2027: the amounts rise to $20,151 and $6,717. Owner move-in evictions cannot take effect during the Berkeley Unified school year if the household has minor children, and some long-term elderly or disabled tenants cannot be evicted for owner move-in at all. Temporary moves for code repairs are covered by the city's Relocation Ordinance.
Law
Berkeley Municipal Code 13.76.130 (owner move-in) and Chapter 13.77 (Ellis Act Implementation Ordinance); Chapter 13.84 (Relocation Ordinance)

Security deposits in Berkeley

Your landlord must pay you interest on your deposit every December (0.9% for the December 2025 payment) and when you move out (0.6% for October 2026 move-outs). If the December payment is not made by January 31, you can claim interest at 10% for that year. This applies to rent-controlled and 'partially covered' units (newer buildings, single-family homes). State law sets the deposit limit and return rules.

Repairs and complaints in Berkeley

Report housing code problems to the City of Berkeley's housing code enforcement (call 311). Serious repair problems or code violations can stop your landlord from taking the yearly AGA, and you can file a Rent Board petition for a rent reduction if services are cut or conditions are substandard.

Eviction protections in Berkeley

Owner move-in evictions are banned during the school year for households with minor children. Eviction notices must be filed with the Rent Board within 3 business days, and missing the Notice of Tenant Protection Ordinance is a defense to eviction. Units must be registered and fees paid; a landlord who is out of compliance must say so, which can defeat the eviction.

Other Berkeley rules

  • Landlords must register fully and partially covered units with the Rent Board and pay a yearly fee; Measure BB (2024) added government-subsidized units.
  • You can usually replace departing roommates and sublet, and the landlord cannot unreasonably refuse.
  • Berkeley's Tenant Protection Ordinance bans harassment such as cutting services or threats.

California law that also applies

City rules add to state law. Where they differ, the stronger protection usually applies; if you are unsure, ask the city agency below.

Deposit limit
1 month's rent (with exceptions)
Deposit back within
21 days
Notice for unpaid rent
3 business days
Notice before entry
Reasonable (24 hours presumed)
Rent increase notice
Month-to-month: at least 30 days' written notice for an increase of 10% or less within 12 months; at least 90 days for more than 10% (add 5 days if mailed).

Where to get help in Berkeley

Free tools

These tools use California state law. Berkeley's rules above may give you more time or more money.

Deposit calculator

Check California's deadline to return your deposit.

Eviction notice timeline

See the dates under California law.

Repair request letter for California

Ask your landlord in writing to fix the problem by a date. A written, dated request is the first step in almost every state, and it is proof that the landlord knew. Check the problems, add dates, then download the letter as PDF or Word (or copy it). Sign it, keep a copy and photos, and send it in a way you can prove.

Your letter is made in your browser. Nothing you type is sent to us or anyone else.

The name on your lease or rent receipts.

What needs repair? (required)

Your state's rule on repair requests is shown below the form.

California's rule on asking for repairs:Tell the landlord about the problem, preferably in a dated letter (keep a copy) and with photos. Give a reasonable time to repair: usually 30 days, less for urgent problems like no heat or water.

Dates, rooms and how the problem affects you. This text goes into the letter as written.

Questions about renting in Berkeley

Is there rent control in Berkeley?

Fully covered units: most multi-unit buildings built before June 1980, single-family homes where the current tenancy began before 1996, and single-family homes with five or more rooms rented separately. Units built after June 1980 ('new construction') and single-family homes or condos rented since 1/1/1996 have no rent cap but keep eviction protection and deposit interest.

How much can my rent go up in Berkeley in 2026?

Calendar year 2026: the Annual General Adjustment (AGA) is 1.0%. CHANGES ON JANUARY 1, 2027: the AGA becomes 2.5% (landlord must give at least 30 days' written notice for an increase of 10% or less, 90 days for more). The formula is 65% of Bay Area CPI, capped at 5% (Measure BB). Landlords can 'bank' unused AGAs. A landlord cannot take the AGA if registration fees are unpaid, there are serious repair problems or code violations, the Rent Board has denied AGAs, or deposit interest was not paid. No increase is allowed for the rest of the year a tenancy started and the next calendar year.

Does my landlord need a reason to evict me in Berkeley?

Most Berkeley rentals — rent-controlled units, newer buildings, single-family homes, Section 8 and Housing Authority units — need a just cause to evict. Just causes include unpaid rent (only if you owe at least one month of HUD fair market rent, after a 3-day notice), a material lease violation after written warning that causes real harm, willful damage, disturbing others after warning, refusing lawful entry, substantial repairs, demolition, and owner or close relative move-in. A sale, Section 8 status change, or condo or TIC conversion is not a just cause. Eviction notices must state the just cause, mention Rent Board advice, and include the Notice of Tenant Protection Ordinance; the landlord must file the notice and court papers with the Rent Board within 3 business days.

What eviction protections does Berkeley have?

Owner move-in evictions are banned during the school year for households with minor children. Eviction notices must be filed with the Rent Board within 3 business days, and missing the Notice of Tenant Protection Ordinance is a defense to eviction. Units must be registered and fees paid; a landlord who is out of compliance must say so, which can defeat the eviction.

Do I get relocation money if I have to move out in Berkeley?

Owner or relative move-in and Ellis Act evictions: households that lived in the unit at least one year get $19,413 through December 31, 2026, deposited with the Rent Board within 10 days of the notice, plus $6,471 more for low-income households, households with an elderly or disabled tenant or minor children, or tenancies that began before January 1, 1999. CHANGES ON JANUARY 1, 2027: the amounts rise to $20,151 and $6,717. Owner move-in evictions cannot take effect during the Berkeley Unified school year if the household has minor children, and some long-term elderly or disabled tenants cannot be evicted for owner move-in at all. Temporary moves for code repairs are covered by the city's Relocation Ordinance.

Are there city rules on security deposits in Berkeley?

Your landlord must pay you interest on your deposit every December (0.9% for the December 2025 payment) and when you move out (0.6% for October 2026 move-outs). If the December payment is not made by January 31, you can claim interest at 10% for that year. This applies to rent-controlled and 'partially covered' units (newer buildings, single-family homes). State law sets the deposit limit and return rules.

Other cities with their own rules