Berkeley · Renting & eviction

Renting in Berkeley: the rules that apply

Berkeley sets its own yearly rent adjustment for covered units, lists its own eviction reasons, and requires deposit interest and buyout disclosures. State law governs deposit limits, landlord entry, repairs and lockouts.

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Key points

Rent increases: City rule: covered units' yearly adjustment is 65% of the CPI-U rise, 0% to 5%, unless a starting rent was set the prior year.
Eviction reasons: City rule: eviction reasons include unpaid rent, substantial lease violations, substantial damage and refusing lawful access, each after written notice.
Notice to end: State law: 60 days' notice to end a tenancy, or 30 days if the tenant has lived there less than 1 year.
Relocation pay: City rule: code-work or fumigation moves earn a daily payment (29 days or less) or one-time allowance (30+ days), set by City Council resolution.
Deposit interest: City rule: deposits earn simple interest at the average 6-month CD rate of City banks, paid each December and at move-out.
Buyouts: City rule: a written disclosure must precede a buyout offer on a controlled unit; the tenant may cancel up to 30 days after signing.

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.

Rent increases

Berkeley code What Berkeley's code adds
Annual increase limit	65% of the CPI-U rise for 12 months to June 30 (San Francisco-Oakland-San Jose), never below 0% or above 5%. Applies: Takes effect January 1 for covered units whose landlord did not set a starting rent the prior year, after at least 30 days' written notice. § 13.76.110 · code text the rent ceiling for all rental units covered by this Chapter for which the landlord did not establish an initial rent during the prior calendar year shall be adjusted by 65% of the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U)
Floor or ceiling on the increase	The yearly adjustment can never be less than 0%. Applies: Applies to the annual general adjustment. § 13.76.110 · code text In no event, however, shall the allowable annual adjustment be less than zero (0%) or greater than five percent (5%). The yearly adjustment can never be more than 5%. Applies: Applies to the annual general adjustment. § 13.76.110 · code text In no event, however, shall the allowable annual adjustment be less than zero (0%) or greater than five percent (5%).
How often rent can go up	Once a year, effective January 1. Applies: Annual general adjustment; takes effect only after at least 30 days' written notice to the tenant. § 13.76.110 · code text Effective January 1 of each year, the rent ceiling for all rental units covered by this Chapter
Petitions and pass-throughs	Landlord may petition to add the unit's average utility cost to the rent ceiling. Applies: When a lease signed after February 6, 2024 charges the tenant for utilities in violation of the utility-payment rules. § 13.76.100 · code text the landlord may petition pursuant to Section 13.76.120 of this Chapter to adjust the rent ceiling to include the average cost of utilities for the unit.

CA state law Underneath, California law still applies. Rent cap right now: 8.8% for increases taking effect August 1, 2026 through July 31, 2027 (5% plus 3.8% inflation) (Civ. Code § 1947.12(a)(1), (g)). California's statewide rent cap — the full state rule →

Eviction and just cause

Berkeley code City rule: eviction reasons include unpaid rent, substantial lease violations, substantial damage and refusing lawful access, each after written notice.

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

Relocation payments

Berkeley code City rule: code-work or fumigation moves earn a daily payment (29 days or less) or one-time allowance (30+ days), set by City Council resolution.

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

Notices

Berkeley code State law: 60 days' notice to end a tenancy, or 30 days if the tenant has lived there less than 1 year.

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

Security deposits

Berkeley code What Berkeley's code adds
When interest is paid	Once a year, in December. Covers interest earned through October 31. § 13.76.070 · code text The interest accrued by said payment or deposit through October 31st of each year shall be returned to the tenant annually in December of each year, either through a rent rebate or cash payment When the tenant moves out. Covers the remaining interest earned since the last October 31. § 13.76.070 · code text Upon the tenant’s departure from the premises, the balance of any interest accrued since the last October 31st shall be paid at the average monthly rate from the last November 1st to the date of departure and shall be returned to the tenant along with the appropriate part of the principal and any prior unpaid interest.
Interest on deposits	Yes; simple interest at the average rate banks in the City pay on 6-month CDs. § 13.76.070 · code text shall accrue simple interest at the rate equal to the average rates of interest paid on six-month certificates of deposit by banks doing business in the City

CA state law Underneath, California law still applies. Security deposit cap: One month's rent, on top of the first month's rent (Civ. Code § 1950.5(c)(1), (c)(6)). Deposit return deadline: 21 calendar days after the tenant moves out, with an itemized statement of any deductions (Civ. Code § 1950.5(h)(1)). California security deposit law — the full state rule →

Retaliation

Berkeley code What Berkeley's code adds
Presumption period	6 months. Applies: If the tenant used rights under the rent law within this period before the landlord's act, the act is presumed retaliatory. § 13.76.140 · code text In an action by or against a tenant, evidence of the assertion or exercise by the tenant of rights under this Chapter within six months prior to the alleged act of retaliation shall create a presumption that the landlord’s act was retaliatory.
Protected activities	Using rights under the rent law, including tenant organizing. § 13.76.140 · code text No landlord may threaten to bring, or bring, an action to recover possession, cause the tenant to quit the unit involuntarily, serve any notice to quit or notice of termination of tenancy, decrease any services, including a tenant’s right to engage in Organizing Activities, or increase the rent where the landlord’s intent is retaliation against the tenant for the tenant’s assertion or exercise of rights under this Chapter.
Remedies	Retaliation is a defense to an eviction case. § 13.76.140 · code text Such retaliation shall be a defense to an action to recover possession, or it may serve as the basis for an affirmative action by the tenant for actual and punitive damages and injunctive relief. Tenant may sue for actual and punitive damages and a court order to stop it. § 13.76.140 · code text Such retaliation shall be a defense to an action to recover possession, or it may serve as the basis for an affirmative action by the tenant for actual and punitive damages and injunctive relief.

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 →

Harassment and lockouts

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 →

Repairs and habitability

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 →

Landlord entry

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 →

Buyout agreements

Berkeley code City rule: a written disclosure must precede a buyout offer on a controlled unit; the tenant may cancel up to 30 days after signing.

All 13 Berkeley rules on buyout agreements, with the code text and the state law underneath →

Other Berkeley rules on this

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)

Who this affects

TenantsLandlordsProperty managers

Frequently asked questions

How much can rent go up in Berkeley?

City rule: covered units' yearly adjustment is 65% of the CPI-U rise, 0% to 5%, unless a starting rent was set the prior year.

How much can a Berkeley landlord charge for a security deposit?

City rule: deposits earn simple interest at the average 6-month CD rate of City banks, paid each December and at move-out.

General information, not legal advice.

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