Notices in Berkeley: the local rules

Each rule below links to the section of the Berkeley Municipal Code it was read from, with the code text one click away (checked October 2026). General information, not legal advice.

What Berkeley's code says

Berkeley code What Berkeley's code adds
Filing a copy with the city	Yes, a copy is filed with the City. Applies: Copy of the notice of intent to withdraw a unit from rent or lease. § 13.77.050 · code text A copy of this notice shall be filed with the City or its designated agency. Yes; owner notifies the City at least 120 days before withdrawal, on the City form, under penalty of perjury. Applies: Owner's notice of intent to withdraw units from rent or lease. § 13.77.050 · code text Not less than 120 days prior to the date upon which the accommodations are to be withdrawn, the owner shall notify the City or its designated agency of the intention to withdraw those accommodations from rent or lease. Yes, a copy is filed with the City, with proof it was served on each tenant. Applies: Notice to a tenant who will be displaced. § 13.77.050 · code text A copy of the notice shall be filed with the City or its designated agency with proof of service upon each tenant.
What a notice must say	That the unit and all units on the parcel are being withdrawn, the withdrawal date, that all City fees are paid, that low-income, elderly or disabled tenants and households with minor children are entitled to a relocation payment and its amount, a table of low-income ranges for household sizes up to eight, and the tenant’s rights to regain possession and to damages Applies: notice to each tenant at least 120 days before withdrawing units from rent or lease § 13.77.050 · code text Said notice shall contain a statement that the accommodation is withdrawn, that all of the accommodations on the parcel are being withdrawn, the date upon which the accommodation is to be withdrawn, that the owner has paid all fees due the City or its designated agency pursuant to Section 13.77.070 of this chapter, and a statement that all "low-income," elderly or disabled tenants, and tenant households with minor children are entitled to relocation payment and the amount thereof pursuant to Section 13.77.055. Sworn statements of the number of units, address, tenant names, and each unit's rent. Applies: Notice filed with the City. § 13.77.050 · code text The notice shall be on a form approved by the City or its designated agency, and shall contain statements, under penalty of perjury, providing information on the number of accommodations, the address or location of those accommodations, the name(s) of the tenant(s) of the accommodations and the rent applicable to each residential unit. City was notified; tenant's name and rent given to the City; owner's stated rent; rights to return and damages. Applies: Notice to a tenant who will be displaced, once the owner has notified the City. § 13.77.050 · code text The notice shall also contain a statement of the tenant’s rights to regain possession and to damages, in the event the accommodation is again offered for rent or lease, under Section 13.77.040 of this chapter. On City-approved forms, served by personal service or certified mail (return receipt requested), with stamped postcards addressed to the owner and the City so the tenant can say whether they qualify for relocation assistance Applies: Notice to tenants of intent to withdraw an accommodation from rent or lease § 13.77.050 · code text The notice shall be served on each tenant by either personal service or certified mail, return receipt requested. It shall advise the tenant of the tenant’s rights to regain possession of the premises and to damages as set forth in Section 13.77.040 of this chapter.
Notice to end a tenancy	120 days. Applies: Owner withdraws all units; 1 year after City notice for tenants 62 or older or disabled, there 1+ year, giving written notice within 60 days. § 13.77.050 · code text A notice of termination of tenancy having an effective date no earlier than 120 days after the date of service shall also be served on each tenant at the same time the notice stating the intent to withdraw the premises from rent or lease is served on the tenant.

The California rule underneath

Where Berkeley's rule above does not cover a situation, state law still applies.

CA state law The statewide rule underneath
Notice of a rent increase	At least 30 days' notice for an increase of 10% or less; at least 90 days for an increase of more than 10% Applies: The 10% is measured against the rent charged at any time in the 12 months before the increase, counting all increases in that period together. Civ. Code § 827(b)(2), (b)(3)(A)
Notice to end a month-to-month tenancy (landlord)	60 days' notice; 30 days if the tenant has lived there less than one year Applies: Where the unit is covered by just cause (Civ. Code § 1946.2) or a local ordinance, the notice must also state a qualifying cause. Civ. Code § 1946.1(b), (c)
Notice to end a month-to-month tenancy (tenant)	At least as long as the rental period (one month for a month-to-month tenancy) Civ. Code § 1946.1(b)
30-day notice when the unit is sold to an owner-occupant	30 days' notice when a separately sellable unit is in escrow to a natural person who will live there for at least a year Applies: Notice within 120 days of opening escrow, given once, and all § 1946.1(d) conditions met. Civ. Code § 1946.1(d)
Notice to pay rent or quit	3 days, not counting Saturdays, Sundays and judicial holidays, stating the amount due and how to pay Applies: May be served any time within one year after the rent became due. Code Civ. Proc. § 1161(2)
Notice to cure a lease violation or quit	3 days, not counting Saturdays, Sundays and judicial holidays, to perform the broken lease term or leave Code Civ. Proc. § 1161(3)
No fee for serving notices	A landlord may not charge the tenant a fee for serving or posting a notice Civ. Code § 1946.1(i)

Who this affects

TenantsLandlordsProperty managers

Frequently asked questions

How much notice does a Berkeley landlord have to give?

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

General information, not legal advice.

Notices in Berkeley

Key points

What Berkeley's code says

The California rule underneath

Who this affects

Frequently asked questions

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