How Berkeley’s good cause rules fit with state law
Berkeley Municipal Code Chapter 13.76 decides whether you can end a tenancy and what your notice must contain. The California unlawful detainer statutes decide how the court case runs. Because the city’s notice requirements are stricter than the state’s, a Berkeley notice that would be fine in Fresno can be defective here.
The Rent Stabilization Board enforces the ordinance and runs registration, but it doesn’t hear evictions. Its housing counselors can be reached at (510) 981-7368.
The good causes, and what doesn’t count
BMC 13.76.130 lists the grounds. Several of the at-fault causes need a written warning first, so build that step into your timeline.
Some events never count as good cause: the sale of the property, the expiration of a rental agreement, a change in Section 8 status or a foreclosure. For a substantial repair eviction, get every permit first, offer any vacant Berkeley unit you own during the work, and let the tenant return at the same rent plus authorized increases. The city’s Relocation Ordinance may also require payments to the displaced household.
- Nonpayment after a 3-day notice, if the unpaid amount is at least one month of Fair Market Rent for a comparable unit.
- A material lease violation that continues after written notice to cease, causes substantial actual damage and reflects unreasonable conduct.
- Willful substantial damage the tenant refuses to repair after a written request.
- Continued disturbance of other occupants after a written request to stop.
- Continued refusal of lawful entry under Civil Code 1954 after a written request.
- Substantial repairs needed to meet the Housing Code that can’t be done with the tenant in place, or demolition under a permit.
- Owner or qualifying relative move-in, an owner reoccupying as the agreement allows, or a tenant refusing to leave temporary housing after repairs.
Four things every Berkeley notice must allege
Under BMC 13.76.130 and Rent Board Regulations 1310 and 1311, the notice must do more than name a cause. Leave any of these out and the tenant has a defense.
- The specific good cause relied on.
- That advice about the notice is available from the Rent Board, with its current counseling phone number and website.
- That every covered unit on the property complies with registration, meaning all forms are filed and all fees paid, and with lawful rent levels.
- That every covered unit substantially complies with the implied warranty of habitability.
The Notice of Tenant Protections and the 3-business-day filing
Give tenants Berkeley’s Notice of Tenant Protection Ordinance at the start of any tenancy that began after April 2017, and include it with any eviction notice. Leaving it out is a defense to the eviction.
Then file with the Rent Board. Under Regulation 1312, a copy of the notice to quit or termination notice, and later the summons and complaint, must reach the Rent Board within three business days of giving them to the tenant. The Board accepts them by email at rent@berkeleyca.gov. Two filings, two deadlines: calendar both.
Registration fees come first
Because the notice must allege registration compliance for every covered unit on the property, an unpaid fee on any unit can undermine an eviction in a different unit. For fiscal year 2026-27, the annual fee is $397 per fully covered unit and $244 per partially covered unit, and it was due July 2, 2026.
Late payments carry a 100% penalty, though the Rent Board says most owners can qualify for a partial or full waiver by paying the account in full. Check your account with the Registration Unit before you serve any notice.
The Fair Market Rent threshold for nonpayment
A nonpayment eviction requires unpaid rent of at least one month of Fair Market Rent for a comparable unit. The Rent Board’s current table shows these figures for the Oakland-Fremont area, which HUD updates each fall.
| Studio | 1 bedroom | 2 bedrooms | 3 bedrooms | 4 bedrooms |
|---|---|---|---|---|
| $2,142 | $2,385 | $2,912 | $3,724 | $4,413 |
Owner move-in: relocation, school year and protected tenants
An owner move-in requires an owner with at least a 50% record interest, or a spouse, registered domestic partner, parent or child, who moves in within three months and lives there for 36 continuous months. Only one owner move-in is allowed per property, and it isn’t available if you own a comparable vacant Berkeley unit now or within the last 90 days.
Since January 1, 2026, the relocation payment is $19,413 for a household that has lived there at least a year, deposited with the Rent Board within 10 days of serving the notice. Qualifying households, including low-income, elderly or disabled tenants, households with minor children and tenancies that began before January 1, 1999, get an additional $6,471. The same standard amount applies to Ellis Act withdrawals under the city’s Ellis implementation ordinance.
A household with minor children can’t be evicted for an owner move-in if the notice would expire while the Berkeley Unified school year is in session. And a landlord with a 10% interest in five or more Berkeley units can’t remove a tenant of five years or more who wants to stay; at four or more units, the same applies to a tenant 60 or older or disabled with five years’ tenancy.
The California steps, in brief
The lawsuit itself follows state law: a 3-day notice to pay or quit that skips weekends and judicial holidays, an unlawful detainer complaint, 10 court days to respond, and trial within 20 days of a request. Our California eviction process guide covers each statute and the AB 1482 overlay.
Where a Berkeley case is heard
Alameda County Superior Court assigns unlawful detainers to Department 511 at the Hayward Hall of Justice, roughly 20 miles south of Berkeley, so plan for that drive on hearing days. Civil filings are taken in Hayward and at the René C. Davidson Courthouse in Oakland. The first-paper fee is $240 for a demand of $10,000 or less under the 2026 Statewide Civil Fee Schedule.
If the tenant answers, either side files a memorandum to set the case for trial and the court notices a mandatory settlement conference and trial. After judgment, the Alameda County Sheriff serves the writ and removes the occupants once the five days in CCP 715.020 have passed.
Worked example: a contested case in a 14-unit building near campus
Assume a two-bedroom renting for $3,000 in a 14-unit fully covered building near the UC Berkeley campus. One missed month clears the $2,912 two-bedroom threshold. Before anything else, confirm the 14 registration fees, $5,558 in total, are paid; paid late, the bill would double to $11,116 before any waiver.
Rent due Thursday, July 1, 2027 goes unpaid. You serve a 3-day notice Friday, July 2. Skipping Independence Day observed on July 5, it expires Thursday, July 8, which is also the Rent Board deadline for the notice. You file and serve the complaint Friday, July 9 and send it to the Rent Board by Wednesday, July 14. The tenant answers on the last day, Friday, July 23. You request trial Monday, July 26, and trial must be held by Sunday, August 15; assume Friday, August 13. Assume the sheriff serves the writ Friday, August 20 and the lockout is Thursday, August 26.
That’s 56 days. At about $98.63 a day ($3,000 × 12 ÷ 365), lost rent is $5,523.29. Add an assumed $3,500 for a contested case, the $240 filing fee and an assumed $150 for service, and the minimum cost is $9,413.29.
| Step | Date | Rule |
|---|---|---|
| 3-day notice served | Fri Jul 2, 2027 | CCP 1161(2) |
| Notice expires and Rent Board filing due | Thu Jul 8 | Reg. 1312 |
| Complaint filed and served | Fri Jul 9 | CCP 1166 |
| Summons and complaint to Rent Board | Wed Jul 14 | Reg. 1312 |
| Tenant answers | Fri Jul 23 | CCP 1167 |
| Request to set trial | Mon Jul 26 | CCP 1170.5 |
| Trial (latest Sun Aug 15) | Fri Aug 13 | CCP 1170.5 |
| Lockout | Thu Aug 26 | CCP 715.020(c) |
Rent levels that follow the building
Berkeley’s 2026 Annual General Adjustment is 1.0%, effective January 1, 2026, for eligible units, and it doesn’t apply to tenancies that began in 2025. Increases of 10% or less need 30 days’ written notice. Those ceilings, the registration history and any pending petitions are what a buyer underwrites.
Selling a Berkeley building with tenants in place
The sale of a property isn’t good cause in Berkeley, so every tenancy, rent ceiling and open case passes to the buyer, who steps into your rights in any unlawful detainer. Buyers will check registration status unit by unit, ask for the notices you filed with the Rent Board and request tenant estoppel certificates. Clearing up unpaid registration before you list removes a common price objection.
Selling your Berkeley apartment building to Skyline
Skyline Capital Investments buys apartment buildings with five or more units in Berkeley, occupied and as-is, including rent-controlled buildings and buildings with a pending eviction. Send the address and unit count through the form on this page or call (469) 660-2977. We typically respond within 48 hours.
