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Berkeley Tenant Law

Berkeley Tenant Law

Berkeley Tenant’s Rights Attorneys

Berkeley tenants have many of the same tenant’s rights as tenants living in San Francisco. However, there are key differences that Berkeley tenants need to be aware of. Berkeley has its own Rent Ordinance, Measure EE.

Be sure to consult with an attorney or tenant’s rights advocate to understand how these rules apply to your housing situation.

over

35

years of experience in representing tenants.

What Are My Rights as a Berkeley Tenant?

The laws are constantly changing and can be quite complex. Berkeley‘s ordinance is called the Rent Stabilization and Good Cause for Eviction Ordinance (Berkeley Municipal Code IX, Rent Stabilization, Chapter 13.76).

In Berkeley, California, evictions are not only governed by state law but also by local statutes, specifically the Berkeley Rent Ordinance, which provides added “good cause for eviction” protections to tenants.

Understanding Evictions and Your Rights Under Berkeley’s Rent Ordinance

Berkeley’s legal framework requires landlords to meticulously adhere to both state and local laws when pursuing an eviction. Failure to comply can lead tenants to not only successfully contest these evictions but also possibly receive substantial damages.

Legal Requirements for Eviction Notices

In Berkeley, eviction notices must explicitly state one of the permissible “good causes” for eviction, adhere to registration requirements, and ensure the rental property meets habitability standards. Additionally, starting any tenancy post-April 2017 requires landlords to provide tenants with a Notice of Tenant Protection Ordinance.

Protection Against Wrongful Evictions

Good cause is necessary for eviction in Berkeley and includes reasons like non-payment of rent, lease violations, substantial damage by the tenant, or the landlord’s need to undertake significant repairs. Importantly, certain actions, like the sale of the property or the mere expiration of a rental agreement, do not constitute good cause.

Tenant Rights During Property Conversions

Berkeley’s ordinance also protects tenants in properties being converted to condominiums or tenancies-in-common (TICs). Tenants have the right to continue renting or to purchase their unit, and evictions are typically only justified if the property owner or a qualifying relative moves in.

Substantial Repairs and Tenant Relocation

When substantial repairs necessitate tenant relocation, Berkeley requires landlords to obtain all necessary permits and, if other units are available, offer them to the displaced tenant temporarily or permanently. The City’s Relocation Ordinance also mandates financial assistance for tenants displaced during repairs.

Why Choose Wolford Wayne for Your Eviction Defense in Berkeley?

Wolford Wayne is committed to protecting the rights of Berkeley renters seeking a lawyer to sue their landlord for wrongful eviction. If you suspect your eviction does not comply with both state and local regulations, or if you’ve been victim to an illegal eviction practice, our expertise in tenant law can provide the robust defense you deserve. Reach out to Wolford Wayne to ensure your rights are defended effectively in the face of wrongful eviction.

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For more information or to discuss your legal situation, call us today at (415) 649-6203 for a phone consultation or submit an inquiry below. Please note our firm can only assist tenants residing in San Francisco, Oakland & Berkeley.

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