Tenant Rights & Responsibilities Moni Law, Housing Counselor - - PowerPoint PPT Presentation

Tenant Rights & Responsibilities

Moni Law, Housing Counselor Michele Byrnes, PIU Manager Berkeley Rent Board August 12, 2020

AGENDA

510-981-7368 (RENT) rent@cityofberkeley.info

Application Process & Rental Agreements Security Deposits Rent Levels Protections & Considerations during SiP Breaking a Lease Question & Answer Good Cause for Eviction

MOVING OFF-CAMPUS? CONSIDER THESE QUESTIONS BEFORE SIGNING A LEASE

• Tenant Screening Fees Ordinance
• Information to have ready:

○ Credit score ○ Co-signer ○ Letters of reference

• Costa Hawkins
• Is the unit rent-controlled?

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RENTAL AGREEMENTS

• Read the entire agreement
• Check lease for automatically renewing clause
• Check for any unlawful provisions
• Does the lease prohibit subletting?
• When can the rent be raised?
• Conduct a move-in inspection and document the

condition of the unit

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SECURITY DEPOSITS:

• CA. Civ. Code § 1950.5
• All money collected at the start of the tenancy,

except for first-month’s rent

• Max is 2 months’ rent for unfurnished unit
• Full deposit must be refundable
• Rent Ordinance: Deposit cannot be increased

during a tenancy (pet deposit is the exception)

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SECURITY DEPOSIT: USE & BEST PRACTICES

Security deposits can be used for:

• Unpaid rent
• Damage to the unit beyond normal wear and tear
• Cleaning to bring the unit to move-in condition

Best Practices:

• Give 30-day notice & provide new address
• Clean unit & repair damage
• Request a walk-through inspection & take photos

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GROUP LIVING ARRANGEMENTS

• An original occupant is a tenant who:

○ was the original leaseholder ○ was a subtenant and remains in the unit after last original occupant vacates ○ moved into the unit within 30 days of new tenancy

• Master tenant: defacto landlord
• Subtenants rent from master tenant; rent must

be proportional

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GOOD CAUSES FOR EVICTION

• Nonpayment of rent
• Violation of a material, substantial lease term
• Causing damage to unit and refusing repairs
• Refusal to sign substantially identical lease
• Nuisance
• Refusal to provide lawful landlord access
• Owner move-in
• Ellis Act
• Demolition

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LIMITATION ON EVICTIONS IN BERKELEY (EMERGENCY RESPONSE ORDINANCE)

• Most evictions are currently prohibited in Berkeley
• Evictions are permitted pursuant to the Ellis Act or if

necessary for the health and safety of residents

• A resident with COVID-19 or exposure to COVID-19,

whether actual or suspected, does not constitute “necessary for the health and safety of residents”

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510-981-7368 (RENT) rent@cityofberkeley.info

WHAT IF YOU CAN’T PAY FULL RENT?

• Notify your landlord

○ In writing within seven days of rent being due (per Governor Executive Order) ○ Template Form for Notification on Rent Board website

• Document the Covered Reason

○ Provide documentation within 45 days of LL’s request or 30 days after the local State of Emergency is lifted, whichever is later ○ Documentation must be kept in confidence

• Note: COB Relief Paid to Property Owner shall reduce

delayed rent owed

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510-981-7368 (RENT) rent@cityofberkeley.info

COVERED REASONS FOR DELAYED PAYMENT OF RENT

• Inability to pay (full) rent is the result of a material decrease in

household/occupant(s) income AND

• Material decrease was caused by the impacts of COVID-19 pandemic
• r government response to COVID-19
• Examples:

○ Layoffs or reduction of hours ○ Caregiving responsibilities ○ Substantial material out-of-pocket medical expenses ○ Reduction in the number of tenants in a group living arrangement

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510-981-7368 (RENT) rent@cityofberkeley.info

BACK RENT AND LATE FEES

• Tenants have up to 12 months after the expiration of the

local State of Emergency to repay rent

• After 12 months, unpaid, overdue rent becomes a

consumer debt

• Non-payment of rent after the local state of emergency is

grounds for an eviction

• Both during and after the local State of Emergency, late

fees are prohibited

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510-981-7368 (RENT) rent@cityofberkeley.info

BREAKING A LEASE: STATE AND LOCAL LAW

• B.M.C. 13.78.017 allows student tenants impacted by

COVID-19 to terminate their leases without penalty with 30 days’ notice

• California Civil Code §1951.2 still applies: landlords can

still seek reimbursement, as long as landlord has sought to mitigate losses by seeking replacement tenants. Unpaid rent is not considered a penalty.

• Tenants and landlords can mutually agree to end the lease

and allow the tenant to terminate their liabilities

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510-981-7368 (RENT) rent@cityofberkeley.info

SHOWING RENTAL UNITS DURING SHELTER-IN-PLACE

Shelter-in-Place order allows:

• Virtual viewings of residential units
• In-person viewings when virtual viewings are not feasible:

○ by appointment ○

• ccupant not present during the visit

○

• ne person showing the unit

○ two people from the same household visiting the unit

• Administration/Enforcement of the SiP Order: (510) 981-CITY,

covid19@cityofberkeley.info

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510-981-7368 (RENT) rent@cityofberkeley.info

COVID-19 HOUSING RETENTION GRANTS

• Funds are available to assist Berkeley tenants who are at

imminent risk of losing their housing

• Eviction Defense Center is accepting new applications and can

be reached at (510) 452-4541

• Program requirements on the City’s website

www.cityofberkeley.info/covid19-housing-retention

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510-981-7368 (RENT) rent@cityofberkeley.info

SERVICES DURING SHELTER IN PLACE

• During the City’s Shelter in Place Order, Rent Board Housing

Counselors are responding to email (rent@cityofberkeley.info) and answering calls at (510) 981-RENT

• Cal Student Legal Services: https://sa.berkeley.edu/legal

○ informational memos and resources

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510-981-7368 (RENT) rent@cityofberkeley.info

VISIT OUR WEBSITE cityofberkeley.info/rent

❑ COVID-19 Updates ❑ Register Online ❑ Tenancy Information ❑ Laws & Regulations ❑ Workshops & Seminars ❑ Mediation & Petition Forms ❑ Rent Board Commission Meetings

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COMPLETE AN EVALUATION

510-981-7368 (RENT) rent@cityofberkeley.info

QUESTIONS? CONTACT US!

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