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 Application Process & Rental Agreements Security Deposits Rent Levels Good Cause for Eviction Protections & Considerations during SiP Breaking a Lease Question & Answer 510-981-7368 (RENT) rent@cityofberkeley.info

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? 3 510-981-7368 (RENT) rent@cityofberkeley.info

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 4 510-981-7368 (RENT) rent@cityofberkeley.info

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) 5 510-981-7368 (RENT) rent@cityofberkeley.info

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 6 510-981-7368 (RENT) rent@cityofberkeley.info

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 7 510-981-7368 (RENT) be proportional rent@cityofberkeley.info

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 8 510-981-7368 (RENT) ● Demolition rent@cityofberkeley.info

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” 9 510-981-7368 (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 10 510-981-7368 (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 ● or 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 11 510-981-7368 (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 12 510-981-7368 (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 13 510-981-7368 (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 ○ ○ occupant not present during the visit one 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 14 510-981-7368 (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 15 510-981-7368 (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 ○ 16 510-981-7368 (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 17 510-981-7368 (RENT) rent@cityofberkeley.info

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

QUESTIONS? CONTACT US! 19