Tips for an Eviction in Berkeley

Evicting a tenant in Berkeley, California, requires careful navigation of some of the most tenant-friendly laws in the state. The city has stringent eviction regulations under the Berkeley Rent Stabilization and Eviction for Good Cause Ordinance. Landlords must comply with these laws to ensure that any eviction is lawful and to avoid potential legal repercussions. This article provides a detailed guide on the steps and considerations involved in evicting a tenant in Berkeley, CA.

1. Understand the Eviction for Good Cause Ordinance

The Berkeley Eviction for Good Cause Ordinance, which is part of the broader Berkeley Rent Stabilization and Eviction for Good Cause Ordinance (Berkeley Municipal Code Chapter 13.76), strictly limits the reasons (or “good causes”) a landlord can use to evict a tenant. The allowable causes include:

Non-Payment of Rent: The tenant fails to pay rent that is legally due.
Violation of Lease Terms: The tenant breaches a material term of the rental agreement, provided that the landlord has given the tenant notice and a reasonable opportunity to correct the violation.
Nuisance: The tenant substantially interferes with the comfort, safety, or enjoyment of the property by other tenants or neighbors.
Illegal Activity: The tenant engages in illegal activity on the premises.
Owner Move-In: The landlord or an immediate family member (e.g., spouse, domestic partner, child, parent) intends to occupy the unit as their principal residence.
Withdrawal from the Rental Market (Ellis Act Eviction): The landlord seeks to withdraw all units in a building from the rental market.
Substantial Repairs: The landlord needs to undertake substantial repairs that require the tenant to vacate the unit, provided that the repairs cannot be completed safely with the tenant in place.
Demolition: The landlord intends to demolish the rental unit.

Landlords must strictly adhere to these just causes. Attempting to evict a tenant without a valid cause under this ordinance can lead to legal challenges, including the possibility of the eviction being overturned and the landlord being required to pay damages.

2. Comply with Berkeley’s Rent Stabilization Laws

Berkeley has robust rent control regulations, which are overseen by the Berkeley Rent Stabilization Board. Landlords must ensure that any rent increases or changes to the lease comply with these regulations before pursuing an eviction.

Key Points to Consider:

Covered Units: Most rental units in Berkeley are subject to rent control, with exceptions for certain types of housing, such as new constructions (built after 1980) or owner-occupied properties with fewer than three units.
Rent Control Compliance: Before pursuing an eviction for non-payment of rent, landlords should verify that the rent being charged complies with Berkeley’s rent control regulations. Failure to do so could give the tenant a defense against the eviction.
Annual Registration: Landlords must register their rental units with the Berkeley Rent Stabilization Board and pay an annual registration fee. Failure to register can delay or complicate the eviction process.

3. Serve the Proper Notices

The eviction process in Berkeley, like elsewhere in California, begins with serving the tenant a proper notice. The type of notice depends on the reason for the eviction:

3-Day Notice to Pay Rent or Quit: Used when the tenant has failed to pay rent. This notice gives the tenant three days to either pay the overdue rent or vacate the premises.
3-Day Notice to Cure or Quit: Used when the tenant has violated a material term of the lease. The notice gives the tenant three days to correct the violation or vacate.
3-Day Notice to Quit: Used when the tenant has committed a serious violation, such as illegal activity, for which there is no opportunity to cure.
30-Day or 60-Day Notice to Quit: Typically used for no-fault evictions, such as an owner move-in or withdrawal from the rental market. The length of notice depends on how long the tenant has occupied the unit.

Notices must be accurate and comply with California law and Berkeley’s specific requirements. Improper or incomplete notices can invalidate the eviction and require the landlord to restart the process.

4. Filing an Unlawful Detainer Action

If the tenant does not comply with the eviction notice, the landlord can proceed by filing an unlawful detainer action in Alameda County Superior Court. This legal process seeks a court order requiring the tenant to vacate the property.

Steps in the Unlawful Detainer Process:

Prepare the Complaint: The complaint must detail the grounds for eviction and include all necessary documentation, such as a copy of the lease agreement and the eviction notice.
Serve the Tenant: The tenant must be served with a copy of the complaint and summons. Service must be done correctly—typically through personal service or substituted service.
Tenant’s Response: The tenant has five days to respond to the complaint. If they file a response, the case may go to trial.
Court Hearing: If the tenant contests the eviction, a hearing will be held where both parties can present their evidence. Landlords must be prepared to prove their case, including demonstrating compliance with Berkeley’s eviction laws and rent control regulations.

5. Prepare for Common Tenant Defenses

Tenants in Berkeley are well-protected under local and state laws, and many are knowledgeable about their rights. Common defenses a tenant might raise include:

Retaliatory Eviction: The tenant may argue that the eviction is in retaliation for exercising their legal rights, such as filing a complaint about the condition of the property.
Breach of Warranty of Habitability: The tenant could claim that the property is uninhabitable due to poor maintenance, and therefore, the eviction is unjustified.
Improper Notice: The tenant might challenge the legality of the eviction notice, arguing that it was not properly served or does not comply with legal requirements.
No Good Cause: The tenant could argue that the landlord lacks a valid reason for the eviction under the Berkeley Eviction for Good Cause Ordinance.

To counter these defenses, landlords should maintain thorough records of all interactions with the tenant, including communication, notices, maintenance requests, and repairs.

6. Consider Mediation or Settlement

Berkeley encourages landlords and tenants to resolve disputes through mediation before escalating to legal action. Mediation can be an effective way to reach a mutually agreeable solution without the need for a court trial. For example, the tenant might agree to move out by a certain date in exchange for certain concessions, such as a reduced rent payment or the return of their security deposit.

The Berkeley Rent Stabilization Board offers a mediation service that can help facilitate discussions between landlords and tenants.

7. Understand the Ellis Act

The Ellis Act is a California state law that allows landlords to withdraw rental properties from the rental market, but Berkeley imposes additional restrictions on Ellis Act evictions.

Berkeley’s Ellis Act Provisions:

Relocation Assistance: Landlords must provide relocation assistance to displaced tenants, including a substantial payment that is adjusted annually by the Berkeley Rent Stabilization Board.
Notice Requirements: Landlords must give tenants at least 120 days’ notice, or one year if the tenant is disabled or elderly.
Restrictions on Re-Renting: If the property is re-rented within five years, it must be offered back to the displaced tenants at the original rental rate. In addition, the property remains subject to rent control if it is re-rented.

Evicting tenants under the Ellis Act in Berkeley is complex and requires strict adherence to both state and local laws.

8. Post-Eviction Considerations

After successfully evicting a tenant, landlords should take steps to avoid future issues:

Secure the Property: Immediately change the locks and secure the property to prevent unauthorized re-entry by the evicted tenant.
Address Damages: Conduct a thorough inspection of the unit and document any damage. California law requires landlords to return the tenant’s security deposit (or a portion of it, minus deductions) within 21 days of the tenant vacating the property.
Screen Future Tenants: Given the complexities of Berkeley’s rental laws, it’s advisable to carefully screen future tenants to ensure they are likely to comply with the lease terms and maintain a positive landlord-tenant relationship.

Conclusion

Evicting a tenant in Berkeley, CA, is a highly regulated process that requires careful attention to both local and state laws. Landlords must ensure they have a valid “good cause” for eviction, comply with Berkeley’s rent stabilization laws, and serve the proper notices. The legal process can be challenging, especially if the tenant contests the eviction. It is often advisable to work with an experienced eviction attorney who is familiar with Berkeley’s specific regulations to navigate the process effectively and minimize legal risks.

Citations:

Berkeley Municipal Code Chapter 13.76, Rent Stabilization and Eviction for Good Cause Ordinance.
California Code of Civil Procedure § 1161, governing unlawful detainers.
California Civil Code § 1942.5, regarding retaliatory eviction.
California Government Code § 7060-7060.7, the Ellis Act.