www.ci.berkeley.ca.us/rent/geninfo/guide/guide4-6.htm
Meetings and Agendas Link 10 General Information - About Rent Control Link 11 Laws, Ordinances and Regulations Link 12 Other Resources Link 13 Rent Board Info - General Information Link 14 Tenant Information Kit Link 15 Landlord Information Kit Link 16 Habitability & Repairs Link 17 Other Resources Link 18 Rent Ceiling Search Link 19 Laws, Ordinances & Regulations Link 20 Owner/Family Move-ins Link 21 Ellis Information Link 22 Meetings & Events Link 23 Petition Information & Forms Link 24 Guide to Rent Control Link 25 2004 AGA Information Link 26 Mailbag/FAQs Link 27 City of Berkeley Downloads Link The Guide to Rent Control Chapters 4-6 28 Chapters 1-3 29 Introduction and Table of Contents 4. Subletting and Replacing Roommates Subletting generally To sublet or sublease is to rent part of the premises to another person for all or part of the lease term, or to rent all of the premises to another for a portion of the lease term. Thus, a sublet exists where the original (or "master") tenant takes in a roommate whose name is not on the lease and who pays rent to the master tenant, or where the master tenant rents the unit to another during the master tenant's absence. A master tenant remains obligated to the landlord to comply with the lease requirements. A master tenant taking in a roommate may not charge more than an amount substantially proportional to the space occupied by the subtenant ( 30 Regulation 1003), and a master tenant subletting the entire premises may not charge a subtenant more than the rent lawfully due and payable to the landlord ( 31 Regulation 1003). A tenant may sublet a unit if the lease does not specifically prohibit subleasing. If the lease provides that subletting is allowed subject to the landlord's approval, the landlord may withhold consent only when he or she has a reasonable objection to the proposed subtenant. The proposed subtenant's financial responsibility or prior rental history are examples of reasonable objections. Caution : Where specifically prohibited by the terms of the lease, subletting may be a violation of the lease and grounds for eviction. If you have questions about whether a lease allows subletting, you should seek legal advice. If the lease requires the landlord's approval of a sublet, the landlord may object to a replacement tenant only if the landlord has a reasonable basis for doing so. If a landlord objects to replacement of a vacating roommate, the remaining tenant may petition the Board for a rent reduction. The unit may never be entirely vacant during these changes in tenancies. The new group of tenants becomes a new set of "original" occupants to which the same rules regarding a vacancy increase will apply. Under 36 Regulation 1013, where a landlord rents a unit and places only one tenant's name on the lease, but authorizes more than one tenant to occupy the unit, all tenants who occupy the unit within one month, with the landlord's express or implied permission, are considered "original occupants". This covers situations where a landlord interviews several prospective tenants, orally accepts a group of them, but has only one tenant sign the lease; In either case, the landlord is not entitled to raise the rent simply because the signing tenant or master tenant moves out permanently. Money paid as the first month's rent isn't considered a security deposit, but money paid in excess of the first month's rent (including that which is called "last month's rent" is considered part of the deposit. Generally, a security deposit may not exceed two times the monthly rent for an unfurnished unit or three times the monthly rent for a furnished unit. It is unlawful for a lease or rental agreement to make a security deposit non-refundable. Within three weeks after the tenant (or tenants) leave the unit vacant, the landlord must furnish the tenant with written statement itemizing the amount of and purpose for which any part of the security was claimed and used; The landlord may claim only the amount that is reasonably necessary to cover rent defaults, repair damages a tenant or a tenant's guest caused other than normal wear and tear, do necessary cleaning, and if allowed by the lease, cover the cost of restoring or replacing personal property (including keys) or furniture, excluding ordinary wear and tear. Where several roommates live together and have paid a deposit, the landlord is not required to return the deposit until the unit is returned to the landlord vacant. In court, the landlord has to prove the reasonableness of any amounts retained. A landlord who sells a rental property must either: * Transfer the deposit to the new landlord; In either case, the selling landlord may deduct any proper amounts for lawful claims. If this is done, the seller must supply the tenant with an itemized accounting of the amounts deducted. If the seller transfers all or part of the deposit to the new landlord, the seller must also notify the tenant of the transfer, and the new landlord's name, address, and telephone number. All notices must be delivered to the tenant by first-class mail or personal delivery. Such units include: those constructed after 1980, single-family residences described in 43 Regulation 508, units owned or leased by the Berkeley Housing Authority; The Ordinance requires landlords to place security deposits in an interest-bearing account insured by the federal government and to return the earned interest to the tenants every December as a cash payment or rent rebate. After the tenant has vacated the premises, the landlords must pay the tenant the balance of any interest earned, along with the appropriate part of the security deposit. A tenant who has not received a refund of security deposit interest by January 10 for the preceding calendar year may, after giving the landlord 15 days' advance written notice of intent to do so, deduct interest at the rate of 10 percent simple interest per year, from the rent. The landlord may instead refund the interest at the 10 percent rate before the deduction is to be made. Evictions Proceed with caution Evictions are governed primarily by state law, but the Rent Stabilization Ordinance imposes additional requirements. Furthermore, a landlord's failure to follow certain procedures may entitle a tenant to substantial damages. Rent Stabilization Board counselors are available to help parties understand their rights and responsibilities, but they do not provide legal advice to landlords or tenants regarding eviction proceedings in court. Landlords and tenants are strongly urged to obtain legal advice before filing an eviction action or contesting an eviction attempt. Consult the 48 Landlord/Tenant Local Resources page for referrals and publications. The landlord must file with the Rent Stabilization Board a copy of the notice to quit or notice of termination, and of the summons and complaint, within ten days of the date they are given to the tenant. Note: As of January 1, 2002, state law (Code of Civil Procedure section 1161) was amended to require additional information in three-day notices to pay or quit. Such units include: those constructed after 1980, single-family residences described in 56 Regulation 508, units owned or leased by the Berkeley Housing Authority, and units rented to federal Section 8 participants. The tenant fails to pay rent to which the landlord is legally entitled, after receiving a notice to pay or move out within a period not less than three days (also known as a 3-day Notice to Pay or Quit). The tenant continues to violate a material and valid term of the rental agreement after a written request to stop the violation. The tenant willfully causes or allows substantial damage to the rental unit to occur, and refuses to pay or make sufficient repairs after being asked in writing to do so. On the expiration of a fixed term lease, the tenant refuses to sign a new lease that is substantially identical to the expired one. The tenant continues to disturb the peace and quiet of other occupants after receiving a written request to stop. The tenant, after receiving a written request to cease, refuses to allow the landlord access to the re...
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