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One of the advantages of being a member of BPOA is having access to a wide array of useful forms, some of which have been created just for our members. For example, The BPOA RENTAL AGREEMENT F09 is specific to Berkeley and includes lead, asbestos and sex offender language. You can view the complete list of available forms here, but only members can download.

Legal • December 26, 2007

Good Cause for Eviction

GOOD CAUSE IS REQUIRED FOR EVICTION

[Berkeley Municipal Code Section 13.76.130]

ATTENTION: EVICTIONS CAN BE COMPLICATED. IF YOU HAVE “GOOD CAUSE”, BPOA ADVISES: CALL A LAWYER KNOWLEGABLE IN BERKELEY TENANT/LANDLORD LAW

 AS SOON AS POSSIBLE.

 

In Berkeley, a landlord can only terminate a tenancy or evict a tenant for GOOD CAUSE. A Notice to terminate or evict must specify one of the following thirteen Good Causes

 

1. Failure to pay rent.

 

2. Violation of a material term of the lease.

 

3. Causing substantial damage to the unit.

 

4. Disturbing the peace and quiet of other tenants.

 

5. Refusing to allow the landlord access to make repairs, after receiving notice.

 

6. Refusing to sign a new lease substantially the same as the old lease.

 

7. Engaging in unlawful activity on the premises.

 

8. A tenant refuses to vacate temporary housing offered by the landlord after repairs to the tenant’s unit have been completed (but tenant can move back to old unit).

 

9. The landlord seeks to make necessary repairs to bring the unit up to Code after permits have been obtained and the tenant has been offered other available units.

 

10. For occupancy by the owner or owner’s spouse, child or parent.

 

11. Landlord has received a permit to demolish the unit.

 

12. The unit is the lessor’s principal residence and the lessor wants to move back into the unit, as provided in the rental agreement.

 

13. To remove all the units from the rental market under the Ellis Act.

 

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