Preview of Forms Available to Members
These forms are used during tenant screening before the tenancy begins and the rental agreement is signed.
Application to Rent (pdf)
Application to Rent: Should be given to anyone who is interested in renting a vacant unit. Every potential resident over the age of 18 should complete a separate application. This also provides consent should you take an application fee and run a background/credit check. For a Word format that the applicant can type their name into, refer to our alternative application. (rev. 1/18)
Application to Rent (Word)
Application to Rent: Should be given to anyone who is interested in renting a vacant unit. Every potential resident over the age of 18 should complete a separate application. This also provides consent should you take an application fee and run a background/credit check. For a PDF format of this document, refer to our alternative application. (rev. 1/18)
Daily Pro-Ration Rent Table
Daily Pro-ration of rent table. A quick reference guide if you need to know what the daily rent of your unit is. (Rev. 1/18)
Notice of Adverse Action to Rental Application
Notice of Adverse Action to Rental Application: Once you have screened a prospect and determined that the individual does not qualify, deliver this notice to inform the prospect that their application has been rejected and the number to contact for more information.
If you permit pets in your unit, you may use this application to vet a potential pet. It is always recommended to meet the pet in person prior to accepting the tenant. NOTE: by federal law, you may not deny any tenant (even sitting) to have a service or Emotional Support animal. You do have the right to require that pet adhere to any pet rules you may have for the property. You may not charge an additional security deposit for Service or Emotional Support animals.(rev. 12/17)
Receipt for Screening Fee
F02 - Receipt for Application Screening Fee: Once a completed application is turned in and you accept funds to screen the application of a prospective tenant, this form should be given to applicant
Screening Fee Disclosure Language
It is recommended that this disclosure be attached (or language added) to your rental application. (rev. 1/18)
These forms are used to document the terms of the tenancy and should be signed by all adult occupants
BPOA Recommended Residential Rental Fixed Term Lease Agreement
Berkeley-specific lease intended for use in a fixed term agreement. Includes non-smoking and short term rental clauses. Presented in Word document format for easy personalization. (Rev. 6/18)
BPOA Recommended Residential Rental Lease Agreement (12 Months)
Berkeley-specific lease intended for use in a 12-month agreement. Includes non-smoking and short term rental clauses. Presented in Word document format for easy personalization. (Rev. 04/18)
BPOA Recommended Residential Rental Month-to-Month Lease Agreement
Standard Month-to-Month Residential Agreement. Most popular rental agreement used to document a month-to-month tenancy. Rent control specific language included. (Rev. 4/18)
Rental Attachments (suggested)
These forms are suggested to accompany whichever rental agreement is used.
House Rules (can be altered)
House rules in a form that can be changed
House Rules and Regulations
House Rules and Regulations: Addendum to rental agreement outlining rules of conduct and conditions for living on the premises.
Insurance addendum encouraging tenants to hold insurance and limiting the owner's overall liability should a tenant choose not to carry insurance. Provides opportunity for the tenant to note whether they intend to hold insurance and if so, provide policy information to owner.
Inventory Checklist: Addendum to rental agreement used to describe conditions of the unit at the time of move-in and move-out of the premises.
Protect Your Family From Lead Brochure
Required by the State of California to furnished to tenant during lease signing. [7/18]
These forms are optional and may be used if applicable, but are not required.
Generic Separate Agreement
F35 - Generic Separate Agreement: Generic Separate Agreement (Rent Board Reg. 1021) can be modified to provide any service not included in the rental agreement. Use for storage, garden access, parking, pets, laundry--almost anything other than the right to occupy the actual apartment. Separate Agreements can include a fee, can be modified, and do not create a "base service" subject to in rent-controls.
Guarantor (Co-Signor) Agreement
F30 - Guarantor (Co-Signor) Agreement: Agreement between the Landlord and a Guarantor (co-signor) on behalf of a Resident who otherwise does not qualify to rent on their own credit.
Laundry Addendum (Separate Agreement)
Laundry Separate Agreement: Gives Landlord option of creating a Separate Agreement (Rent Board Reg. 1021) for laundry. Separate Agreements can include a fee, can be modified, and do not create a "base service" subject to in rent-controls. [7/18]
Onsite Employee Agreement Doc
Onsite Manager Employee Agreement. DOC format for easy changes
Pet Addendum (Lease)
Addendum to rental agreement when the Landlord chooses to permit a pet in the premises.Utilize Pet Application during the prospective tenant process, to learn more about the potential pet. [7/18]
Pool Rules and Regulations
F31 - Pool Rules and Regulations: Addendum to rental agreement outlining rules of conduct and conditions for use of the pool.
Satellite Dish and/or Antenna Addendum
Satellite Dish and/or Antenna Addendum: Addendum to rental agreement outlining the rules and conditions of installation and maintenance of a satellite dish or an exterior antenna. [7/18]
Rental Addenda when BPOA agreement not used
These forms are available if your rental agreement was not provided by BPOA. These are not necessary if you use an BPOA agreement.
F43 - Asbestos Disclosure - Notice of Amendment to Rental Agreement as required by the state. You must disclose known asbestos or if you are unaware, note that you are unaware..
F45 - Credit Reporting - Notice of Amendment to Rental Agreement: If BPOA agreement not used - Required notice to Residents that a negative credit report may be submitted to a credit reporting agency if the Resident fails to fulfill the terms of their credit obligations.
F42 - Late Fee - Notice of Amendment to Rental Agreement: If BPOA agreement not used or want to modify existing late fee section- Notice modifying existing rental agreement to add late fees in the event Resident fails to tender rent when due.
Lead-Based Paint Disclosure Addendum
F40 - Lead-Based Paint Disclosure Addendum: If BPOA agreement not used - Required Addendum to rental agreement disclosing unknown or known lead-based paint hazards on the premises built prior to 1978.
Megans Law (Sex Offender Info)
F44 - "Megan's Law" Disclosure - Notice of Amendment to Rental Agreement: If BPOA agreement not used - Required Addendum to rental agreement advising Residents of the existence of the Sex Offender Identification Line available.
Smoke and Carbon Monoxide Detection Device Addendum
smoke and carbon monoxide detection device addendum
Notices for use during the tenancy
These forms are for use during the tenancy as necessary.
Acknowledgment of Resident's Notice to Vacate
Acknowledgment of Resident's Notice to Vacate: Upon receipt of resident's notice to terminate, either verbal or written. This should be used in coordination with the Notice of Option to Request Initial Inspection form. [7/18]
Annual General Adjustment Notice 2018 for Rent Increase
Notice to give tenants for AGA increase, which is permitted by the Rent Board once per year. In 2018 the AGA amount is 2.3%. There are restrictions as to when you may give this notice, so please refer to the form for more information.
Estoppel Certificate: Used by a new Landlord to verify tenancies in the unit. Completed by the residents to verify amount of rent, names of occupants and to confirm other terms in their rental agreement, if any. Primarily used in preparation of sale of property.
Instructions for Pre-Move Out Inspection
Instructions for Pre-Move Out Inspection Procedures. Since January 1, 2003, landlords have been required to conduct a pre-move out inspection. This is required after the termination of the tenancy, whether the termination has been instigated by the landlord or by the tenant.
Move In/Move Out Checklist
For use to check in a tenant upon move-in date. Documents any defects in the unit that existed prior to the tenant moving in. Landlord and tenant should do walk through of unit together, with either party having the opportunity to make note of the problem. Suggested to take pictures to support noted problems/damage. Upon exit, checklist should be utilized to check tenant out of unit. [7/18]
No Smoking Lease Addendum (Voluntary)
No smoking lease addendum for tenants with a lease prior to May 1, 2014. Although this is a voluntary lease addendum, it is recommended you present it to any sitting tenant as notification of Berkeley's No Smoking Ordinance. All new leases after May 1, 2014 are required to have a no smoking clause which references ordinance No. 7,321 - N.S. This is a Rent Board-approved voluntary lease addendum.
Notice of Change in Terms of Tenancy
Notice of Change in Terms of Tenancy. If you are noticing a tenant in an increase of rent in a rent controlled unit, you MUST use the forms required by the city's Rent Board. Do not use this form. If you need to notice a tenant of other changes in their terms of tenancy unrelated to a rent increase, this notice may be used. Make certain that you understand the city's regulation for changing the terms of a tenancy prior to using this document. This form can be used for units that are not under rent control (i.e. single family homes).
Notice of Intent to Enter Dwelling Unit
Notice of Intent to Enter Dwelling Unit: Used to notify Resident of Landlord's intent to enter their unit. Entrance is limited to reasons stated in notice and must be posted at least 24 hours in advance of entering and conforms to state law for lawful entry into a unit.
Notice of Option to Request Initial Inspection
To be used when a tenant notifies the landlord they will be moving out. It is required to give to the tenant a notice of their right to an inspection prior to the move out date so that they may correct any deficiencies int eh unit in order to avoid deductions from the security deposit. This form requests that the tenant return it to you the owner within 3 days of receipt to acknowledge whether they want an initial inspection. This does NOT take the place of the final move-out inspection which should take place the day the tenant hands over the keys and vacates the unit. [7/2018]
Replacement Tenant Addendum
Use for replacement room mates which preserves your right to raise the rent after the last Original Tenant leaves. Allows landlords to accept rent payments from replacement room mates, once the form is signed. This is a Rent Board-approved form.
Resident's 30-Day Notice to Vacate
Resident's 30-Day Notice to Vacate: Resident's notice to Landlord indicating that they will be terminating the rental agreement and vacating the premises. Effective 30 days after receipt by Landlord.
These forms are pre-eviction notices. An unlawful detainer action may be initiated after any notice expires and the Resident fails to comply. Use extreme caution before pursuing an eviction without professional legal assistance.
30-Day Notice to Terminate Tenancy
30-Day Notice to Terminate Tenancy: To be used only if month-to-month tenancy and Landlord wishes to terminate the tenancy. Generally no reason or cause is required unless Just Cause Ordinance applies or Sect 8 resident. After notice period and Resident fails to comply, Landlord may initiate an Unlawful Detainer action (Eviction) without serving any other notice.
3-Day Notice to Pay Rent or Quit
3-Day Notice to Pay Rent or Quit: If Resident fails to pay rent when due, it is suggested that you provide a warning to the tenant the following day. If the tenant does not pay rent upon the warning, the Landlord may serve notice to request the rent be paid or the Resident must vacate. The notice can only contain past due rent, no other charges may be included. After notice expires and Resident does not comply, Landlord may initiate an Unlawful Detainer action (Eviction) without serving any other notice. A copy of this notice MUST BE FILED WITH THE RENT BOARD WITHIN TEN DAYS OF THE DATE GIVEN TO THE TENANT.
3-Day Notice to Perform Conditions and/or Covenants or Quit
3-Day Notice to Perform Conditions and/or Covenants or Quit: If Resident fails to perform a condition or defaults under the rental agreement (other than nonpayment of rent), the Landlord may serve notice to request compliance or payment under the rental agreement or the Resident may vacate. After notice expires and Resident does not comply, Landlord may initiate an Unlawful Detainer action (Eviction) without serving any other notice. A copy of this notice MUST BE FILED WITH THE RENT BOARD WITHIN TEN DAYS OF THE DATE GIVEN TO THE TENANT.If you are serving a notice for nonpayment of rent, please use the form titled "3-Day Notice to Pay Rent or Quit."
3-Day Notice to Quit (Waste or Nuisance)
3-Day Notice to Quit (Waste or Nuisance).To be used only in the event of gross negligence or non-curable defaults of the rental agreement. This form is typically used when criminal activity or severe nuisance is present. Given the difficult nature of evicting based on nuisance behavior, it is recommended that you seek the advice of an attorney prior to serving the notice.
Berkeley Evictions - A Landlord's Guide
Evictions in Berkeley are governed both by state and local law. If you are attempting to evict a tenant in a unit that is regulated by the Berkeley Rent Ordinance, you are strongly advised to seek legal counsel. Remember: ALL units in Berkeley have eviction protections except for Golden Duplex units. Single family homes, condos and new construction are subject to eviction protections. Consult with BPOA for attorney recommendations.
Extension to 30-Day Notice to Vacate
F61 - Extension to 30-Day Notice to Vacate: To be used when Landlord has agreed to an extension of an existing 30-Day Notice. Only valid if all Residents sign the extension.
Three Day Notice Instructions
These are general instructions for serving a 3 day notice to pay or quit, by State standards. For a complete overview of serving this type of notice in Berkeley, please refer to the form "Berkeley Evictions - A Landlord's Guide."
Forms after the Resident vacates
These forms are for use following the Resident vacating the unit and the tenancy is terminated.
How to Use the Abandonment Notices
F72 - How to Use the Abandonment Notices: Instructions on what to do when a Resident abandons the unit or vacates leaving personal property in the premises
Notice of Belief of Abandonment of Real Property
F73 - Notice of Belief of Abandonment of Real Property: Notice used when the rent is unpaid for 14 consecutive days and the Landlord has a good-faith belief that the Resident has abandoned the premises.
Pre-Move Out Inspection List
At the time of the inspection, landlord must give the resident an itemized statement of repairs that could result in deductions from their security deposit. This list would allow the tenant to make the repairs and avoid to avoid the deductions. Make 2 copies....one for the tenant, one for the landlord.
Report of Derogatory Consumer Credit Data
F70 - Report of Derogatory Consumer Credit Data: Used to report a resident that has failed to meet their credit obligations. Not necessary if Judgment in an Eviction or Small Claims case has been awarded.
Security Deposit Accounting Statement
F71 - Security Deposit Accounting Statement: Required for Landlord to provide a written accounting of what they did with a Resident's security deposit. Must be completed and sent within 21 days of a Resident vacating.
These forms may be a handy tool for use on your rental property.
Bed Bug Addendum (REQUIRED FOR NEW LEASES)
A state law went into effect on July 1, 2017, requiring notification and information about bedbugs. This form is in an editable format and is to be used for any new tenancies after July 1, 2017. For a Bedbug Notification form for sitting/existing tenants, please refer to our Bed Bug Notification Form.
Bed Bug Notification (REQUIRED FOR SITTING TENANTS)
A state law went into effect on July 1, 2017, requiring notification and information about bedbugs.This form is in an editable format and is to be used for any sitting/existing tenants, whom you must notify by January 1, 2018. For new tenancies after July 1, 2017, please refer to our Bed Bug Addendum Form.
Business License Tax Renewal Form (2018)
The City of Berkeley's Business License Tax Renewal Form is a form sent out annually by the city for payment of your business tax on your gross rental income. It is due prior to March 1 of every year to avoid incurring a hefty penalty. If you did not receive form in the mail, you can utilize this form.
Declaration/Proof of Service to Resident
Declaration of Service to Notice to Resident. Use this form to record when you served a tenant with a notice of any kind. It is a best practice to regularly use this form as a way to remind yourself of what notices you have given tenants, as required by law or during the course of a problem such as non-payment of rent. Creating a Proof of Service when you deliver important documents will ensure a legal record of your actions.
Fair Housing Poster
fair housing poster from HUD
Good Cause Reasons for Eviction
In order to evict a tenant in Berkeley, you must have at least one of 12 "good causes" to do so. This is a laymen's term outline of those causes.
F81 - Incident Report: Handy form to document incidents in and around the property and record information to be used for serving notices and proof in court.
Information for Payment of Rent & Services of Process Notices
Effective January 1, 2002, Civil Code section 1962 requires landlords to provide information to all residential tenants concerning to whom and how rent should be paid. This form is provided by the Berkeley Rent Stabilization Program to assist landlords in complying with the requirements of that law.
To be used as a general guide to a tenancy end, preparing to rent your unit, finding a tenant and lease signing. [1/19]
Maintenance and Repair Request
F80 - Maintenance and Repair Request: Handy form for Resident to complete to notify Landlord of maintenance and repair requests and for Landlord to track progress.
To be added to your standard lease.
No Smoking Voluntary Lease Addendum
This voluntary lease addendum complies with Berkeley's No-Smoking Ordinance. You may ask sitting tenants to voluntary sign this lease addendum. They are not required to. All new tenancies are required to have a clause in the lease or this addendum attached to the lease. New tenants are required to sign the addendum. Be sure to include the No Smoking Ordinance Brochure for any existing or new tenancies.
No-Smoking Ordinance Brochure
A 2014 Berkeley ordinance bans smoking in multi-unit buildings. All new tenancies must have a clause in the lease referencing the no-smoking ordinance. The landlord is responsible for furnishing the city's No-Smoking Ordinance Brochure. All sitting tenants can be asked to sign a no smoking addendum, but they are not REQUIRED to. You may distribute this brochure to sitting tenants as well as new tenants.
Notice of Tenant Protection Ordinance
The Tenant Protection Ordinance prohibits illegal evictions through the use of fraudulent and/or misleading representations, intimidating conduct, and coercive conduct. (B.M.C. 13.79.060) The Ordinance requires landlords to provide notice to tenants disclosing the existence of the Ordinance’s protections on a form prepared by the city. This disclosure notice is required to be provided at the inception of any tenancy beginning after April 2017, and must be included with any eviction notice. Failure to include this notice is a defense to unlawful detainer (eviction). This is the city's approved form.
Replacement Roommate Form
This form is to be used when a replacement tenant takes tenancy in a unit. This form establishes your right to raise the rent to market once a Master Tenant permanently vacates. A Master Tenant is anyone that signed the original lease and/or moved into the unit within the first 30 days of the lease start date. It is critical that replacement tenants sign this agreement as soon as you are made aware of them and/or approve them for tenancy.
Schedule A (RHSP Inspection Form)
The Rental Housing Safety Program requires all landlords to inspect their units annually using Schedule A, give a copy to the tenant and keep a copy on file. You may be asked to produce the document should a Rental Housing Safety Inspector come to inspect your unit. You are NOT required to file this with the RHSP.