Preview of Forms Available to Members
Forms for Preparing to Rent Your Property
Forms to prepare you in renting your vacant unit
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)
Business License Application
If this is the first time you are renting out your unit, and you own three or more units (whether they are in a building or a single family home combo), you need to apply for a business license. Your business license will be used to send you an annual business license tax form in which you must pay a business tax based on your gross rental income. Go to our Other Helpful Information section for the Business Tax form. (4/19)
Credit Reporting - Notice of Amendment to Rental Agreement (only if you are not using the BPOA recommended lease). This is a required notice that you must give tenants noting 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.
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. You may also calculate the daily rent by taking the monthly lease amount and dividing it by 30. (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.
Offer to Rent
This form is to be used if you have agreed to rent a unit to a prospective tenant but it has not yet been vacated by the previous tenant or the tenant cannot move in for a period of time. [6/19]
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
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
Rental Housing Safety Program Inspection (Schedule A)
Each year, you are required to inspect each unit you rent, using the Rental Housing Safety Program's Schedule A document. You must give a copy to each tenant once completed. Although the tenant is not required to sign it, you may ask them to. You must keep a copy on hand in case the RHSP requests it. Failure to do so will result in a fine. If your tenant refuses the inspection, fill out the bottom of the form and submit to the RHSP. You are not required to submit the document to the RHSP if your tenant permits the inspection. (4/19)
Screening Fee Disclosure Language
It is recommended that this disclosure be attached (or language added) to your rental application. (1/18)
Vacancy Registration Form (for Rent Board)
When you have a new tenancy ,you are required to fill out this form and send it into the Rent Board within 15 days of the new lease date. This is an important form, as it sets the "initial rent" which will become the new rent ceiling for your unit. Failure to submit this form can deem your unit "out of compliance" with the Rent Board which can have consequences for future issues that come before the Rent Board. There is no financial penalty if you turn it in late. [3/2018]
Recommended Berkeley-specific leases for all terms of tenancy
BPOA Recommended Residential Rental Lease Agreement
Berkeley-specific, lawyer-reviewed lease. This lease is provided in Word format so that you may modify it according to your unit and the tenancy. Can be used for an annual lease term or month-to-month. Read it carefully as not all parts of the lease will apply to your situation.This lease is intended to be part of a lease package which includes addendums. Go to our Rental Addendums section for more. (Rev. 07/19)
BPOA Recommended Residential Rental Lease for Single Family Homes
Berkeley-specific, lawyer-reviewed lease for single family home (or condo) rentals. This lease is provided in Word format so that you may modify it according to your unit and the tenancy. Can be used for an annual lease term or month-to-month. Read it carefully as not all parts of the lease will apply to your situation.This lease is intended to be part of a lease package which includes addendums. Go to our Rental Addendums section for more. (Rev. 07/19)
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.
Addendums both suggested and required for use with a lease
Add/Remove Tenant to Lease Addendum
Form to use when one tenant replaces another tenant or you need to add a tenant to a current lease. It is not recommended to write a whole new lease with the new tenant, rather to use this form to recognize the addition or replacement of the tenant. You should also use the Replacement Roommate Addendum in the case where a sub tenant is coming into the unit after the lease was put into place. [5/19]
Addendum to Renew or Extend Lease
Used to extend the lease term once a lease has expired. Under Berkeley law, a tenant has the right to continue on the current lease and is only required to sign a "substantially similar" lease to the one they had prior. This form allows the current lease to remain in effect, while modifying the terms of the lease where permitted (rent and length of term of lease).. You will need to modify this addendum to choose whether it is a one year lease or a month-to-month lease. You may also add any agreed-upon lease changes. [6/19]
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..
An addendum intended for those who have space at their rental property for BBQs or Grills. If you don't permit BBQs or Grills, make sure to include that in your House Rules document. (4/19)
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.
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.
Furnishings Check In Condition Checklist
To be used at check-in to carefully document all furnishings and their condition. The same document should be used upon check out, to make sure that all furnishings are in good condition (minus standard wear and tear). It is suggested that you also document the condition of the furnishings by taking pictures. [5/19]
Furnishings Lease Addendum
To be used if you are renting a unit in which the furnishings are provided. Should be used in coordination with the Furnishings Inventory Checklist which is used at check-in to clearly detail all the furnishings and to note their condition. [5/19]
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.
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.
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.
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]
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.
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.
Pet Addendum (Lease)
Addendum to rental agreement when the Landlord chooses to permit a pet in the premises.Utilize the Pet Application during the prospective tenant process, to learn more about the potential pet. [7/19]
Pool Rules and Regulations
F31 - Pool Rules and Regulations: Addendum to rental agreement outlining rules of conduct and conditions for use of the pool.
Protect Your Family From Lead Brochure
Required by the State of California to furnished to tenant during lease signing. [7/18]
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.
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]
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.
Smoke and Carbon Monoxide Detection Device Addendum
smoke and carbon monoxide detection device addendum
Smoking Policy Addendum
This is intended for new lease agreements/new tenancies only. If your building is subject to the Smoke-Free Multi-housing Ordinance, be sure to check the box indicating that it is.
Forms for Use During Tenancy
Forms for use during a tenancy and to communicate with tenants.
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 for Rent Increase
Notice to give tenants for AGA increase, which is permitted by the Rent Board once per year. In 2019 the AGA amount is 2.5%. 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.
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.
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.
Lease Release Agreement
Intended for use when a tenant has asked to get out of a lease (typically a lease with an annual term) and you have agreed to release them.(4/19)
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.
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 for Current Tenants)
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 Intent to Enter for RHSP Inspection
You are required annually, to do a Rental Housing Safety Program inspection (Schedule A) for each unit you rent. This form is to notice the tenant that you will be entering their unit at a specified time to conduct the inspection. (4/19)
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 in the 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]
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.
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.
Smoking Prohibition Lease Addendum
This is a Rent Board-sanctioned lease addendum that you may ask sitting tenants to sign if their unit became subject to the Non-Smoking Ordinance (2014). While you may not require your tenant to sign this, you may ask them to do so. For new tenancies in which the unit is subject to the Non-Smoking Ordinance, refer to the No Smoking Policy Addendum.
Forms for Evictions & Other Tenant Problems
Forms to use for evictions or other tenant-related problems. Warning: we do not recommend use of these forms without the prior guidance and approval of an attorney
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 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."
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 (including late fees) may be included and may risk the validity of the notice. 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. [7/19]
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 and certain Accessory Dwelling 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
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.
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.
Forms for Use After Tenancy
Forms to use once your tenant has given notice that they will be vacating the unit
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.
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.
Other Helpful Information
Other helpful information to guide you in being a rental housing provider
As of July 25, 2017 it is illegal to discriminate against a tenant based on their source of income. When advertising a unit, or responding to a request for eligibility from a prospective tenant, you may not state that you do not take Section 8 (or other subsidized housing vouchers).
Business License Renewal Form
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.
Fair Housing Poster
fair housing poster from HUD
To be used as a general guide to a tenancy end, preparing to rent your unit, finding a tenant and lease signing. This document lists all the addendums you should make sure are in your lease package. [4/19]
Onsite Employee Agreement Doc
Onsite Manager Employee Agreement. DOC format for easy changes
Tenant Protection Ordinance
Although you are only required to provide the notice of the Tenant Protection Ordinance to any new tenancy, this is the Tenant Protection Ordinance in its entirety. (4/19)
Handouts and materials from our education sessions
Capital Improvement Rent Increases
In 2018, the BRHC sued the Rent Board for its denial of rent increases based on seismic upgrades (capital improvements) completed by owners as a result of the city's Soft Story list. We won the right for owners to receive an automatic rent increase (no matter what increases they may have had in the past). This is a checklist that will help you figure out if you qualify for this type of rent increase.
Illegal Units, Emotional Support Animals & Lease Agreements
What you need to know about renting out an illegal/non-conforming unit, what emotional support animals are all about and whether you are required to accept them in your unit, and what are the most important parts of any Berkeley lease. [Original presentation 5-4-19]
Presented by the ever-popular Mark Tarses (BPOA member and property manager extraordinaire!), this is a list of easy-to-find and inexpensive products that will make your life as a landlord a little easier. Pssst....it will also make your tenants happy.
What is proactive landlording? What to do with tenant surrender of possession and buyouts. What the Eviction Process looks like. [Original presentation 8/3/19]
Tenant Buyout Agreements
Legal perspective on tenant buyout agreements and their requirements in Berkeley.