Cover Your Assets: A Landlord’s Guide to Maintenance and Habitability Documentation

Proper documentation is essential to demonstrate your diligence as a housing provider, protect your property, and minimize risk in the event of tenant disputes, Rent Board petitions, or legal claims. While Berkeley’s Rental Housing Safety Program (RHSP) checklist is one tool, it is not exhaustive. These best practices go beyond the RHSP and reflect the level of documentation advisable for effective property management in Berkeley.

1. Maintain Detailed Maintenance and Repair Records
Keep a running log of all maintenance activity, clearly distinguishing between:

• Tenant-reported issues (e.g., “Tenant in Apt B reported leak under kitchen sink on 5/10/25”)

• Owner-identified or preventive issues (e.g., “Routine inspection revealed deteriorated weather stripping in Apt A”)

Each entry should include:

• Date of repair or inspection

• Description of issue and origin (tenant vs. owner)

• Service provider (name, license number, and contact info, if applicable)

• Cost and invoice/receipt

Organizing logs by unit and tagging the source of the issue helps demonstrate proactive maintenance and timely response to tenant concerns.

2. Take Photographs and Video Documentation
Photograph the unit:

• At move-in and move-out

• During annual inspections

• Before and after any major repairs

Photos should be time-stamped and clearly labeled by location (e.g., "kitchen sink leak repair, Apt B, May 2025").

3. Save Written Communications
Preserve written correspondence with tenants about:

• Maintenance requests

• Your responses and scheduling

• Notices of entry and completion of repairs

This may include emails, texts, or copies of written notices.

4. Be Proactive About Property Conditions, Within Legal Limits
While the RHSP checklist is the only inspection mandated annually in Berkeley, housing providers may become aware of other issues during the tenancy that require attention. If so, you may enter the unit with proper notice for a specific, lawful purpose, such as:

• Servicing appliances or safety devices

• Inspecting for water intrusion or other visible concerns

• Addressing tenant-reported maintenance

• Completing repairs or conducting pest control

Avoid giving notice for vague or general inspections not tied to a specific need. If access is required, be sure to state the reason clearly and provide at least 24 hours' written notice as required by California law.

5. Understand the RHSP Checklist's Role
Berkeley requires completion of the Rental Housing Safety Program (RHSP) checklist each year, which covers basic habitability and safety features (smoke detectors, locks, ventilation, etc.).

Recommended Retention:

• Keep the most recent RHSP checklist on file as required.

• Retain the last 2–3 years of completed checklists for your own records.

Note: The RHSP checklist does not replace a full inspection by a licensed contractor and does not protect you from liability for unrelated issues related to habitability.

6. Know When a Licensed Contractor Is Required

For specific trades, California law requires the use of licensed professionals, especially when the value of labor and materials exceeds $500. Per Business and Professions Code §7027.2, it is unlawful for an unlicensed person to contract for work exceeding $500 in total cost (labor and materials included).

You must use licensed contractors for:

• Electrical work

• Plumbing

• HVAC installations or repairs

• Roofing

• Structural alterations

• Pest control (when remediation is needed, not just inspections)

These jobs often require permits, which can only be pulled by licensed professionals. Hiring unlicensed workers for this type of work can expose you to fines, stop-work orders, and legal liability if injuries or property damage occur.

For minor tasks (e.g., paint touch-ups, fixture swaps, basic maintenance), you may legally perform the work yourself or hire unlicensed labor, so long as the total cost is under the $500 threshold and no permit is required. However, always ensure:

• Workers are correctly classified (employee vs. independent contractor)

• You carry adequate insurance or verify coverage

• You’re not violating wage or safety laws, especially if hiring recurring labor

Best Practice: Even when not strictly required, using licensed and insured professionals, especially for matters related to habitability, provides better protection in the event of tenant disputes, Rent Board claims, or city enforcement.

7. Document Tenant Non-Responsiveness or Refusals
If a tenant delays or refuses access for repairs or inspections, document:

• Dates of attempted entry

• Notices served

• Written communication about rescheduling or denial

This record may be important in showing good-faith efforts to maintain the property.

8. Document Tenant Non-Compliance with Housekeeping or Habitability Standards

If a tenant’s actions or inaction contribute to unsanitary, unsafe, or unpermitted conditions inside the unit, it is important to document the situation thoroughly and neutrally. Common issues include:

• Trash accumulation or failure to clean, attracting pests

• Damage to walls, appliances, or flooring caused by negligence

• Mold or moisture buildup due to poor ventilation habits

• Unauthorized modifications or alterations to the unit

How to Document Responsibly:

• Take time-stamped photos that clearly show the condition and location within the unit.

• Note when the issue was discovered, who identified it (owner, staff, or tenant), and whether the tenant was present.

• Keep records of all communications to and from the tenant about the condition.

• Where appropriate, issue a written notice requesting that the tenant remedy the issue. This may take the form of a formal Notice to Perform Covenants or Conditions or a written letter referencing the lease and describing the required correction.

Important Note:
If tenant behavior is violating lease terms related to housekeeping, health, or safety, and the situation warrants formal notice, housing providers may serve a Notice to Perform Covenants or Conditions. This form should clearly state the specific lease clause being violated and include a detailed description of the issue, including dates if applicable. BPOA provides a customizable version of this form in the Rental Housing Forms Library.

How This Interacts with Section 7:

Section 7 covers situations where the tenant fails to grant access for repairs or inspections. Section 8 addresses situations where the tenant causes or contributes to conditions that may violate health, safety, or lease terms. In many cases, these two issues overlap. For example, a tenant may refuse entry for pest control while also contributing to an infestation through poor housekeeping. If both apply, your records should reflect not only the physical condition of the unit but also any difficulty in gaining access to address the problem.

Having clear documentation in both areas strengthens your position if the tenant later files a complaint or if enforcement becomes necessary.

Final Tip:
Well-organized documentation may help resolve disputes before they escalate, and will support your position if a tenant files a Rent Board petition or legal claim. While you don't need to retain everything forever, keeping 3–4 years of core maintenance records is a good rule of thumb.