How to Complete Addendum No. 1: Just Cause and Rent Cap Disclosure

Addendum No. 1 of BPOA’s lease is a standardized disclosure form that allows rental housing providers to clearly state which rent control and eviction laws apply to their unit. While most of the information disclosed here is not required by law, it is considered a best practice for transparency and compliance. If you are claiming exemption from AB 1482, then certain written disclosures, such as Box C, are legally required under state law.

Step-by-Step Guidance

1. Determine Local Coverage

The Premises [ ] is / [ ] is not controlled by a local government rent adjustment ordinance or law.
The Premises [ ] is / [ ] is not controlled by a local government just cause for eviction ordinance or law.

In Berkeley, most rental properties are either fully covered or partially covered by the local Rent Stabilization Ordinance — or they are exempt but still "touched" by the ordinance through registration or notice obligations.

Use the following guidance to determine how to complete this section:

• Fully Covered (e.g., older multi-unit properties):

  • Check “is” for both rent adjustment and just cause

• Partially Covered (e.g., single-family homes or condos with no other units on the parcel):

  • Check “is not” for rent adjustment

  • Check “is” for just cause

  • This classification applies to the vast majority of single-family homes and condos in Berkeley. While these units are typically exempt from local rent control, they are still subject to Berkeley’s local just cause for eviction rules and registration requirements.

    🔹 Note: The only common exemption scenario would be a temporary sabbatical rental where:

    • The owner previously occupied the home as their principal residence for at least the immediately preceding 365 days;

    • The owner does not own any other residential rental units in Berkeley;

    • The lease term is no longer than two years; and

    • The lease explicitly reserves the owner's right to reoccupy the home at the end of the lease term.

    When these conditions are met, the unit is exempt from rent control, just cause for eviction, and registration. However, if the term of occupancy exceeds two years, the unit is no longer exempt and instead becomes partially covered under the Berkeley Rent Ordinance.

  • Exempt (e.g., Golden Duplexes): May check “is not” for both rent adjustment and just cause, but exemptions like these generally do not require formal filing with the Rent Board. Be sure the unit meets the criteria for exemption before using this classification.

  If you’re unsure of your unit’s status, consult BPOA’s compliance resources or confirm with the Rent Board.

  Exceptions:

  • Single-family homes or condos with no other units on the parcel may be exempt from Berkeley rent control.

  • Golden Duplexes (owner-occupied at the start of tenancy) may be exempt from both rent control and just cause, depending on specific circumstances. While registration is often recommended, formal filing is not always required to claim the exemption.

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  2. If Not Covered by Local Law, Continue with State Law (AB 1482)

  A. The Premises [ ] is / [ ] is not subject to the rent limits imposed by section 1947.12 of the Civil Code and [ ] is / [ ] is not subject to the just cause requirements of section 1946.2 of the Civil Code.

  If Berkeley's rent control or just cause rules do not apply, check whether state law does. Most properties not covered locally are covered by AB 1482, unless exempt.

  B. [ ] California law limits the amount your rent can be increased...

  Check this box only if the unit is subject to AB 1482 rent caps and just cause protections.

  C. [ ] The Premises meet the requirements of sections 1947.12(d)(5) and 1946.2(e)(8)...

  Check this box only if the unit qualifies for the AB 1482 exemption:

  • It is a single-family home or condo;

  • It is not owned by a REIT, corporation, or LLC with a corporate member;

  • You are claiming exemption from AB 1482 rent caps and just cause;

  • This disclosure is being made in writing at the start of tenancy.

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  💡 Tip: Why It's Smart to Check Box C (When It Applies)

  Owners of single-family homes and condos that qualify for the AB 1482 exemption aren't required to check Box C, but it's a very good idea if the exemption applies.

  Why?

  • Checking Box C satisfies the written disclosure requirement in Civil Code §1947.12(d)(5) and §1946.2(e)(8).

  • It clearly documents the exemption within the lease.

  • It creates a helpful record in case of future legislative changes or disputes.

  Only check Box C if the unit meets all exemption requirements. Improperly claiming the exemption can expose the owner to penalties and tenant claims.

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  3. Owner's Principal Residence Clause

  [ ] Resident agrees and acknowledges that Owner previously occupied the Premises as their principal residence...

  Check this box only if all of the following apply:

  • You previously occupied the unit as your principal residence for at least the immediately preceding 365 consecutive days prior to the lease start date;

  • You do not own any other residential rental property in Berkeley;

  • You intend to reoccupy the unit as your principal residence at the end of the lease term;

  • This intent is clearly stated in the lease.

  Including this clause supports your right to recover possession of the unit for owner move-in under Berkeley’s just cause eviction requirements — and exempts you from paying relocation assistance under the city’s Relocation Ordinance. This right is limited and can only be exercised if all criteria under the local ordinance are satisfied.

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  For questions about how to apply these rules to your specific rental property, BPOA staff can help interpret compliance obligations based on your unit type and filing status. Visit the Rental Housing Forms Library or Knowledge Hub for more resources.