Renting to College Students: Landlord Resource Center

Renting to college students presents unique challenges and opportunities. While student tenants often bring shorter lease terms, roommate changes, and guarantors into the mix, they also represent a steady and reliable rental pool. This page offers guidance for navigating the complexities of student tenancies in Berkeley, from legal compliance to practical strategies that help you avoid misunderstandings, reduce turnover stress, and maintain a positive rental experience. 

Understanding Student Rentals in Berkeley

Student rentals aren’t legally different from any other tenancy, but often function differently in practice. Here are a few key traits that make student housing unique:

• Fixed-term leases tied to the academic year
  Most student leases begin in late summer and end the following May or June to align with the UC Berkeley calendar.

• Frequent roommate changes
  Tenants may want to switch out one or more roommates mid-lease. This is allowed under Berkeley’s Rent Stabilization Ordinance (provided no less than one Original Tenant remains), and owners of fully covered units must have a process to review and approve replacement roommates.

• Use of guarantors
  Student tenants frequently rely on parents or guardians to sign on as guarantors. Landlords must remain mindful of privacy rights while clearly communicating who is financially responsible.

• First-time renters
  Many students have never rented before. Providing clear expectations up front helps avoid miscommunication and conflict later.

To reinforce expectations and highlight key policies, many landlords use a House Rules addendum. This document draws attention to essential lease clauses (such as noise, guests, or smoking) and allows you to add property-specific rules, such as how to handle trash, when quiet hours begin, or where bikes may be stored. House rules can also clarify shared responsibilities in multi-bedroom or roommate settings, which is an invaluable tool for student households.

Roommates, Guarantors, and Household Agreements

Renting to students often means navigating shared living situations, parental involvement, and mid-lease changes in occupancy. Understanding your rights (and theirs!) can help you stay in compliance and avoid confusion.

Roommate Replacements

In Berkeley, tenants in fully covered units have the right to propose a replacement roommate when one household member moves out. Landlords must have a reasonable process for screening and approving proposed replacements, but cannot unreasonably withhold consent provided an original tenant remains in tenancy (living in the unit).

If a new roommate is added more than 30 days after the start of the tenancy, they are not considered an “Original Tenant” under the Rent Stabilization Ordinance. This distinction is essential, as it may affect your ability to reset the rent at vacancy in the future.

For landlords, it’s crucial to document the change in writing. BPOA provides a “Change of Occupancy” lease addendum for this purpose.

Guarantors and Lease Guarantees

Many student tenants rely on guarantors—usually parents or guardians—to qualify for housing. BPOA provides a Guarantor Agreement form that ensures clarity around the guarantor’s financial obligations.

Under BPOA’s form, the guarantor:

• Unconditionally guarantees rent payments, damage repair costs, and related legal expenses;

• Remains liable for as long as the original tenant occupies the unit or owes any amounts under the lease;

• Agrees to remedy any default by the resident(s) after receiving 3 days’ written notice via first-class mail;

• Is jointly and severally liable, meaning the housing provider may pursue legal remedies directly against the guarantor without first suing the tenant.

The form also requires the guarantor to provide current contact information and acknowledges that standard notice to the tenant under California law constitutes notice to the guarantor.

Although the guarantor has no right of possession, their financial obligation is enforceable for the whole duration of the tenancy, including any extensions or renewals.

➡️ Members can find the Guarantor Agreement in the BPOA Forms Library.

Agreements Between Student Tenants

Student households often include multiple co-tenants or subtenants, which can lead to disputes over chores, utility payments, guests, or quiet hours. While landlords are not party to these internal arrangements, you can encourage your tenants to use written agreements to clarify expectations among themselves.

➡️ Roommate Agreement (Word document)
UC Berkeley Student Legal Services offers a helpful template for roommates who share a unit. This document is not legally binding with the landlord, but it can reduce household conflict.
📥📄 [Download Roommate Agreement (Word)]
Provided courtesy of UC Berkeley Student Legal Services

➡️ Subtenant Agreement (Word document)
If a student brings in a subtenant, this agreement helps define their expectations and financial responsibilities. This form does not replace or override the main lease.
📥📄 [Download Subtenant Agreement (Word)]
Provided courtesy of UC Berkeley Student Legal Services

Leasing & Turnover Best Practices

Student rentals tend to follow a seasonal rhythm that doesn’t always align with the traditional rental market. Understanding the academic calendar and preparing for frequent turnover can help avoid vacancy gaps, misunderstandings, and last-minute stress.

Lease Term Timing

Most student tenants want leases that begin in July or August and end in May or June. Aligning your lease term with the UC Berkeley academic year can make your property more attractive and help minimize turnover gaps.

Some landlords offer year-round leases to avoid summer vacancies but allow temporary occupants with prior approval during study abroad programs or internships. Others list their property well in advance of the academic year to capture demand early.

Mid-Lease Departures & Occupancy Changes

It’s common for student tenants to leave the unit mid-lease—for study abroad, internships, or graduation. When this happens, they may ask to bring in a new occupant.

There are two distinct legal pathways in Berkeley:

1. Roommate Replacement (Tenant's Right under Rent Ordinance)
Under the Berkeley Rent Stabilization Ordinance, tenants in fully covered units have the right to propose a replacement roommate when someone in the household moves out. Landlords may screen the proposed replacement using reasonable criteria, but cannot unreasonably deny the request.

This does not create a new tenancy, and the lease remains in effect. However, a replacement roommate who joins more than 30 days after the lease began does not acquire “Original Tenant” status. This distinction matters: when all Original Tenants have permanently vacated the unit, the Rent Board considers the tenancy to have ended, which may allow for a lawful rent reset when a new tenancy begins.

2. ⚠️ Subletting (Discretionary and Risky When No Original Tenant Is Present)

Subletting occurs when a tenant allows another person to live in the unit, either in addition to or in place of themselves, while retaining legal responsibility under the lease. This is not a protected right under Berkeley law. Landlords are not required to allow subletting, and it is especially risky when no Original Tenant will be living in the unit during the subtenancy.

Risks include:

• A subtenant who resides in the unit for 14 days or more may gain Just Cause eviction protections under Berkeley’s Rent Ordinance.

• If the subtenant refuses to vacate, the original tenant may lose their right to return.

• You may be left with a protected occupant you did not screen and who is not a party to your lease.

If you choose to allow a subtenant:

• Your involvement should be limited to screening and approving the proposed occupant.

• You should not become a party to the subtenancy agreement or attempt to structure the arrangement.

• The original tenant should remain fully responsible for rent and all lease obligations.

➡️ To help tenants set clear expectations with subtenants, you may refer them to the following resource:

📄 UC Berkeley Student Legal Services – Subtenancy Agreement (Word/PDF)

This agreement is designed for use between tenants only, not with the landlord. It can help tenants document responsibilities for rent, utilities, guests, and house rules during a subtenancy.
📥 [Download UC Berkeley Subtenancy Agreement (PDF)]
Provided courtesy of UC Berkeley Student Legal Services

Managing Student Rentals Successfully

Renting to college students can be rewarding, but only when boundaries and expectations are clearly set. Many students are first-time renters and may not understand their rights, responsibilities, or the norms of living in a shared household. A proactive, professional approach will help you avoid miscommunication, prevent damage, and reduce turnover.

Use House Rules to Reinforce Expectations

House Rules are a valuable tool for reinforcing important lease terms and setting property-specific expectations. While the rental agreement legally binds all leaseholders, House Rules help bring attention to issues that are especially relevant in student households, such as:

• Quiet hours

• Guest limits

• Bike storage

• Trash and recycling procedures

• Maintenance request procedures

You can also use House Rules to clarify policies that apply to all tenants, such as Berkeley’s No Smoking Ordinance, which prohibits smoking in multi-unit residential properties.

Communicate Like a Pro

Establishing a professional communication style from the start can prevent misunderstandings later. Consider the following best practices:

• Use email or your rental platform’s messaging system to document all communications

• Provide written reminders of lease rules or policies if you observe violations

• Respond promptly to repair requests and keep a record of what was done and when

Avoid casual or overly friendly exchanges that could be misconstrued. You’re not a peer, you’re a housing provider.

Plan Ahead for Student Turnover and Leasing Cycles

Because student rentals follow the academic calendar, tenants often move out in May or June. Most students begin securing housing for the next school year as early as January. If you intend to re-rent the unit quickly, you will likely need to show the unit while the current tenancy is still active.

To do this legally and effectively:

• Give proper notice (minimum 24 hours in writing) before showing the unit to prospective renters

• Explain the importance of cooperation to your tenants early on

• Encourage them to keep the unit clean and reasonably tidy during the showing period

This is also a good time to remind tenants that access for showings is allowed by law, and part of maintaining a professional rental relationship includes working together during the turnover process.

Move-In and Move-Out Documentation Matters

California law allows tenants to request a pre-move-out inspection during the last two weeks of the tenancy. If they request one, you must offer the inspection and provide a written itemization of potential deductions.

Regardless of whether tenants request a walkthrough, you—the housing provider—bear the burden of proof for the condition of the unit at move-in and move-out. That means:

• Use a detailed Move-In/Move-Out Inspection Checklist

• Take time-stamped photographs of the unit at move-in and again after the tenant vacates

• Keep copies of all documentation

Good records help avoid disputes and ensure any security deposit deductions are legally defensible.

Everyone on the Lease is Jointly and Severally Liable

If one roommate doesn’t pay rent or damages the unit, you can pursue any or all of the leaseholders for the full amount owed. Ensure this concept is clearly spelled out in your lease and understood by tenants and their guarantors.

Resource Table