Renters must notify landlords in writing to protect themselves from eviction
The information in this message is out of date but preserved as a record. For updates, please see the Rent Board COVID-19 tenant and landlord information page, which has the most recent information.
If you're struggling to pay rent due to COVID-19, you are protected by Berkeley's emergency eviction moratorium - but you must notify your landlord no more than 7 days after your rent is due.
A simple written notification via email or mail is sufficient, but you may be required to provide details at a later date. The Berkeley Rent Board has created a template you can use for this letter.
Renters who notify landlords on time would be allowed to pay back their rent within six months after the local State of Emergency expires. Landlords would not be able to charge late fees on the deferred rent and cannot evict for unpaid rent.
Preserve documentation of financial hardship
In the future, you may need to prove how you were financially impacted by COVID-19. Make sure to keep documentation showing why you can't pay the full rent.
Common ways people have been impacted include:
- Decrease in household income due to layoffs or reduction of hours
- Decrease in household income due to caregiving responsibilities, including child care needs arising from school closures
- Substantial material out-of-pocket medical expenses
Examples of supporting documentation include:
- termination notices
- payroll checks or pay stubs
- bank statements
- letters, emails, or texts from an employers or supervisor
- documentation of caregiving responsibilities, including those related to school closures
- medical bills
If the tenant notifies the landlord of their hardship within the 7-day timeline, landlords cannot evict tenants financially affected by the COVID-19 during the local State of Emergency. Tenants should notify the landlord as soon as possible.
A landlord may request that the City Manager or their designee waive or modify the prohibition on evictions if they can prove hardship or that not being able to evict would be an unconstitutional taking, under guidelines developed by the City Manager's Office.
Landlord-tenant voluntary agreements
Landlords may temporarily reduce or forgive rents to assist their tenants cope with the COVID-19 crisis without permanently reducing the amount of rent that can be charged for the unit.
Landlords and tenants must have a written agreement that must state that the reduction is temporary, and is not related to market conditions, habitability, or a reduction in housing services.
Written agreements entered into during the local State of Emergency may extend beyond the expiration of the local State of Emergency where the landlord and tenant expressly agree to the duration in writing. These agreements would not permanently reduce the rent an owner can charge at the end of the agreement.
For questions, contact the Rent Board at 510-981-7368 (RENT) or rent@cityofberkeley.info. You can also see their COVID-19 page and sign up for their email list, which is being used to contact people directly.