Renters cannot be evicted for failure to pay rent during the State of Emergency
The information in this message is out of date but preserved as a record.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, know that landlords in Berkeley cannot evict you for non-payment.
You are protected by Berkeley's emergency eviction moratorium during the COVID-19 State of Emergency, which is still in effect. During the State of Emergency, landlords can only evict tenants for exceptional reasons.
Berkeley renters unable to pay due to COVID-19 related financial losses will have twelve months to repay any back rent after the local State of Emergency expires.
Landlords in Berkeley cannot charge late fees on the deferred rent and cannot evict for unpaid rent. The only exceptions are when necessary for health and safety reasons or pursuant to the Ellis Act.
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
Tenants cannot waive their rights under this protection, and landlords cannot offer incentives for tenants to waive their rights.
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.
