Tenancy Rights: 5 Things to Look Out for
Last Updated: 4/21/2026
Introduction
We had the privilege of speaking to Soli Alpert, who currently serves as the chair of the Berkeley Rent Board. The Rent Board is an elected body that oversees Berkeley’s rent control program. They regulate rent increases, protecting tenants from unfair evictions through the Just Cause for Eviction Ordinance. The Board works to assure compliance with legal duties relating to rental housing, as well as to advance the City's housing policies for low- and fixed-income people, marginalized communities, students, people with disabilities, and the elderly.
Although our initial conversation began with the goal of discussing the biggest issue college students face regarding housing, it quickly became clear that the issue was far too broad to narrow down to just one concern. Hence, Soli explained the top 5 issues he has come across throughout the years that affect tenants throughout the community. Student tenancy is a more common issue because students are first-time renters. These issues fall into the categories of Confusing or Suspicious Rent Arrangements, Understanding Rent Control Status, Security Deposit Rules and Violations, Documentation and Communication, and Confusion Over Landlord vs. Tenant Responsibilities
1. Confusing or Suspicious Rent Arrangements
One of the biggest issues faced by first-time student renters is understanding unusual or confusing rent agreements. Due to the limited experience with leasing, many college students may overlook red flags in promotional offers or unconventional payment structures. As Soli emphasized, landlords often use incentives such as “first month free” or deeply discounted initial payments to make a unit appear more affordable. While these deals seem appealing, they can create complications in the long run, especially in cities with rent control. For example, promotional rents can influence how a unit’s legal rent ceiling is calculated. In units covered by rent control rules require the rent cap to be calculated based on the average rent paid over the first twelve months. This means that if a tenant has several “zero-rent” months due to promotions, the landlord can later justify significant rent increases by claiming a higher average amount.
Because these “funky” agreements often blur the line between legitimate incentives and exploitative practices, Soli underscores the importance of reviewing lease terms carefully. Students should always question promotions that seem too good to be true and understand how any discounts may affect long-term rent calculations. Ultimately, transparency and scrutiny are key to avoiding arrangements that may appear harmless at first glance but carry significant consequences later.
2. Know and Understand the Rent Control Status of your Unit
A major issue Soli highlighted is how often tenants misunderstand the rent control status of their unit. Knowing the type of rent control unit you are in is important because it determines your rights regarding rent increases and eviction protections.
Full Coverage:
Capped rent increases (limited to the Annual General Adjustment)
Strong eviction protections requiring a “just cause.”
Mandatory interest on security deposits
Typically includes most pre-1980 multi-unit buildings and some older single-family homes rented before 1996
Partial Coverage:
No rent cap
Just-cause eviction protections
Security deposit interest
Typically includes most single-family homes rented after 1996, many condominiums, and newer buildings constructed after 1980
No coverage:
Unlimited rent increases
No just-cause eviction requirement
These include situations where tenants share facilities with the owner, owner-occupied “Golden Duplexes,” university housing, nonprofit co-ops, and certain ADU-related tenancies
Soli also noted that the benefits of rent control vary depending on how long a tenant intends to stay. Long-term renters gain more protection and stability, whereas the impact is a lot less for students who rent for a shorter period of time. Being informed about the rent control status is a crucial part of protecting one’s housing rights. Tenants should check the Berkeley Rent Board website to find more detailed information about a property’s classification.
3. Security Deposit Rules and Violations
California is very strict on security deposit rules, yet many renters remain unaware of their rights and protections. Generally, landlords are not allowed to charge more than a month's worth of rent as the deposit, and there must be a clearly defined process for returning it when the tenant moves out. This includes providing an itemized list of any deductions, issuing the refund within a strict timeline, and ensuring that any charges reflect damage beyond normal wear and tear.
Soli emphasized the importance of it having to be beyond normal wear and tear; many tenants face the risk of falling into the situation where the landlord refuses to pay their deposit due to damage that would fall into the scope of normal wear and tear. Soli illustrated the situation by giving the example of scuffs on the hardwood floor being normal, whereas a hole in the wall could call for a reduction in the deposit. Keeping track of deadlines is also extremely important. If the landlord misses the deadline to issue the security deposit, they no longer have the right to ask for it from the tenant.
In situations where the landlord and tenant dispute the security deposit, the matter can be taken to small claims court. Tenants need to be proactive in documenting the condition of the unit, as thorough evidence helps ensure they can present a strong case and effectively assert their rights.
4. Documentation and Communication
Documenting and having strong verifiable evidence for communications and events regarding the unit can be crucial for any type of issue that may arise, including security deposit disputes.
Some tips that Soli gave in recording information are:
Taking pictures of everything
When you first move in, whenever an issue regarding maintenance arises, while moving out
Emailing pictures to yourself to have verifiable information
Communicate everything with the landlord
Even if you do not receive a response, it's important to engage in some type of written communication with the landlord regarding the unit
Through email, messages, etc.
This sort of record-keeping is crucial in disputes and tenant advocacy.
5. Landlord vs. Tenant Responsibilities
A recurring issue that Soli comes across is widespread uncertainty about what is the landlord's and what is the tenant's responsibilities. This confusion is exacerbated among student renters, many of whom are learning about housing rules and maintenance requirements for the first time. Landlords can purposely blur the lines to try and deflect their responsibility onto the tenants. They can frame issues as being the tenant's fault and require them to take responsibility for issues, even in areas where they are obligated to resolve.
California law requires landlords to maintain a level of habitability for the rental unit. This includes timely and complete remediation of issues such as mold, rodent infestations, broken appliances that came with the unit, and structural problems that affect safety or basic living standards. If the issue compromises habitability, it is almost always the landlord’s duty to fix it promptly. Tenants cannot be blamed for problems they did not cause, and landlords cannot assume tenant behavior without evidence.
In the situation where the landlord is not properly maintaining the unit, the tenant can go to the rent board regarding the issue. The rent board can then help them receive a rent reduction and retroactive compensation. Soli emphasizes the importance of asking and receiving guidance whenever confused and unsure regarding an issue about their unit.
Conclusion
Understanding tenancy rights is essential for protecting oneself in the rental market, especially for first-time student renters. From recognizing confusing or suspicious rent arrangements to knowing the rent control status of a unit, to navigating security deposit rules, documenting communications, and clarifying landlord versus tenant responsibilities, tenants have many areas where awareness and proactive action can prevent disputes. Soli’s advice and information are beneficial for students and other tenants to have a safer, fairer, and more transparent rental experience in Berkeley and beyond.
Disclaimer
This document is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult an employment attorney or legal aid organization. For additional questions, feel free to contact us at legalclinic@asuc.org.
Sources
City of Berkeley Rent Board. (n.d.). Rent Control 101 – Is Your Unit Covered? Retrieved from https://rentboard.berkeleyca.gov/rights-responsibilities/rent-control-101/your-unit-covered-rent-control
City of Berkeley Rent Board. (n.d.). About / Contact Us. Retrieved from https://rentboard.berkeleyca.gov/services/aboutcontact-us
California Courts. (n.d.). Guide to Security Deposits in California. Retrieved from https://selfhelp.courts.ca.gov/guide-security-deposits-california
California Attorney General. (n.d.). Know Your Rights: Habitability (English). Retrieved from https://oag.ca.gov/system/files/media/Know-Your-Rights-Habitability-English.pdf