Being a Landlord

Parent Q&A

Advice on how to list/rent 3BR/2B live/work West Oakland condo Jul 18, 2021 (5 responses below)
New Berkeley ADU, landlord, Airbnb, pros / cons Jun 15, 2021 (3 responses below)
Experience with owner move-in eviction for ADU? Jun 3, 2021 (6 responses below)
Landlords - Renting or leave vacant or AIRBNB? May 19, 2021 (6 responses below)
Bought a home, squatter help May 19, 2021 (17 responses below)
Moving to Europe - logistics of renting our Oakland home Apr 15, 2021 (2 responses below)
Becoming landlords: BPOA? EBRHA? Both? Feb 26, 2020 (2 responses below)
Legal service or property management for leasing in-law Feb 5, 2020 (5 responses below)
Leaving house vacant for a year to avoid becoming landlord Oct 18, 2019 (22 responses below)
Tax preparer / accountant: familiar with landlord issues May 30, 2019 (1 responses below)
Property manager for novice landlords Jul 25, 2018 (2 responses below)
Guidance for Leasing a Single Family Home in Berkeley? Jun 28, 2018 (2 responses below)
Experience with Buying & Owning Small Apt Complex Jun 12, 2017 (1 responses below)
  • We recently acquired a condo in West Oakland and are trying to figure out the best way to rent it out to a responsible family or professional (it is a live/work permitted space).  We are new to this so I am hoping this community can make some recommendations about where to list it and any tips regarding the process of showing the property to tenants.  Do people do open houses for this type of thing?  Should we rent furnished or unfurnished?  These are the types of questions we are trying to answer for ourselves and this community knows so much and has a lot of great experience so I was hoping to tap into that.  Our son lives in the building so is on site to show it and can be there for any issues that come up.  Because this is a small building, and the place is newly remodeled, we want to get tenants that will treat it well.  Any advice is appreciated.  

    because your questions (good ones) read to me that you

    msy be a first time landlord, i am going to write this as such. and yes it is a ‘hold up, take a breath’ cautionary bit of advice. 

    do you have a thorough understanding of federal fair housing laws?  state rent control laws? city of oakland rent control laws and ordinances?  do you understand what all of the above means under covid restrictions? do you know exactly who is and who is not classified as a federally protected class? if you do not understand all this backwards and forwards and/or have excellent professional(s) counseling you on these matters i would run, not walk, away from renting out your condo until you do. i don’t want to scare you, but really i DO want to scare you.  being a mom and pop landlord in california is about the single most litigious enterprise one can possibly enter into. do you understand that a reasonable lease agreement that has any chance of holding up in court is at min twenty pages with all the legally required addendums and disclosures.  do you have a solid handle on what those are today and what is coming down the pike next week/month/year?

    i am speaking as a long time mom and pop landlord here. today we would think long and hard about venturing into this business given the current political and legal climate. but we are in it so due diligence, a good landlord/tenant attorney, an EBRHA membership, continuing education and keeping g upto date on the legal dynamics is how we operate.

    a good place for you to start would be to join EBRHA (east bay rental housing association) here in oakland, stat.  

    i cannot stress this enough, do NOT go into this blind.  it is NOT intuitive.  it is NOT a friendly business like it once was.  you should NOT try to be old school and just go about it under the radar because your friend, neighbor, relative has been renting out a place for twenty years oblivious to current laws etc with no problems.  that ship has sailed.  the cost of getting things wrong is catastrophic and one really bad situation will drive many LL to simply close up shop and suffer financially and limp away with scars.

    having you act together is in your best interest but also very much in your tenants best interest.  clueless (but well intended) landlords are not good for residents either. i’m sure you’ll have folks saying jump in, the water is fine.  be cautious with that advice. best of luck~

    Welcome to the wild and wonderful world of Oakland rental property ownership/management!

    I highly recommend that you look into becoming a member of the East Bay Rental Housing Association, They offer workshops/seminars for folks who are just starting out, which cover all the ins and outs of property management (there are lots of rules to follow in Oakland) :). As a member you will also have access to their rental housing forms such as leases etc...They also offer tenant screening/ credit check services.

    Some quick answers to your questions based on my experience, I also have a live work property...

    Listing: Craig's List (has a category for live/work), Zillow

    Open House: I prefer to do tours one on one, it's more work, but I find it's more personal.

    Furnished/Unfurnished: I only rent unfurnished. 

    As a fellow landlord in West Oakland my best advice is to ALWAYS run a credit check on potential tenants and never rent to anyone with poor credit.  If this sounds harsh, remember that being a landlord is a business and not a charity. We do showings by appointment only and do not rent furnished.  You should have a rock solid rental agreement in place and collect first and last months rent and a security deposit before allowing move in after the check clears your bank. Verify that any commercial activity is legal and safe within the space you are renting out and that the tenant has all required permits and insurance.  You should understand exactly what type of work will be done in the unit. You don't want to find out from OPD that your tenant is using the unit for criminal activity or from OFD that it is something hazardous.  If alarms are going off in your head regarding a potential tenant, don't rent to them. No need to explain to the rejected applicant, the less said the better in this situation.  By following these guidelines and having a great onsite manager, we've got good tenants in our West Oakland rentals.  Good Luck.  

  • I'd love to hear experiences from people who have a relatively new-construction ADU (2018 or later, that is banned from 'short-term' rentals), as we are considering a detached (or attached) ADU on our large, primary residence. SFU lot (in addition to a small home addition). My understanding right now is that

    - we would not need to register as landlords (2021 update)

    - we would be exempt from rent control

    - we would not be required to provide an additional parking space

    My questions are

    - Berkeley ADU law says can't be rented out short-term. OK. But ADU 2021 Guidance says not for less than 30 days ("ADUs and JADUs shall not be utilized as
    commercial short-term rentals (i.e. rentals less than 30 consecutive days)", and short-term rental regulation talks about short-term rentals being less than 14 days ("If you rent your Dwelling Unit, authorized Accessory Dwelling Unit, or Accessory Building, for 13 days or less, you are considered a Short Term Rental and are required to register with the City based on Berkeley Municipal Code (BMC) Section 23C.22"). Which is currently being enforced? How are you implementing this? (We were told by an architect that we could, for example, rent through Airbnb as long as our rental was set to 14 days or more.)

    - What are the pros / cons of renting (for either >14 OR >30 days) your ADU? What is it like to be a Berkeley landlord of new-er construction? Do you use Airbnb? Other more or less traditional ways of connecting with renters? I'm familiar with Airbnb as I'm helping host a property for my mother (not in Berkeley), and I like the idea of renting through them. But am open to all the options...

    - We would likely need to use a HELOC to (help) fund the ADU construction. What are your experiences with ADU rentals and income covering costs. In other words, what are your net profits like? Ours would likely be a studio (or maybe one-bedroom) in South Berkeley. What should we expect or be wary of?

    - What do you wish you knew before you decided to build a new ADU? Would you do it again? Why or why not? Other thoughts?

    Thank you!

    Under Berkeley rent control laws you can't rent to anyone for under 14 days because that's a short-term rental. But as soon as someone living in your ADU (or even your own residence) has stayed past 14 consecutive days they have the rights of tenants. 

    There is no way to rent anything out in Berkeley for any number of days without either breaking the law or putting your property rights at risk. You can't even let a good friend or family member stay with you for a month rent-free without inadvertently turning yourself into a landlord who is now unable to move that person back out.

    This is how our rent control board has destroyed the city. Their efforts to "protect" housing for renters causes everyone to remove their units from the market leaving us each year with fewer available rentals.

    Hi, hope some of this will help.  You would be fully exempt from both rent control, and eviction protection, and do not need to register your unit with the Rent Board.  When we built our ADU in 2018, we had to sign a form saying we would never rent it via AirBnB or the like - I’m pretty sure this is still a requirement (though not 100% positive on that one.  I think only older ADU’s can be rented short-term, not newly constructed). I’d suggest including a washer/dryer, and a one bedroom rather than studio if space allows. Pre-COVID, renting in Berkeley was good (for those of us exempt from Rent Board regulations); it has become harder just like all of the Bay Area has.  Highly recommend joining BPOA - Berkeley Property Owners Association. Good luck to you. 

    What is it like to be a Berkeley landlord of new-er construction?  IT SUCKS!

    As you are figuring out, this is complicated.  According to the CoB web site:

    You cannot use a unit as a short-term rental if it:
      is an accessory dwelling unit that:
        was built after April 1, 2017

    Have you read about str on the CoB website?I don't think you can do it.

    City of Berkeley is cracking down on this. They are actively searching through AIRbnb's listing looking for non-permitted/non-registered units issuing fines.

    The political powers at the City right now are all about catering to the homeless and renters.  If you build an ADU they want to make sure it will be a long term rental for lower income/homeless.  Are you preparing for the new laws the city is about to pass which are NOT favorable for property owners?

    Read up on HELOCs, If interest rates increase you could lose your home.  Be very careful about the terms of the loan.

    AIRbnb is not as easy or trouble free as people say and think.  Yes you have the potential to make more money, but it also takes a lot more of your time to manage.  Depending on time of year and location, you might have long periods where you might not have guests.  For Berkeley budget/expect a 50% vacancy rate.

    Something else you need to consider is rents in Berkeley are 20-25% below pre-COVID rates.  If you rent now the Rent Control Board limit's the amount you can raise the rent every year.  If rents recover it will take you 25-30 years just to get to pre-covid rental prices.  Berkeley Rent Control laws are why people in Berkeley have a 2 bdrm apt for $750 per month.

    With COVID everything is out of wack.  No one knows if things will get back to normal or if one of the new variants are going to shut things down again.

    Best of luck

  • I rent a non-conforming basement unit in my single family home in Oakland to a tenant.  Tenant is fine, but some aspects of my work and family situation have changed and I would like to stop renting the unit and use the space as part of the SFH. Have you done this? Do you have attorney recommendations?  Personal stories to share?  (I know owner move-in evictions aren't happening now -- this is something I'm considering for after the local emergency ends.)

    Are you sure that as an owner occupied unit you are actually covered by Rent Control in Oakland?  If you are exempt, I believe you can end someone’s tenancy once the pandemic restrictions are lifted.  Exempt units in Oakland include:

    • A unit in a property that has been divided into a maximum of three units, one of which is occupied by an owner of record as his or her primary residence. The owner-occupant must live there for at least two years before filing for an exemption.

    We are in a similar situation (Oakland, ADU, but conforming). We talked to an attorney and he advised no eviction whatsoever now due to the local emergency. He also advised to make sure the unit is up to code, then apply for an ADU zoning, and then raising the rent because ADUs are (currently) not rent-controlled. We have not followed through his advice yet, so this information is only second-hand.

    My understanding is that because this is a non-conforming unit that what you actually have a housemate situation. It's as though you're renting out a room. Housemate situations are one where the main owner has a lot of discretion and can terminate the lease whenever they want, for whatever reason.

  • Berkeley landlords what are you doing now with your vacant units?  Are you leaving them vacant for the summer? Renting at below market value?  Or converting to AIRBNB?  We have a sudden vacancy and are finding Berkeley Rent Control laws have made it extremely unfavorable to rent right now.  With rents in Berkeley about 20-25% below pre-COVID prices if we were to rent now once prices rebound, we will not be able to get fair market rent until the person moves.  (We have one tenant who’s been paying $500 per month below market value of 8 years.)  We don’t want to do that again.  We are hearing many landlords are leaving units vacant so as not to be trapped in low rents.  Or they are AIRBNBing.

    Just wondering what other landlords in this situation are doing?  Thanks

    Here's a way to ride it out. Do some networking with contractors who have clients who are doing major home remodels. Those are the families that are wanting a 5-9 month rental. They are out there!

    Feel your pain as a fellow owner with a twenty-five year tenant for whom I pay all gas, electricity, water and garbage. And she plants thirsty roses. Please join one of the owners groups. I joined East Bay Rental Housing Association last year, and found the round tables, seminars, and Q & As quite helpful. You may want to take a chance on a summer session rental. Try to find a tenant whom you can be sure will move out in a few months. But of course no guarantees.

    It's funny that you posed this question as we were just having this discussion in my house last night about what to do with the vacant unit in our house.  The unit has been vacant for about a year now after our long-term tenant moved from California mid-pandemic.  Initially we thought we would look for a new tenant later in the summer and closer to the re-opening of Cal, but have re-thought that strategy in light of the Rent Control laws.  We've since decided to permanently take the unit off the market and will either look to short-term rentals or converting the space to a home office.  The more we became aware of the pretty draconian Berkeley Rent Control laws the more we realized that by renting our unit out we are putting ourselves in a situation that may prove to be too risky for us to justify.  I hear what you're saying about being trapped to rents that may be way below market-rate in the near-term, and understand that concern too, but for us it's really more of the risks associated with having no rights in the tenant-landlord relationship and the legal risks associated with renting the unit.  Whatever you decide to do, I would encourage you to understand the way the wind is blowing with the Rent Control Board and protect yourself!

  • Bought a home, squatter help

    (17 replies)

    My husband and I just bought a home in Berkeley. The seller's stepdaughter (probably in her 50's) has lived in the home for years and is refusing to move out. She does not have a lease or estoppel or any other type of written document and does not pay any rent or utilities. She was offered a buyout a few times (other potential buyers) when the home was on the market, accepted the offer, and then refused to leave when the time came to exit the property. The seller and stepdaughter have an estranged relationship. Given this information, we are struggling with next steps.

    • Should we hire an attorney to advise us? Any recommendations on attorneys who can help us navigate this?
    • Should we attempt to talk to her first before even talking to an attorney?
    • Is she legally even considered a tenant? Is she a squatter?
    • Has anyone been through a similar situation and can offer some advice/insight?
    • The seller is asking that we transfer all utilities under our name. We would like to shut off all utilities because we are not planning on moving in immediately. We are planning a large renovation and in the process of getting contractors/architects to come out to the property. I'm not even sure if this is possible if she is still living there. 

    Thank you!

    RE: Bought a home, squatter help ()

    Uh.... don't close escrow until the premises are vacant, locks changed with evidence of that provided by the seller!

    RE: Bought a home, squatter help ()

    We are going through this right now with two of our homes (and no, we are not career landlords - we have just moved a lot and didn't have time or energy to sell homes). 

    If at all possible, don't close until all tenants have left. We just moved to a new area where there are many new people buying up homes and probably half of them are facing a similar situation. For some buyers, with the timing of the pandemic and relief, it can turn ugly.

    First off, you're probably going to need to get a lawyer involved. My sister is a real estate agent and attorney; she couldn't even help us. We had to suck it up and pay $7-$10K to get an attorney, for each respective house/situation (two different states). Keep in mind right now through June 30 ( I don't believe it's been extended as of yet), there's a moratorium in place where renters do not have to leave (or pay rent) until then. In the event that the moratorium doesn't  get extended, you're still going to have a legal issue on your hands. Why? Because it's very pro-tenant rights at this time. Be prepared for this and a 6 to 12 month battle to get the tenant out. I am all about tenant's rights, and I know many have come upon hard times. The problem is, there's many tenants taking advantage of the situation (one of ours just paid cash for their Tesla but they somehow can't come up with any rent money to pay us since last April).

    The common suggestion we received is to cut off the electricity. It seems like your situation could have a good argument for this. As in you don't need to move in right away and you're doing renovations. But be careful. We know a lot of friends/colleagues who have recently gone down this road and it usually ends up in court and the tenant wins. I AM NOT GIVING LEGAL ADVICE; I am just letting you know that you're not the only one going through this (it can seem very lonely and frustrating) and that at this time, cross every "T" and dot every "i." Be ready for 6-12 months of frustration. I would say don't do this alone because again, it might end up in court. Change the locks in the meantime. It won't solve the problem but it can help. 

    RE: Bought a home, squatter help ()

    You definitely need a lawyer.  Your agent/broker should be helping you on this. 

  • My family and I have decided to move to Europe where my wife's family is from and we're looking to rent our unfurnished single family 3/2 home in Oakland (Dimond District). Because we won't be local we have decided to go with a property management company to manage the day-to-day things that might pop up. We're hoping to tap into the collective knowledge of the BPN! If you currently rent your home do you have any words of advice for us? Particularly things that you wish you would have known before you started becoming a landlord? Do you have a property management company that you love and would recommend? I'm a little put off by all the fees that we see from the property management companies and also am nervous about the potential lag time between tenants when we would be on the hook for the mortgage. We obviously would like to maximize how much rent we can collect while at the same time finding a long term tenant who would take care of the house. I appreciate any and all advice!

    We have two houses we inherited from grandparents and now rent. Since you are moving to Europe, I would recommend you use a property management company as you will need someone local to deal with any issues that come up with your rental. If you have a yard, I would recommend that you charge a little more rent and hire a gardener to come every other week or at least once a month. Also, the first year you are with the property management company, you should be in contact  with them frequently to make sure everything is set up properly. If you have a long term tenant, I would recommend that you have the property management company do a walk through every few years and take some pictures to send to you so you know what kind of updates are needed to the house. Put a small amount of money aside each month for updates. Also, if you know a good handyperson and you have a larger project, it's cheaper if you send in your own person rather than using the property management company, but the property management company is great for emergencies. 

    We currently use The Cal Agents as our property management company and have been happy with them. We had a horrible experience with the company we used prior. I have found The Cal Agents to be very receptive to my e-mails (our previous property management company often didn't respond to my messages).  They also did a great job finding new tenants. We had a tenant who was going through some hard times due to Covid and vacated unexpectedly The Cal Agents worked hard to find us a new tenant, with excellent references in three weeks. 

    Property Management Services - The Cal Agents Real Estate

    We used ZipRent to rent out our house 2 years ago. They took photos, listed the property and advised us on pricing. We had to do the showings ourselves but they did the credit checks on applicants. Overall, they have been very responsive and we have been quite satisfied with the services they have provided at an affordable cost.

  • Becoming landlords: BPOA? EBRHA? Both?

    (2 replies)


    We are building an addition to our home on Berkeley, with the intention of renting it before our son moves back to Berkeley and will live there.  We have heard that renting in Berkeley can be a headache, and two different organizations have been recommended for help and advice: Berkeley Property Owners Association (BPOA), and East Bay Rental Housing Association (EBRHA).  If you’re a member, or considered membership, in either or both which did you decide on and why?  We’re new enough at this that it’s not clear whether one is “better” than the other, or whether they offer different things and we should just do both. Any thoughts about the organizations or their comparison?  Thanks.

    I joined BPOA last year when I was in a similar situation. I joined mainly for their forms database. As I've learned more about BPOA, I've decided not to renew. It's dominated by the larger landlords and they push ideas and policies that I disagree with (e.g., fighting attempts to fund our schools, not supporting housing growth sufficiently, etc.).

    They do have meetings that a new landlord might find helpful, but I bet EBRHA has the same. I don't actually know much about EBRHA, so can't really compare the two.

    yes, you are wise to educate yourself as cities and the state have made it more and more difficult to be a property manager and invite tenants into your home. You should be aware that once you have tenants there are certain rights that you essentially give up as a single-family home owner. I have found that the classes and online forms for standard leases and guidance are excellent at East Bay rental housing association.

  • Hello! I plan to start renting out a vacant in-law unit in Oakland. My husband and I are first-time landlord and we are intimidated by the process. We live in the main unit with a baby, so we want to be selective with our tennants. We are seeking recommendations for:

    1. Any legal service that helps us navigate the Oakland's rental regulations and proof-read our draft lease;

    2. Property management service that charges a one-time fee setting up the rental, doing the screening, and showing the in-law unit. 

    3. Alternatively, if you are a landlord in a similar situation, could you share your experiences going through this process? I would be happy to talk over phone or buy you a coffee for your two cents.

    Thank you in advance for offering your advice!

    I recommend East Bay Rental Housing Association. We use their leases and their tenant screening service. We do our own marketing (post on Craigslist), showings, and maintenance.

    There are property management companies out there, we just prefer to minimize costs. 

    Good luck to you.

    Before hiring anyone to help and DEFINITELY before renting, visit the Oakland Rent Board and make sure you understand their regulations frontwards and backwards.  If Oakland is anything like Berkeley, you don’t want to go into it without very firm knowledge of your responsibilities and the tenant rights in your city (and State; some of those will apply too).  Good luck.

    A few years ago I began renting my condo in Berkeley.  I was relieved to be referred to the East Bay Rental Housing Association.  There you will find people who can answer your questions, and all the forms you will ever need to do a lease, specific to each county and city.  They update the forms regularly, and update their members with changes in laws.  There is an annual membership fee, around $250, and it is well worth it to have this service. Good luck!

  • I'm helping make a decision whether the risks and costs associated with becoming a landlord in Berkeley are worth it as opposed to leaving a house empty for a year.  The place will only be empty for a year and the owners will absolutely need to move back then.  I heard scary horror stories about people's experiences being landlords in Berkeley and that getting tenants out after a lease is often tough and very expensive if they don't want to move at end of lease and that evictions take forever etc.  Many recommended avoiding becoming landlords at all costs!  It seems like a waste (and expensive, due to lost rental income) to just leave the place empty for a year, but if the horror stories are true it seems that any income will potentially be eaten up by damage and attorney fees and costs to rent alternative housing while dealing with evictions, etc.  Anyone who was away from home for about a year or slightly more made the decision to not rent out the home and instead leave it vacant to avoid these issues?    

    I had a similar situation in San Francisco. I chose to do short term rentals. Although in retrospect I think that I’d try to find slightly longer term renters such as a professor coming for a sabbatical, short term corporate housing, or a family doing a house remodel. I’d probably leave a buffer of 1-2 months between the last renter’s last day and your return day. 

    hey there --

    we didn't know this at the time (only found out after our former tenants sued us for evicting them to return back to our house as owner-move-in, and had to talk to a lawyer, etc.) -- but there is a clause in leases that specifically states that owners have previously occupied home and will have right of return. I don't remember the exact language. Ironically, we had asked the property manager if we should disclose that we might (it was uncertain) return to our home, and she advised us against it as she thought would impede rental. But, if you find a short term tenant (some people are looking for low commitment leases) -- you could have this explicit in your lease. Leaving a house empty sounds unfortunate and risky. Sorry don't know how that clause/option is worded, but sure that you can google/do some research to clarify.

    I also want to know the answers.

    Two ideas: rent to a family who is renovating their own home. They'll be ready to move out when their home is ready. Rent to university-associated people who will only be in town for one year.

  • Hi, 

    We are first-time landlords (rented our backyard cottage after building one), and are seeking recommendations for a smart, knowledgeable, experienced and hopefully fast person to help with our taxes in this new chapter of our lives. We’re retired, so no “big deal” financial issues or amounts, but are completely inexperienced at what can & can’t be deducted re: costs to build, maintain, etc.; very small landlords!  (The readings we’ve done left us with almost more questions than answers). If you’ve used such a person for your taxes now that you’re a landlord, would you recommend them?  What was their charge?  Thanks for your recommendations.

    I rent rooms in my home and I rent a vacation home that I built.  I have used private tax preparers and those at HR Block.  Currently I am using the senior preparers at HR Block Temescal and I find them all exceeding knowledgeable and competent--many had careers in finance or accounting and later learned tax law.  You bring in your records and they will talk you through it and prepare your taxes.  If you want to talk to me offline ask the moderator for my contact information.  Best, Small time landlord.

  • Property manager for novice landlords

    (2 replies)

    Recently my husband and I ended up as co-owners of a 3BR 2.5BA townhouse in Hercules, after buying out his former co-owner.  We’ve never been in the position of landlord before, and we’ll need to rent this place out (it’s currently vacant) in order to afford to keep it.  The rental market is so complex and our investment in this property is significant, so it just seems like a reliable and trustworthy property manager would be well worth the cost.  Any recommendations would be much appreciated.  

    A property manager will cost you up to 20% of your monthly rent - if that's a number you can do, super! If not, it's not brain surgery to be a landlord - I highly recommend the Nolo books on Tenant/Landlord agreements for all the current information and of course research your city's rental code. Good luck!

    I would highly recommend Frank Hennefer. He just helped us rent our place. He does the background checks, sets up the viewings, and is also a property manager. He is very knowledgeable and an all around nice guy. You can contact him at (510) 485-7235 and fhennefer [at]

  • Hello, 

    Wondering if anyone has a template for a landlord leasing a single family home in Berkeley that you would be open to sharing? 

    Thank you!


    The voters of Berkeley passed the Rent Stabilization Act in the late nineteen-seventies, and although rental price controls do not apply to single family homes generally, the eviction for good cause provision does apply, even to single family homes. Please do not use a template or canned form for this serious undertaking. When you rent out property you are essentially giving the tenant a loan of the fair market value of your home. Please consult a landlord/owners attorney who is familiar with Berkeley Property, or talk to Michael St. John, a consultant for landloards/property owners. The website for the Berkeley Property owners Association may be useful. I am an attorney and a property owner. Trust me.

    Join AOA or another rental-focused group.  I believe the membership fee is around $80/year.  Monthly magazine, legal advice, a credit-checking tool, and all the forms you need for CA rentals.  That way you get current, legally vetted forms that are custom-made for each city's rent control laws, instead of possibly questionable hand-me-downs, or generic CA rental forms.  And the membership fee is an allowable expense.

  • Interested in others' recent experience with working with a realtor or broker to buy a small (2-4 unit, less than $1.5 million) apartment complex in the East Bay. How much work is it once fully leased up? How hot is that market right now? We'd be looking in Albany north, maybe as far as central Contra Costa County, but not as owner-occupants (at least not in the near future). Any buyers' realtor recommendations for this niche? Thanks!

    Sorry, I don't have any answers for you, but you may want to checkout There's lots of expertise there and maybe some folks from the Bay Area can chime in. I don't have any relationship with that website, just looked around and found it to be helpful when exploring this possibility for myself. I think it's pretty legit and well regarded for real estate investors.

Parent Reviews

Before you rent out your home, you should really do your research. Depending on the laws in Berkeley, you may have to pay your renters relocation fee to reclaim your home. In Richmond and San Francisco, these can be into the 5 digits and it may take many months or even a full year to do an "owner move-in eviction"  It is much more difficult to relocate someone who is elderly or disabled - more time and more money. Right now, Berkeley is rent controlled. While rent control itself, does not apply to single family homes, eviction laws do.  It is not enough to have a lease and then simply not renew it. Find out exactly how and under what circumstances you will be able to legally ask your renters to leave.

Also the state law that exempts single family homes from rent control will likely be challenged in the fall election in a measure being touted as "state wide rent control" - totally inaccurate BTW.  However, exemptions (like single family homes) in rent controlled areas (like Berkeley) are definitely at risk of coming under these incredibly punitive laws.

Additionally, since rent control involves an expensive bureaucracy, the Berkeley Rent Program will charge you for renting. I don't know how they do it in Berkeley but in Richmond we pay an inspection fee, a rent program fee, a business license fee all are annual. The Berkeley Rent program is one place for answers, Berkeley Property Owners Association is another. 

Good luck

Archived Q&A and Reviews


Making in-law a legal rental unit

Nov 2013

We just bought a home in Berkeley with an in-law unit. I am wondering if anyone has experience going through the City of Berkeley to get an in-law made into a legal permitted rental unit and if you'd be willing to share your experience and any advice? Thanks! Wondering about making our in-law unit a legal rental unit

Hi, I'm pretty sure that if you are living in the house, the rental unit does not come under the Rent Board. It's the same, I think, as if you are living in your home and renting out a room. Good luck. Owner-occupied doesn't count?

I believe the previous answer to your question is incorrect. If the dwelling is in Berkeley, your in-law unit would be subject to rent control, including 'just cause for eviction' regulations, paying interest on your tenant's deposit annually, etc. I did not see the original question, but if this unit has a separate entrance and there is no co-mingling of the interior with your part of the house (sharing a bathroom or a kitchen, for example), then it is not like renting a room in your house. There are a few quirky exemptions from rent control: one is if you are making a previously uninhabitable space into a rental unit (such as converting a garage or an attic into an apartment), another is the so-called 'golden duplex' rule. A golden duplex in Berkeley is when the owner of a two-unit property has lived in one unit as a principal residence and it has been owner-occupied since 12/31/1979 (it need not be the same owner), then the other unit is exempt from rent control. Single family dwellings are also exempt from rent control (but still subject to interest on deposits and just cause for eviction regulations), unless it has 4 or more bedrooms and each bedroom is rented out under separate contracts, like a rooming house. I find the Berkeley Rent Board website to be very helpful, especially their FAQ section: Becky

I didn't see the original post, only the one reply which said that rent control may not apply. I would be VERY cautious about this. Again, not seeing the post, I don't know where the home is, but Oakland, Berkeley, and San Francisco have very strict tenant friendly laws. I know in SF if the unit has a separate entrance, even if it is in your home, it is considered a rental unit subject to SF rent control ordinance. You should definitely check with a seasoned landlord-tenant attorney OR scour the applicable local ordinance thoroughly before making any kind of conversion or taking ANY money or other kind of consideration for renting out the unit. Once you have done so, you are subject to laws regarding rent control, eviction, health and safety etc, regardless of whatever kind of agreement (written or otherwise)you have with the tenant. It can be very expensive and frustrating trying to evict a tenant for anything other than non-payment of rent, and landlords have very strict standards of habitability with which they must comply. I'd be cautious.

About MAYBE renting-out a large home in Berkeley?

March 2013

We own a unique property near the University of California that we might / maybe / if-we-feel-secure-about-it rent, but we can't figure-out how to avoid get entangled in Berkeley's punitive 'rent control.' And we will not be willing to rent to a student-type group to avoid possibility of an 'animal-house' developing. Our property is a large 100%-new building (structure meets-or-exceeds current seismic requirements). There are large, well-appointed public spaces (living room, dining room, kitchen, ... ), nice gardens, and several bedrooms; each bedroom has a bath. We're trying to think of a way to rent our very nice property, rather than just leaving it empty (locked-up tight, with alarms), that will not turn into a dreadfully stressful situation! So, because we're stumped, we're hoping someone has suggestions ...

You have options! Some ideas:

- Rent rooms via AirBnB or Vacation Rentals by Owner. I know three people in Berkeley who do this quite profitably. This is running a business and might be more maintenance than you want but if you put some systems into place, it should run smoothly. You could have someone live there and run the business for you. I can recommend a couple reliable, trustworthy and enthusiastic people.

- Contact a few organizations and schools in our area that have regular coferences and meetings to be one of the 'go to' accommodations. I can suggest a couple.

- Rent it the traditional way. I don't think your single family home rental falls under the rent control laws. (I will have to confirm.) Landlording also is a business and requires some work but if you choose your tenants carefully, it should go well.

I am a Realtor, my partner is a Realtor, and we have property management experience.

Dear Stumped, As a Realtor with 25 years experience in Berkeley, I can tell you that no matter what anyone says, there is no safe way around Berkeley Rent Control. If you rent out your home and avoid registering it with the rent board, you will end up in even more hot water. I have no affiliation with the rent board -- I am speaking strictly from my experience in representing the Sellers of homes that have been rented. However, I can also tell you that I have seen many, many Berkeley home owners rent their homes with very good results. There are a lot of wonderful people out there looking to lease homes, and if you are careful in your selection, it can work out well all around. Consider posting it with the Cal housing office -- their listings are only accessed by affiliates or alumnae, not by the general public. You might also consider renting to shorter-term VRBO visitors. If you call the rent board and ask to speak with a counselor, they are very personable and will help explain your options. Ask about the sabbatical exemption. Finally, if you have not been there yet, the City has great info about their rent control policies here: Best of luck! Holly

We are in a similar situation renting our home. I had a lot of concerns and anxieties. I can recommend David Eckert at Coldwell Banker. He is honest, patient and will get the right renter for you. 510-339-4720 david [at] license #r01239021 Apprehensive Homeowner

Contact a property management company and ask these questions. Our landlord has managed to be selective and explicitly avoid rent control by using one. Doesn't feel great as a renter to not have any rent control. But she is very fair and has been able to keep long term non 'animal house' tenants in her properties. (all nice North Berkeley homes). Good luck. I'm sure there is a family who would be thrilled to find a nice home to rent. Renter without rent control

Try to find really nice tenants. You won't regret it suzymc

Berkeley Rent Control does not apply to single family homes. From their website:

Single-family homes rented after 1/1/96 are exempt from rent control; therefore, the landlord may increase your rent once your lease expires. However, if the rent increase is more than 10%, CA Civil Code section 827 requires that he give you a 60-day notice before the increase can go into effect (30 days' notice is required for increases of 10% or less).

Eviction controls do apply; you cannot evict without good cause. However, with 60 days notice you can raise the rent to exorbitant levels, thus forcing the tenants out.

As far as getting good tenants, I would recommend a couple of things. Make sure the home is in tip top shape. Clean up. Put all your personal stuff in storage. Make repairs. Paint and spruce up anything that needs it. Have someone with a critical eye and disposition come in and make suggestions. You may have to hire someone, friends and family to not like to be so negative.

Then, if you set the rent a bit low, you will have many people applying and you can choose who you like. In order to figure out the rent, looks at ads on craigslist for your area (within just a few blocks if possible). It is even better if you can actually go look at the places to rent and compare them to yours. Premium Properties may be able to help. I used them years ago.

Good luck! Make sure that you do a credit check and get a good lease. Anon

It's very possible your house will not be covered by rent control. Post-1980 construction (if it didn't replace existing residential housing) is exempt. Single-family homes with new tenants are mostly exempt. The only way to find out for sure is to contact the Rent Board. I have friends who work there. You might be surprised at the level and quality of service.

Whether or not you're exempt from rent control, you will want to protect yourself (your property) with careful tenant screening, a good lease and on-the- ball management. Anon

I am not sure that you thought carefully about the question or the audience before you posted your question. I am also surprised that this listserve even let you post the question and would consider posting answers. Perhaps you don't live in Berkeley which is why I want to give you the benefit of the doubt. What it looks like to me is that you are asking for advise about how to circumvent a municipal Law, which constitutes a crime. I am sorry that you find Berkeley's rent control laws so onerous. If you don't like the law either work to refine it or consider owning property elsewhere. annonymous

I conducted research into legal cases arising out of the Berkeley Rent Control Law many years ago. I am not up-to-date now, but suggest looking on the website of the Berkeley Property Owners Association and/or contacting Michael St. John (an economist who studies that law extensively) Not to scare you, but there were cases in the nineties where owners rented out their home to go on sabbatical, and the 'just cause for eviction' law did not permit them to return without a legal fight. Lynn

UC Berkeley has a rental listing service for faculty, staff, and visiting scholars (e.g., on sabbatical) only. You might consider listing it there. Katy

You can also try listing at (different from I'm no expert, but I believe rules may be different if the property is actually your primary residence, which you will be moving back into, as opposed to being held as a rental property. going on sabbatical

I would like to respond to annonymous, who said:

What it looks like to me is that you are asking for advise about how to circumvent a municipal Law, which constitutes a crime. I am sorry that you find Berkeley's rent control laws so onerous. If you don't like the law either work to refine it or consider owning property elsewhere. annonymous

'Circumventing' a law is not necessarily a crime. Most laws are extremely complicated and there are often ways around them. For instance, what if I wanted to teach my ten year-old to drive? I cannot do that legally on city streets, but I can do that legally on private property. So while circumventing the law, I am doing nothing illegal.

And in regards to the law being onerous. It is indeed onerous. For instance, it is very difficult to get rid of criminals due to rent control. Somehow, current tenants are more important than anybody else. They are protected no matter what they do. Both neighbors and landlords have their hands tied.

The law also favors sitting tenants. Many people could benefit from low-cost housing, but those who have it are somehow more important than those who don't. This makes no sense to me.

And last, why is the landlord's responsibility to subsidize tenants no matter how rich or poor they may be? Grocery stores are not required to provide food for the hungry. Why should property owners be required to provide housing for the rich?

If the people of Berkeley feel the need to help poor people with housing, then it seems to me that everyone should be taxed and tenants should have to document a lack of funds. The system we have now is nuts, and there is little anyone can do to fix it. People have tried over and over.

Some of the hardest hit people are students. While long-term tenants commute to San Jose or use their apartment for a pied-a-terre after they have moved away, students have a difficult time finding reasonably priced housing near campus. And since a vacant apartment rents at market rate, students pay full price.

In short, I think rent control causes more problems than it solves. Perhaps you love the protection it provides for you. But I wonder why you deserve it more than someone else. Anon

Short term rentals of our duplex in Berkeley

Oct 2012

Hello, My wife and I will soon have a vacant lower unit in a 2-unit house that we would like to rent out. We will be living in the upper unit. We are interested in doing some sort of short term rental arrangement for a variety of reasons. Most importantly being that our plan is to some day convert the home into a single-family and we don't want to have to deal with getting long term tenants out when we want to do this. I've seen many listing online for short term rentals in Berkeley. I'm wondering if anyone has any experience doing this, and the easiest way to manage such a unit. I'm curious to know if such units are governed by the Berkeley Rent Board in any way. Any advice or insight is greatly appreciated. anon

Disclaimer: I am not an attorney! However, I have had a lot of experience with the Berkeley rental market, I have held workshops with speakers from the Rent Board & I do my best to stay on top of Berkeley-only regulations when it comes to rentals. That being said, the answer to your question about whether your duplex unit is exempt from rent control is a big 'maybe'. Only certain 'golden' duplexes are exempt, and the rule is too lengthy to go into here. Check the FAQs on exemptions on the Rent Board website, and scroll about half- way down the page for your answer: AQs_Exemptions.aspx

Since you have been renting out the downstairs for some time already, I assume you are aware that the rent you collect is income and therefore taxable to you, but you get certain deductions because a rental is treated differently from your own home. (It's surprising how many people who rent to tenants are unaware of this.) And, whether or not the unit is exempt from basic Rent Control, I am fairly certain that you are still subject to the 'just cause for eviction' regulation and you still must pay your tenant annual interest on the deposit monies you are holding. Becky

For whatever it's worth . . . in the last 2 years, my wife and I have used six times as short-term renters . . . everything from one night in New York to two months in Portland, and we have been very satisfied each time . . . as renters. If we had a unit to rent (and we will next June), we would seriously consider either them, or their well-reviewed competitor, (vacation rental by owner). (I just checked, and there were 178 listings on airbnb in and around Berkeley, ranging from $30 a day to $700 a day.) John

I rent out a couple of furnished spaces in my house on a short term basis and have had the best luck in doing so using They coordinate the bookings and handle the money, which makes it all very easy, and I've had wonderful guests from all over the world. I provide everything the guest needs, including linens, but providing breakfast is not required. Cece

you might want to consider a rental to a visiting prof. at UC Berkeley. I think they have housing lists only open to visiting faculty here on sabbatical. that would be a potentially easy way to limit a renter's stay. You can track down the housing office for faculty on line. anonymous

Renting to tenant who is undocumented

April 2012

What are the legal ramifications, both theoretically and practically, of renting to a tenant who is undocumented? We are renting our downstairs granny flat in El Cerrito to our ex-nanny who is undocumented, and who has a 10 yr daughter who lives with her every other week and who is a US citizen. She pays her rent partly by babysitting, and partly monetarily. Should we reconsider? Realistically, how likely are we to get into trouble, if at all? renter

I'm not a lawyer, but I am very familiar with immigration issues and immigration law. In California, renting to an undocumented person carries no liabilities or legal ramifications for the landlord. Things are a bit different in the case of employers. You don't ask about this, but here you actually could ''get in trouble.'' Under federal law, employers break the law by ''knowingly'' hiring an undocumented worker. So, you could face legal issues to the extent that you are 'employing' your tenant when you have them babysit, even if you are 'paying' with reduced rent.

In reality, however, the chances of anyone going after you for knowingly hiring an undocumented migrant are miniscule. The federal government has very few workplace inspectors (relative to border control agents) and the inspectors go after large employers, not individuals who hire nannies, landscapers or day laborers.

If you are very concerned about this, your tenant could set up a legal entity (incorporate or establish a limited liability company) and you could contract for services through the company. This is a legal slight-of-hand to get around hiring an ''employee.'' But that seems like legal and bureaucratic overkill for your situation. immigration researcher

You ask about the legal ramifications of renting to your ex- nanny, who is undocumented, who pays you partly in cash, and partly through babysitting. This response is not legal advice but an overview of the legal landscape. As you may know, various cities (Escondido, Farmers Branch TX, Hazleton PA,) and states (Alabama, South Carolina) have tried to prohibit landlords from renting to undocumented immigrants as part of a strategy referred to as ''attrition through self-deportation,'' namely making life so difficult that people who are undocumented will leave. None of the city- created provisions have been allowed to stand and both of the state provisions are currently enjoined from being enforced. There are thus no legal ramifications of renting to someone who is undocumented - and, in fact, there are potential issues for landlords who in seeking to avoid undocumented tenants may be engaging in prohibited discrimination on the basis of race, etc. On the other hand, there *can* be, in theory, ramifications to employing someone who is undocumented because of the 1986 law Congress created called employer sanctions, although the practical likelihood of an individual getting in legal trouble for hiring a babysitter would be nil. The only issue is if a person plans to someday run for public office or is selected for some high government post (think Zoe Baird, Kimba Wood, Tim Geithner) and if accepting babysitting in exchange for rent is construed as employment (I note she is also described as your ''ex-nanny'' so you were also in a more clear employer/employee relationship with her in the past). Of course, Tim Geithner still got confirmed. Note also that if, like me, you understand the condition of being undocumented as not an individual moral failing but a symptom of a broken system, as well as a status that can be made and unmade by shifting legal regimes, you will respond with compassion. For many people who are currently undocumented it is impossible to do anything about their status, despite the claim that they should ''get in line'' with everyone else. They are here, often in mixed status families with U.S. citizen members, like your nanny, and in my book, we accept people who are undocumented as part of our community, push for future legalization programs, and in the interim, allow them to live with the kinds of rights and protections we would want to give to fellow human beings. immprof

We are landlords and as far as I know there is no requirement or even paperwork that is gathered that require citizenship or proof of legal residencey. Some landlords do a credit check or proof of income which implies these things but again that is not a legal requirement, just a choice. You can rent to whomever you want as long as you don't discriminate in selection. Anon

Landlord facing mold issues

Nov 2011

any advice or referrals for an experienced, landlord attorney? I have always been a responsible berkeley landlord caring for my home and the people living in it. Now dealing with tenant not paying rent due to mold? I have happily rented to this tenant for almost 3 years, have always agreeably adddressed the 2-3 issues that have come up during this time and now very stressed by unreasonable behavior. sincere

Habitability questions related to mold are difficult to quantify and even harder to prove and/or disprove. Join Berkeley Property Owners Association bpoa [at] because there is a lot of good advice available from other property owners about mold and other issues. Property owner

Tips on being a Landlord in Oakland

Sept 2010

We are planning to rent out our 2 bedroom house in Oakland at the end of the year and could really use some advise. We would like to rent it out ourselves to save some money. But if you think there is a compelling reason to get the help of a rental agency/property management co., please do let me know! These are just some of the questions that I can think of. I am sure there are more in the days to come: Are there certain must-dos we should be aware of? Where do you find the most comprehensive lease forms? Any pitfalls we should be aware of? Do you do credit checks? How? Any book/website recommendations? Where do you post your ad that yields high traffic? Craigslist? How did you determine your rent? thank you!

There are many, many ways to get yourself into trouble as a landlord in Oakland. You will be liable for any (made- up) violations of rental protocol, even if you didn't know about them. Part of your decision on whether to do it yourself or go w/rental agency is how much time & energy you are willing to commit to being a landlord--it takes a lot more than you probably realize.

As the owner of a owner-occupied duplex, if you are going to do it all yourself, I highly recommend joining RHANAC, which is the landlord association for Oakland & surrounding areas. They have the best leases & also can help with screening & alert you to the bevy of legal issues about being a landlord.

Or, if you don't want to be as directly involved with the headaches, go w/a leasing company! This is what I would recommend in your case, since you have only one property & the amount of time you will likely spend on reviewing laws, listing the rental, taking calls, prepping leases, fixing problems, etc. outweighs the payback of doing it yourself. once bitten twice shy

A lot depends on how much you can tolerate certain risk factors that may or may not arise. Can you easily fix things when they break, respond to tenant complaints, and handle problems such as late payments or non-payment of rent? What if one of the neighbors complains about excessive noise or the yard not being kept up? To me, a property manager's fee is well worth the peace of mind: the tenant selection, the assurance that rent is collected on time and any problems or repairs will be taken care of promptly. Plus, all your expenses pertaining to the rental are tax deductible, so while it is true you will get a bit more rent if you do everything yourself, it is really nice to have those polished property management records to turn over to your accountant come tax time!

The City of Oakland does have rent control and also eviction controls, but I forget whether they apply to single family dwellings. You can check with the City's website.

It wouldn't hurt to talk to two or three property management companies and see what they would do for you and how much they charge.

If you're convinced you can do it yourself, Nolo Press has books that can help: Becky

Maybe a property owners association would be helpful:

aoausa does credit checks:

Craigslist is good for listings. Be sure to include photos. You can also use UC Berkeley.

Determine rent level by visiting rentals in the area to see what they are asking and what they are renting for. Compare square footage, number of bedrooms and bathrooms, amenities such as fireplaces and outdoor space, etc.

You can probably do a better job than a rental agency, because you care more about your property. anon

We rented our studio cottage in lower Rockridge for 6 years or so...

I would say definitely craiglist is what worked best for us. We tried the UCB services but the response rate was a lot more slow than craiglist and the UCB students also responded to craiglist, so we ended up not doing UCB anymore.

To us there was no need to rent an agency but we did consult once in a while with friends who were real state agents, tax attorneys, etc.


Where do you find the most comprehensive lease forms? WE JUST FOUND SOME FORM ONLINE AND THEN ADDED INFO AS NEEDED.




Where do you post your ad that yields high traffic? Craigslist? YES



absolutely under no circumstances rent to anyone without doing a credit check on the applicant yourself. do not accept a printed credit check from the applicant, run it yourself. the nicest people can have a long history of not paying everyone with whom they have ever done business. decide if you are in the rental business or social services and rent your property accordingly. Some tenants have no problem with lying, expect that they are entitled to never pay rent and then filing housing discrimination claims against the landlord for invented discrimination. oh, and on this last point, the default assumption is that you the landlord are at fault, regardless of what proof you have that you didn't know about whatever supposed discrimination the tenant claims. after two tenants from hell that have so far cost me well over $20K, i now run credit checks religiously and do not consider anyone with a history of defaults. check on line to find out how to run a credit check. check references too, but don't let a reference override a bad credit report. you don't really know who is giving the reference. do not allow any tenant to fall behind on rent, begin eviction proceedings with a lawyer promptly. our experience is they begin to feel entitled to pay less than agreed upon rent or to not pay at all. we list our rentals on craigslist. get a lawyer who specializes in this area to review your rental agreements. been burned, i'm a harda$$ landlord now. there are plenty of great tenants out there who will pay rent on time, will not trash your rental, and have a decent credit report. tired of tenants from hell, not doing social work

Notifying other applicants after you've chosen a renter

July 2010

A question about rental protocol. After applications have been submitted and a renter has been chosen, how do you inform those who have not been chosen? Do you contact them by phone, letter or email, or do you tell them up front ''If you don't hear from me by Thursday keep looking.'' Looking to streamline the process.

Since you have no contractual obligation before the lease is signed, you can handle applicants you do not want to rent to an any way you like. It gets into legalities if you give a reason, so it is best to say you have chosen another application and leave it at that. I would like to suggest that if you are getting multiple applications, you may be able to get more rent for the space. anon

Page 174 of the book ''The Unofficial Guide to Managing Rental Properties'' says to keep the application for 3 years and to keep *detailed* notes on the application as to why you did not rent to them or why they decided not to rent your property. I always contact them by phone to keep the discussion positive and also clear. Another book I found useful for these basic landlord housekeeping issues is ''Managing Rental Properties for Maximum Profit''. Its an older book now but is one of the better books on being a landlord. anon

I call mine back and hope for voicemail. Calling is quicker than writing a note and doesn't create paper trails. anon

When showing your apartment state how the applicants will hear from you while they are there, or when they turn in their application. I have always contacted each applicant personally, whether through email or phone. They have taken the time to fill out the application and turn it in. I think it is only right for the landlord to take 60 seconds to personally reply back. As an applicant, having that question floating out there in space without a reply can be very hard. Think about when you waited to hear back from your first job application. Having a concrete answer, whether yes or no, helps everyone sleep better at night. Claire

Basically a simple matter. Keep applications for at least three years. Do NOT write applicants back with reasons why you made your decision - it is too easy to say something that could be taken wrongly. I simply tell all applicants when I will make my decision, and make no effort at all to contact those I did not select. I have only occasionally been called by people rechecking. In that case, keep it very simple, simply saying you selected another applicant. Again, do not offer any reasons or explanations. They really aren't necessary, and can only complicate matters. low

Renting while being a landlord

July 2008

hello, we are looking for advice/information about the following situation... we own a nice but cozy 1 bedroom in the hills near campus. when we bought a few years ago, we thought we would sell this place when we had a baby (which happened 7 months ago) to ''trade up,'' but alas, we have flat or possibly negative equity in the house due to the current market.

so we are considering renting it out, as we can likely get close to our mortgage payment. meanwhile, we are interested in then renting a bigger place for us, a little further out (and therefore cheaper) for pretty much the same monthly rent as what our tenants would pay us. we'll still likely lose $ overall, at least on property taxes (which i consider a loss anyway), but perhaps it will be more gradual than trying to sell our house now at such a bad time. and perhaps in the meanwhile, the market might recover, who knows.

does anyone have experience in renting a house to live while being a landlord? the tax implications? the positives/negatives? it seems like a temporary solution to our problem of no longer having enough space while seeing if the market somewhat recovers, but i'm not sure. advice or financial referrals would be appreciated. thank you.

Being a landlord no matter what the reason is a MAJOR commitment. You are providing someone with a home and you are responsible for its upkeep. In today's economy, it is tempting to rent out your home so you can rent a bigger one. Understandable. But that doesn't change the fact that you have to be responsible for your tenants and all the problems and headaches that come with them. Think hard before making this choice. It's a lot more than money you're dealing with here. Anon

Legal responsibilities for an Oakland landlord

Sept 2006

My very independent aunt, who is approaching 80 years old, is the owner of some rental units in Oakland. Although there are no present problems with her properties (that we are aware of), we want to be sure that the maintenance of the properties is up to the standard in terms of what landlords are supposed to do, i.e., strapping the water heater, assessing earthquake safety, doing routine inspections, etc. I'm hoping to get some advice for her about what the legal responsibilities are of a landlord along these lines, as well information and resources to guide her, in the form of inspectors and consultants who could look at the property, as well as books, etc. The impetus is both to be sure the tenants are safe and to protect the assets she has/needs as she grows older from any liability. Thanks in advance for any help!

Please take a look at the California Landlord's Law Book from local publisher Nolo Press ( It will be well worth the investment. Also, Oakland has rent control and eviction controls and it would be good if you know about these ordinances: check out the city website for information:

Good for you for wanting to be conscientious landlords!

Nolo has several excellent guides for landlords. You can get them on their website or just go to their store in Berkeley (where they're available at a discount). You can also find a lot of free articles on their website:

Contact Alameda Apartment Owners' Association, in Oakland. They should be listed in the book----I don't think they have a website. They can probably steer you in the right direction. Also, Nolo Press used to have some good books on landlording----you should check out their offerings. Good luck
Income Property Owner

Investing in rental housing

Sept 2006

I am in debt (manageable debt) with great limits on my ability to earn - mainly because of the profession I have chosen. I am beginning to work on switching gears to something that pays more, but in the meantime, I have equity in my home, experience in managing rental property and fixing it up for resale, and want to invest. My credit rating is good and I have been told that I will be able to qualify for loans. I would be looking for property that I would hold onto for a fairly short time period - 1 to 3 years. Is there anyone out there who has done this on a small scale and can offer advice? I don't want to post my email but if you prefer to have me contact you, I would appreciate that

I'm a mortgage broker who has 11 years of experience- here is my advice...

It is very hard to make money or break even on investment properties in this area unless you have a very large down payment (without having to take it out of the equity of your primary residence). What I would suggest if you want to expand your portfolio and invest in real estate is this:

1. invest in a REIT (contact a financial planner for info)

2. invest in rental property out of state where it has a better cash flow and is more affordable. consider investing in an area that you like to visit- so you may gain the tax benefits when you travel.

3. invest with companies that specialize in real estate and do the leg work for you- try SIFF investments (they specialize in Oregon investment properties and are based here in SF) or Open Door Properties- (they gather pools of investors for short term investing on real estate)

Last, you could invest in property in the Bay Area and be cash flow positive if you took a negative amortization loan. Your loan balance would go up instead of down so you'd be relying completely on the real estate market appreciating to make money in the long run. If you are looking for 1-3 years as your investment period- you are taking a big risk. Many experts believe the real estate market may flatten or decline during this period and are advising clients to invest for longer terms.

Our tenant is not paying rent and won't move out!

June 2005

We have a property in Oakland and we're relatively new to the rental game. We've gone to workshops, read up about being a landlord, we're part of the rental association, have books and cd's, etc. but it's still so hard especially because it is not profitable at all and we've been burned a couple times now and again we have a tenant who is not paying rent and is acting like a complete jerk. At this point we are borrowing money from family and friends so that we can pay for this jerk to live in our home and we're getting behind on our bills. How can we get him out quick? We've started the eviction process but we really can't afford an expensive process and he has made it clear that he's going to make stuff difficult even though he doesn't even have a contract with us. At this point, I am not above doing something illegal/unethical so that my own family doesn't end up in a shelter with no credit over him.
frustrated landlady

Have you thought about just selling the property? It's difficult to be a landlord if you don't have the capital to weather this kind of situation. I own other rental property in Oakland and might be interested in your building, even with the horrible renter, depending on the number of units, neighborhood, etc. landlady

Dear landlord,

I've been a landlord for a long time and have many wonderful experiences and one truly horrible one. My initial advice: Calm down, resist the urge to do something ''illegal/unethical,'' and strongly consider getting yourself a lawyer. A few observations:

(1) Landlords should never be in a situation where their own financial well-being is affected by a few months of vacancy. Being a landlord brings with it financial risk, including not only the loss of rental income but the very real possibility that you will be sued or have to provide a cash settlement of some kind to a tenant to get rid of him. (This is sometimes cheaper in the long run.) From your e-mail it sounds as if you may have counted a bit too much on the income from your rental. Maybe there's a way you can address that (refinance?). But it sounds to me like you need to consider seriously whether owning rental property makes sense for you financially.

(2) Nonpayment of rent is grounds for eviction. Period. But the law provides many protections for tenants at risk of eviction. You need to read your landlord books carefully and follow their advice to the letter regarding eviction. Be absolutely sure that your observe all deadlines and do all of the paperwork correctly (including getting a witness to your posting of various notices to him, etc.). Any mistakes you make will certainly lengthen the time the eviction takes and may also provide grounds for your tenant to sue you. I also recommend keeping a detailed written chronology of all of your communications with the tenant--phone calls, letters, encounters, etc. What, when, who.

(3) You don't specify what you mean by the tenant ''making things difficult,'' but his options are limited. He can refuse to move, in which case you can have his belongings removed at his expense (you will never collect on that, however--works better as a threat). In my case, what the tenant did was create an elaborate set of false accusations of harrassment and non-habitable premises, get an attorney and threaten to sue me unless I provided a $20,000 settlement (for an apt. that rented for $800!!!). So as bad as your situation is, remember it could get worse. In our case, the tentant eventually backed down and agreed to move out, then immediately sued us in small claims court (and lost, appealed, lost again). Despite our complete innocence (which was stated clearly by the judge, who was aghast at the insanity of the ''case'' against us), this cost us a fair amount of money (attorney's fees, court fees, process servers, inspectors to prove habitability, lost income, etc.) and a lot more anxiety and stress. What saved us was the help of a calm, reasonable, and expert lawyer who told us the facts (most landlord tenant law is designed to protect tenants) and helped us use the law to obtain a just outcome. Without his help, we would not have made good decisions or obtained the result we did. Our lawyer was R.C. Wong, who has an office in Berkeley. I recommend him highly. He is normally a tenants' lawyer, which was helpful to us because he understood the tenant perspective.

(4) Next time (if you do continue renting), be sure to check every reference (don't rely on letters alone and consider doing additional research like googling the tenant to verify employment, etc.--we later found out our tenant-from-hell had had disputes with previous landlords and that a ''clean'' recommendation was part of the settlement terms when he left his previous residence), get a good-sized deposit, and make absolutely clear that you will scrupulously observe legal deadlines with respect to payment of rent.

Good luck!! Been there

If you have no lease with this guy, simply call the police and tell them he has not paid rent in however many months, does not have a lease, is not welcome and is therefore a trespasser. Then ask them to remove him. Go change your locks and get a restraining order (much simpler than eviction). I'd do all this while you proceed with the eviction process. By not paying rent, he is in breach of even an implied contract (i.e., one not in writing) and so you no longer have any obligations to him. I really feel for you. Good luck Anon

I've just been through this! FYI-You don't need a lawyer but you do need to proceed with caution! Email me and we'll chat.

tia, fellow Measure EE landlord

First, when you choose a tenant in the future, make sure it's a good one. Check everything: their credit, references, make sure all their addresses on their license and current utility bill and current address all match as they should, and so on. Anything amiss is a red flag and is not someone worth renting to. As you are learning, sometimes it is better to have no tenant than a bad one.

Second, sometimes, rather than resorting to the eviction process, you can just pay someone to move out. Offer to pay them ''moving expenses'' if they get out by a certain date. Everyone has their price. I've had friends use this method to get rid of tenants.

Third, it's unclear whether your are renting a room or unit in your house, or if you have an apartment building or what. With Oakland and its Measure EE Just Cause Eviction law, getting tenants evicted can be difficult. I have a friend who highly recommends a company called ''The Evictors'' for evicting tenants. With all the rules and regs, he felt is was just easier to use a service like this. If you are renting a room or unit in your house, it may actually be easier to get rid of the person (single family homes are often exempt from various laws).

Buying a second home, thinking about renting out the old one

June 2004

We are considering renting out our house and I am interested in any advice for or against becoming a landlord. We own a house in Oakland (Crocker Highlands area), but have an opportunity to rent a house in Moraga -- we had been considering selling our house and buying in Moraga/Orinda for school reasons, but with this opporutnity to rent there, we thought it would be a good chance to test things out out there before we take the plunge and buy. This would mean renting out our Oakland house temporarily (maybe a year or two). My questions: How hard is it to be a landlord (e.g., finding and maintaining good tenants, taking care of their complaints, worrying about your house being kept in good shape by them, getting them to move out when it's time to sell, and anything else I haven't thought of)? Does anyone have any advice on how this will work out financially for us? What are the tax consequences of renting out what was previously your residence (in terms of deducting interest on the mortgage, depreciation, etc.)? Should we be looking to get rental payments that equal our mortgage payment? Would less still let us cut even financially? Any words of wisdom on this subject would be greatly appreciated. Thanks. sharon

My advice, based on my own experience and being in the rental field for over 20 years, is to get a property manager. A property manager will screen your tenants, handle any rent defaults, take care of maintenance problems and keep excellent records for you to hand over to the tax man at the end of the year. In addition, the laws for landlords are getting more and more complicated every year, and a good property manager makes it his or her business to stay abreast of all the stuff ya gotta do. In addition, since your house is in Oakland, I would take the time to read the Rent Adjustment Ordinance and Measure EE, which voters passed in Nov. '02: I also highly recommend the Nolo Press book on Landlord's Law, just to get a sense of the basics. Becky

Nolo Press has a great book on Landlord Law and best practices for being a landlord. They also have all the forms - rental applications, credit check authorizations, etc. We have a similar situation to yours. And while it is not without its challenges, it has been worth it for us. Here's what we aim for:
- Positive cash flow (include mortgage, taxes, insurance, gardener, water/ trash, maintenance in your calculations).
- You will need to purchase commercial insurance since the property won't be owner occupied. It is significantly more expensive than homeowners insurance.
- Good, stable tenants. We set the rent a notch higher than the standard market rate. We've had two tenants in 6 years, both from Craigs List.
- We try to break even every year since any money we make on the property is taxed. If we are ''ahead'' at the end of the year, we make an additional payment to our mortgage company so we show $0 losses/gains for the year.

The biggest thing you should consider though is capital gains taxes, which you will be subject to after 2 years of not living in the property. The good news is that you only have to pay the tax on any gains the property makes when you sell it. The bad news is that it can really eat into property appreciation. I'm sure there is much more to consider but this is a start. I look forward to reading the responses. Good luck with you decision! Anon, please

it's not as simple as you think, and much depends on your tenants. my parents have been landlords for years. Generally speaking, you'll have to do some significant cleanup work, if not repairs after a few years. You can only charge what the market will bear, which may be more or less than your mortgage, and the higher the rent, the less choice you'll have in tenants. Check w/ your tax person about those implications. If you end up moving w/in a certain time frame (3 yrs? I can't remember) you can transfer the basis of the home to any new home you buy. The rental income is income, and any improvements/repairs you make is deductible, so save receipts. And of course you can evict to sell the property, but some tenants are easier than others, and you should plan on either evicting them early to get the house ready (which means lost rent), or potentially earning less on the sale (tenants don't have any interest in making the house look good.) And read up on all the relevant laws. anon

I recommend you read the Nolo Press book on being a landlord as well as the book on a tenant's rights. These will provide you with a good idea on what to expect. As a former landlord, the part I was more concerned with was educating myself so that I did not discriminate against potential tenants as this is against the law. I also recommend you sign up with a service that will check the credit history of potential tenants. I used the Tenant Screening Center located in Santa Rosa. I paid for the garbage because I wanted to make sure my house was kept clean and not littered with trash. The tenants paid for all the other utilities. If you are concerned about having your yard or plants watered you might consider paying for water usage or at least paying for half of it. I initially went with a 6 month lease as this gave me sufficient time to get to know the tenants. Once happy with them, it turned into a month to month rental agreement which they wanted. As for how a rental will impact your finances, I recommend you read up on IRS publications about what you can/cannot deduct. There's just too much information to cover in this newsletter. Been there.

How to find a long-term tenant for our house

Jan 2004

Greetings, We are considering renting our 4 bedroom, 2 bath North Oakland home for a long-term period. As we are close to Cal, this would be perfect for a family here on sabbatical. We'd really love advice as to how to advertise this to the academic community and other responsible, long-term renters and/or leasers. Are there special websites for academics who are heading here on sabbatical? Any advice would be greatly appreciated. Thanks in advance, Deborah

Cal Rentals, UC Berkeley's counseling and listings service for students, faculty and staff, operates a special program for sabbatical visitors to UCB. Academic visitors appreciate a furnished place, relatively near to campus. They typically stay in our area for an academic year or a semester, and rarely stay more than two years.

There is no charge to list a home (or apartment or room) at Cal Rentals. If you would like more information about offering your home as a rental, please call 642-3644. Or, you can send an email to: homeinfo[at] Nancy

I have rented my home and in-law unit a couple times now with very good results. I have listed with the UC Housing office where you can specify Faculty only or Students. They also helped me with competitive pricing. I listed on the Parents Network and Craig's List. Another possibility is the classifieds in your alma mater's magazine, i.e. I see ads for home rentals in Harvard Magazine for all over the world. My in-law unit renters came from Household Digest. My home renters, UC faculty moving to the area, came from Craig's List. Screen applicants over the phone and then arrange for a meeting and walk through. kl

Siblings inherited the family home - rent it out?

June 2003

My mother's modest estate has been probated and us sibs (6) are considering whether to simply sell the house and go our separate ways, or retain joint ownership of the property and turn it into a rental. The house is 45 years old, a modest but large ranch style, 4 bed, 1 1/2 bath, with original kitchen and baths, and has received so-so upkeep throughout the years. However, it is in a community that has become very upscale, with high home prices, few if any single family rentals even exist, has great schools, is on a picturesque .9 acres of woodsy Conecticut, complete with babbling brook, and is communter distance to NYC. One of my sibs lives nearby and could help hire / oversee a rental maintaince company.

Has anyone done anything similar to this before who could provide insight into how to get this kind of thing set up, do's and don'ts, how you get a group of sibs to agree on a course of action, legal steps, etc.?

My feeling is that we could probably be a little in the black right away, and then in twenty years the house might provide a nice supplementery retirement income for all of us. Thanks in advance.

Your goal of an investment that will spin off income for all the siblings is a good one. However, co-owning a rental property is a risky way to achieve it. Remember that, if you sell the house now, you can each invest your share of the proceeds in an income-producing investment that each of you will control independently. Your goal will have been met without co-owning a rental. (I can't resist adding here that most economists think houses are significantly overvalued right now, and that prospects for continued rapid appreciation are poor. In other words, this may be a great time to sell.)

My advice about turning a family home into a rental is an emphatic: don't! Both in my extended family and in my husband's, we've seen siblings turned from tight and loyal families into implacable enemies by co-ownership of indivisible assets (ironically, one was Great Granny's beautiful farm in Connecticut, like your land, replete with babbling brook.) Managing a rental involves plenty of headaches all by itself, but the constant decisionmaking over big expenditures, chores, etc. becomes a real hazard to family harmony once a large number of co-owners are involved. What are the odds that all six of you will agree about how much risk to take, how much money to spend maintaining or upgrading your investment, or when to sell? What are the odds that your tax situations are all identical? Rentals are not too profitable if you have to pay people to do all the work for you, but I can tell you from personal experience that sharing these tasks among you will be difficult. The tendency is for those who are doing the tasks to have a different assessment of their value and difficulty than the siblings who don't do them: everyone feels burdened. Also, you want to be able to make demands on the person who does each task, and to ask tough questions and make sure things are done wisely and well. However, it isn't easy to call a sibling to account, or to ask him or her to justify decisions and actions, even if you are paying him or her for the work. Things only get more difficult once your spouses, (or, god forbid, ex-spouses) get dragged in. These folks rightly have a say over a couple's assets, but aren't always bound by the same generous sentiments as the siblings themselves. And then, of course, your children serially inherit the mess. Protecting their stakes in the house pits the first-orphaned nieces and nephews against their aunts and uncles, instead of keeping their relationship one of mutual aid and support. After that, the vast diaspora of cousins has to make joint decisions. Hopeless.

Political Science tells us that requiring unanimity results in paralysis. (And paralysis in managing an asset means financial losses.) Our experience of family life tells us that forgoing unanimity, and overruling some siblings, brings ill will and grudges. Your responsibility to your siblings begs you to accept financial losses to keep harmony among you; your responsibility to your spouse and children obligates you to do what is best for them economically. Co-owning a rental creates an inevitable conflict between these two responsibilities. Out of love for both groups, better to avoid it.

Capital gains taxes, and the tendency of property values to fluctuate, mean that it is a complex transaction for individual siblings to divest themselves of their stakes at different times, and zero-sum games are inevitable. Divestiture involves facing decisions that pit one sibling's interest against the others' and where there are no clear cut rules to guide one.

Worst of all is seeing what happens to one's family nest egg when the siblings can't agree, as happened in my spouse's family. Lawyers ate roughly a third of the total assets, and considerably more than the portion that was in dispute.

Now two families are scarred, and we are left with sad reminders like sparsely attended weddings, and birth and graduation announcements that fall on deaf ears. Gone for good are those happy sharings of rented beach houses and woodsy cabins, where, in a wild army cousins, each of us always found a soulmate. The more you love your family, the worse the heartbreak.

If you decide, as many do, to attempt co-ownership, please at least read up first on the management of family owned businesses.

It has always amazed me that, as a family-owned concern, the Mafia manages to make money. That they are driven to slaughter each other is no surprise at all.

Anonymous out of tattered respect for my disgraced lineage

I've been renting our former home for almost 10 years. A few thoughts: 1) it could be quite a bit of work so the sibling who becomes the manager ought to be paid. 2) Definitely do credit checks and check references on applicants. 3) If you rent it, you will get a small tax break on your income taxes (divided amongst several siblings it will be small and might be rather complicated, in terms of paperwork). however, when you eventually sell the after it's been a rental you will owe extra taxes (because it was a business.) I don't know how those taxes will compare to whatever taxes you might pay if you just sell now... talk to an accountant. mary

Not all of this will be relevant to your situation, but here's a few things I've learned from turning my own house into a rental:

1) You have to detach yourself from an emotional connection to the house, and see it as an investment. If this is the house you grew up in, and you would be sad to see it repainted or the old cherry tree cut down or whatever--or if any of your siblings would--you should sell it. Because eventually you will have these decisions to make, and monetary concerns will butt up against emotional attachments, and may cause problems for you.

2) Property managers can take an enormous cut of your profit--typically a monthly fee from you, plus the first month's rent (or 1/2 that sum) every time a new renter moves in, and then virtually anything else you have them do (e.g., fix pipes), paid at their rates. You pay them for their office time, if you ask them to fax stuff, etc. etc. Maybe this is not typical out in Connecticut, but it seems to be here. Also--and this is important--because they profit most when there's a new tenant, they have no incentive to choose people who will stay long-term. I rented a house myself recently and twice saw property managers give rentals to the first people to walk in the door with the deposit in hand. They didn't even check references.

3) Property managers and tenants don't do maintenance like you would do maintenance. They don't worry about that drip in the eaves that's going to rot the foundation mudsill in 5 years--the one that could be fixed in 10 minutes, if only you were notified about it. They worry about crisis situations, and whether the carpet and paint are new. Also, with few exceptions, tenants don't garden or do landscaping. So if you expect to make a tidy sum 20 years from now when the house is paid off, you need to make sure it doesn't look like it's been rented for 20 years, or need 20 years' worth of work. Your sib who is close by should maybe get an extra cut of the profits for keeping an eye on the maintenance.

4) Get Nolo Press's guide to being a landlord--it's invaluable.

The curmudgeonly landlady

We rented to a family with an option to buy and now they won't move out

Feb 2002

A couple of years or so ago we ended up renting out a house which we'd been trying to sell in Vallejo to a family who had a credit situation that needed to be cleared. The agreement was that they would rent for a 6 to 12 month period while they cleared their credit record, then purchase the house. We, being trusting and wanting to be kind landlords, have let this arrangement drag on, and have been extremely patient and lenient about rent payments which have been late for reasons which may or may not be beyond the family's control. Thousands of dollars later, we are finally coming to our senses and would like to cut our losses by getting rid of these tenants and trying again to sell the house. We've considered and rejected the idea of trying to handle this ourselves. We've had some interest from a real estate broker who offered to evict the tenants then sell the house for us. Someone else has suggested going to Small Claims Court to try to recoup our losses. We're pretty! naive about what to do at this point, so any advice from others who have dealt with a similar situation would be really appreciated. What sort of professional(s) should we consider helping us out, how much should we expect to pay for someone to take care of this for us, etc. - Anonymous please

We've got burned - to the tune of $5,000 - for being ''nice.'' When we finally got fed up, evicting our tennant took 5 months because she knew how to work the system. My father-in-law, Fred Duman, is a real estate lawyer (510-537-3388 ). I suggest contacting him or another real estate lawyer asap. Helena

I highly recommend you purchase The Landlord's Law Book, published by Nolo Press. You can get it either from the Nolo bookstore at the corner of Parker and 9th Street in Berkeley, or probably from any good bookstore locally. Read up on the subject of evicting tenants before you decide to hire someone for this purpose. That way, if you do hire someone, you will be educated about what they are supposed to do and you can ask intelligent questions to determine if the person will do a good job for you. Or, you may decide you can do it yourself after you've read the book. Becky

Sellers renting back from the Buyers


We just bought a house and are wondering about others experience with the sellers renting back from the buyers. The sellers were renting back from us for 3 weeks after we had closed escrow. They were reluctant to give us a key and we had to wait over 2 weeks to get one. According to our agent, it is normal for the sellers to give the buyers a key after closing, even during the rent back period, afterall the buyer has just purchased the house. However, according to their agent, in all the 15 (?) years of their experience, they have never heard of the sellers giving the buyers a key during the rentback period after closing. What is the proper procedure? We never signed forms that state anything regarding when we would get a key. As the buyer/landlord now, we know we are bound by certain rules to give notice if we need to enter the property with a legitimate reason, and we have no problems with that. We would like to know what to expect with the key if we are ever in this situation again.

YOU now OWN the home and should have a key to YOUR home, even if they are renting back. We had a similar situation when we bought our home 10 years ago and there was never a question as to whether we would have a key. Their realtor is either lying to you or is incompetent. MK