Oakland Rental Housing Forms

Every housing provider in California must comply with federal, state, and local fair housing laws. These laws protect renters from discrimination and ensure equal opportunity in housing.

Key Federal Protections (Fair Housing Act):

• Prohibits discrimination based on race, color, religion, sex, national origin, disability, and familial status.

• Applies to advertising, screening, leasing, services/amenities, and termination.
  
  

California Fair Housing Protections (FEHA – Fair Employment and Housing Act):

• Adds protections for sexual orientation, gender identity/expression, source of income (including Section 8 vouchers), marital status, ancestry, age, and immigration status.

• Prohibits harassment or retaliation against renters who exercise their housing rights.

• Requires reasonable accommodations and modifications for disabilities (e.g., service/assistance animals, grab bars).
  
  

Local Ordinances (East Bay):

• Cities like Oakland, Berkeley, and Richmond may add extra protected classes and restrictions on criminal history use in screening.

• Example: Oakland restricts the use of criminal background checks in rental decisions.
  
  

Best Practices for Housing Providers:

• Avoid asking about citizenship, immigration status, or Social Security numbers unless required for lawful screening and applied uniformly.

• Use consistent written criteria (income, credit, rental history) for all applicants.

• Avoid discriminatory language in ads and conversations (e.g., “no kids,” “working professionals only”).

• Document accommodation/modification requests and responses.

• Check EBRHA [City Pages] for local requirements before advertising or screening.

Preparing the unit thoroughly and following a compliant process helps avoid delays and reduce exposure to risk during tenancy.

Steps:

• Prepare the unit: Clean thoroughly, complete repairs, ensure smoke/CO detectors function, address safety issues; consider cost-effective updates (paint/fixtures).

• Market effectively: High-quality photos, accurate/fair descriptions; avoid discriminatory language (see Section 1).

• Screen applicants: Apply consistent written criteria; use Intellirent and TenantAlert (EBRHA partners).

  • Note: Some cities (e.g., Oakland, Berkeley) restrict criminal background checks—confirm on City Pages.
    
    

EBRHA Form (When/Why to Use):

• Offer to Rent or Lease Holding Deposit & Acceptance to Rent/Lease — When an applicant is approved but not ready to sign immediately; secure a holding deposit with clear terms (holding period, conditions, refund/applications of funds). Prevents disputes if the applicant backs out.
  
  

Forms Mentioned in this Section:

• Offer to Rent or Lease Holding Deposit & Acceptance to Rent/Lease

Starting Notes:

• Advertise fairly and apply consistent criteria to all applicants (see Section 1).

• Obtain written consent for screening. Use trusted providers: Intellirent and TenantAlert (EBRHA partners).

Important local rule:

• Certain background checks are not permitted in certain cities. Always confirm on your city-specific page before screening.
  
  

EBRHA Forms (When/Why to Use):

• Notice of Adverse Action — Use when you deny an application based on screening (credit, income, rental history, etc.); required by FCRA when a consumer report is used.

• Notice of Adverse Action (Guarantor) — Use when you deny only with a guarantor due to screening risk (e.g., limited credit/income).

• Notice of Conditional Acceptance — Use when you approve with conditions (e.g., higher deposit, shorter term) instead of denying.
  
  

Forms Mentioned in this Section:

• Notice of Adverse Action

• Notice of Adverse Action (Guarantor)

• Notice of Conditional Acceptance

Under Cal. Code Civ. Proc. §1162, proper service is critical—improper service can invalidate a notice.

Methods of Service (When/Why to Use):

*Best Practice: EBRHA recommends you serve the notice in at least TWO of the ways mentioned below to ensure your tenant receives it.

1. Personal Delivery — Hand the notice directly to the renter.

   • Best practice whenever possible; strongest proof.

   • Pro tip: Ask for an acknowledgment of receipt (in addition to a Proof of Service).

2. Substituted Service — Leave with a person of suitable age and discretion at the residence and mail a copy the same day. Mail should always be in first class or certified mail so you can obtain a receipt.

   • Use when the renter is not available for personal delivery.

3. Post and Mail (“Nail and Mail”) — Post notice in a conspicuous place at the unit and mail a copy.

   • Use only when personal and substituted service aren’t possible.

   • Mail must be sent via first-class mail. Certified mail is optional but not required. If certified mail is refused or unclaimed, service is not invalidated; proof of service is established through a completed Proof of Service and mailing documentation. 

   • *Courts look at whether the notice was properly sent, not whether the tenant accepted it. If need be; a Certificate of Mailing (USPS Form 3817) is often stronger and cleaner than certified mail because it proves the item was mailed without requiring tenant cooperation.

   • Pro tip: Take time-stamped photos of the posted notice.

4. Email 
   
   

*Be sure to keep a copy of every notice that you file.*

EBRHA Form:

• Proof of Service — Always complete to document the method, date, and recipient. Keep a copy for your records, you do not need to send it to your tenant. Certain cities require this form to be sent to the Rent Boards. Always confirm on your city-specific page before screening.

Local Filing:

• Some East Bay cities (e.g., Oakland, Berkeley) may require filing a copy with the Rent Board/Housing Department—check City Pages.
  
  

Forms Mentioned in this Section:

• Proof of Service

The California Lease Agreement (EBRHA-provided) is the foundation for every tenancy. Housing providers must include applicable addenda/disclosures to stay compliant.

EBRHA Forms, Addenda & Disclosures (When/Why to Use):

• Move In/Out Checklist — Document move-in condition with photos; protects both parties in deposit disputes.

• Guarantor Form — Use when a renter needs a co-signer; creates legal responsibility for rent/damages.

• Addenda Exhibits & Disclosures Incorporated Into Agreement — Consolidates required addenda for clarity.

• Asbestos Disclosure — Required if asbestos is present/suspected in older buildings; liability protection.

• Mold Booklet + Mold and Maintenance of Premises — Required by CA law; educates renters and assigns duties to report/prevent mold.

• Lead-Based Paint Disclosure (Known/No Known Problem) + Lead Booklet — Required by Federal Law for pre-1978 housing; discloses hazards and educates renters.

• Bed Bug Disclosure — Required by CA law; prevention and reporting responsibilities.

• Carbon Monoxide & Smoke Alarms — Required by CA law; confirms devices installed and working.

• Fair Housing Disclosure — Educates renters on protections; reinforces compliance.

• CC&Rs Addendum — Required if governed by HOA rules; renter acknowledgment.

• Family Child Care Home Provider Addendum — Required by CA law if applicable; protects licensed childcare rights.

• Open Flame & Cooking Device Addendum — Fire-safety limitations (candles, grills).

• Pet, Service, or Assistance Animal Addendum — Rules and deposits for pets; assigns responsibility for pet-related damage.

• Pool, Spa & Hot Tub Addendum — Safety and maintenance responsibilities for water amenities.

• Positive Credit Reporting Disclosure — If rent payments will be reported; encourages on-time payment.

• Residential Environmental Hazards Guide — Required by CA law booklet (asbestos, radon, lead, etc.).

• Rules and Regulations — Custom property rules (quiet hours, trash, parking).

• Satellite Dish / Antenna Addendum — Regulates installation; prevents property damage.

• Statewide Notice of Exemption — Required if exempt from AB 1482 rent caps (e.g., certain newer units/SFHs).

• Waiver & Release of Liability — Limits liability for specific amenities/activities (e.g., gym).

• Waterbed Agreement — Required by CA law if waterbeds allowed; permits +½ month deposit.

• Violence Against Women’s Act Addendum — Protections for survivors of DV/SA/stalking; aligns with state/federal protections.

Move-In Funds (Cal. Civ. Code §1950.5):

• First month’s rent.

• Security deposit limits are subject to local laws and regulations. Generally, in California the guidelines are as follows:
  

  • Unfurnished → up to 2 months’ rent
    

  • Furnished → up to 3 months’ rent
    

  • + ½ month if waterbeds are allowed

• All deposits are refundable (no “nonrefundable deposits” under CA law).

Move In Inspection 

Conduct a Move-In Inspection with the renter using the Move In/Out Checklist and take photos for your records.

Utilities & Billing

Add:

• Clear disclosure of who is responsible for setting up utility accounts (tenant vs. owner).

• Rules for billing utilities back to tenants, including submetering, RUBS or pro-rata billing, and any municipal utility requirements.

• Written disclosure of calculation methods and billing frequency.

• Late fees for utility nonpayment only if allowed locally and clearly disclosed in advance.

Forms Mentioned in this Section:

• California Lease Agreement

• Move In/Out Checklist

• Guarantor Form

• Addenda Exhibits & Disclosures Incorporated Into Agreement

• Asbestos Disclosure

• Mold Booklet + Mold and Maintenance of Premises (Required by CA law)
  

• Lead-Based Paint Disclosure + Lead Booklet (Required for pre-1978 housing)
  

• Bed Bug Disclosure (Required by CA law)
  

• Carbon Monoxide & Smoke Alarms (Required by CA law)
  

• Fair Housing Disclosure

• CC&Rs Addendum

• Family Child Care Home Provider Addendum (Required by CA law if applicable)
  

• Open Flame & Cooking Device Addendum

• Pet Addendum

• Pool, Spa & Hot Tub Addendum

• Positive Credit Reporting Disclosure

• Residential Environmental Hazards Guide (Required by CA law)
  

• Rules and Regulations

• Satellite Dish / Antenna Addendum

• Statewide Notice of Exemption (Required if exempt under AB 1482)
  

• Waiver & Release of Liability

• Waterbed Agreement (Required by CA law if waterbeds allowed)
  

• Violence Against Women’s Act Addendum

Circumstances change—roommates join/leave, parking changes, house rules evolve. Document updates to keep the lease enforceable.

EBRHA Forms (When/Why to Use):

• Rental Agreement / Notice of Change of Terms of Tenancy — General lease updates (utilities, new rules, changes in services).

• Parking Agreement / Parking Agreement (Optional) — Assign or modify parking rights.

• Change of Tenant Agreement – Subtenant — Use when adding/replacing household members or converting a long-term guest into a lawful occupant.

  • Why it matters: Ensures every adult occupant is legally responsible for rent/lease compliance; prevents unauthorized occupancy; strengthens compliance/terminations in just cause cities (e.g., Oakland, Berkeley) where unauthorized occupants complicate cases.
    
    

Notice Requirements:

• Most non-rent changes: 30 days’ written notice.

• For rent increases, see Section 5.
  
  

How to Serve:

• Always attach Proof of Service; follow methods in Section 11.
  
  

Forms Mentioned in this Section:

• Rental Agreement / Notice of Change of Terms of Tenancy

• Parking Agreement / Parking Agreement (Optional)

• Change of Tenant Agreement - Subtenant

Check local rent control and AB 1482 applicability before increasing rent.

AB 1482 (State Cap):

• For covered properties, annual increases are limited to 5% + CPI (max 10%).

• Exemptions exist (e.g., certain newer units, some single-family homes)—verify and, if exempt, provide the Statewide Notice of Exemption (see Section 3).
  
  

Which Notice to Use (EBRHA forms):

• 30-Day Notice of Change of Monthly Rent — Renter in unit < 12 months, increase ≤ 10%.

• 60-Day Notice of Change of Monthly Rent — Renter in unit ≥ 12 months, increase ≤ 10%

  • You will also need to use this form if the tenant or ANY tenant in the building is on Section 8, or if there are any government loans on the property.

• 90-Day Notice of Change of Monthly Rent — Any increase > 10%, regardless of occupancy length.
  
  

Service:

• Always attach a Proof of Service (see Section 11).
  
  

Forms Mentioned in this Section:

• 30-Day Notice of Change of Monthly Rent

• 60-Day Notice of Change of Monthly Rent

• 90-Day Notice of Change of Monthly Rent

Housing providers must give proper notice and respect privacy.

EBRHA Forms (When/Why to Use):

• 24 Hr Notice to Enter — Required written notice for lawful entry (repairs, inspections, showings); include date, time, and purpose; schedule during normal business hours.

• Inspection Checklist — Document conditions/repairs; great for periodic or turnover inspections.

• Maintenance Request — Standardize renter requests and track completion.
  
  

Habitability & Repairs (Property Owner Duties)

• Explicit reference to Cal. Civ. Code §1941 requiring the landlord to maintain habitable conditions (plumbing, heat, electrical, weatherproofing, structural safety, pest control).

• Distinction between urgent repairs (heat, water, gas, electricity, leaks) and non-urgent repairs, with reasonable response timelines.

• Clarification that emergencies allow immediate entry under Cal. Civ. Code §1954.

If a renter refuses entry:

• Do not force entry. Document the refusal (date/time, how refusal occurred).

• Send a follow-up referencing Cal. Civ. Code §1954 and the prior notice.

• Continued refusal may constitute a lease violation / at-fault just cause (see Section 8).

• Emergencies: Immediate entry permitted (health/safety hazard, active leak, fire). Be prepared to justify the emergency if challenged.
  
  

Forms Mentioned in this Section:

• 24 Hr Notice to Enter

• Inspection Checklist

• Maintenance Request Form
  
  

Use operational notices to resolve day-to-day issues and keep records clean.

EBRHA Forms (When/Why to Use):

• Notice of Dishonored Check & Demand for Payment — Use after a bounced rent check (NSF, account closed).

• Notice of Intent to Enter Premises — General notice of entry beyond repairs (e.g., showings, appraisals).

• Transfer of Security Deposit — Required when ownership or management changes; tells renters who holds their deposit per Cal. Civ. Code §1950.5(h).

• Towing Notice — For improperly parked vehicles; puts renters on notice before towing.

• Resident’s Certification of Terms / Estoppel Certification — Common in sale/refinance; renter verifies current rent, terms, deposits, and claims.
  
  

Best Practices:

• Date and sign all notices.

• Attach Proof of Service and keep copies.
  
  

Forms Mentioned in this Section:

• Notice of Dishonored Check & Demand for Payment

• Notice of Intent to Enter Premises

• Transfer of Security Deposit

• Towing Notice

• Resident’s Certification of Terms / Estoppel Certification

• Proof of Service

Ending a rental requires compliance with AB 1482 and often stricter local ordinances in the East Bay.

AB 1482 – Statewide Foundation:

• Applies to most multi-unit rentals built before 2005 (verify exemptions).

• Just cause required after 12 months’ occupancy.

  • At-Fault Just Cause:

    • Nonpayment of Rent: Failing to pay rent when due.

    • Breach of Lease: Violating a material term of the lease, like unauthorized subletting.

    • Nuisance/Waste: Creating a nuisance, damaging the property (waste), or using it for unlawful purposes.

    • Criminal Activity: Committing crimes on the premises or targeting the owner/agent.

    • Refusal to Allow Entry: Denying lawful entry to the landlord.

    • Refusal to Renew Lease: Refusing to sign a new lease with similar terms.
      
      

  • No-Fault Just Cause:

    • Owner Move-In: The owner or a close family member intends to occupy the unit as a primary residence.

    • Substantial Remodel: The landlord plans significant renovations requiring the unit to be vacant.

    • Withdrawal from Rental Market: Taking the property off the rental market.

    • Government Order: Complying with a government order to vacate the unit.

    • Demolition: The intent to demolish the property.

• Why it matters: AB 1482 sets the baseline—even in cities without local rent control.
  
  

Local Ordinances – East Bay Rules (Oakland, Berkeley, Richmond, Concord, Hayward, etc.):

• May add more detailed or stricter just cause categories.

• Often require city-issued forms, filing a copy with the Rent Board/Housing Dept, and relocation assistance for no-fault terminations.

• May limit or condition substantial rehab/owner move-ins (e.g., Oakland requires permits and relocation; rehab must render the unit uninhabitable).

Example: In Oakland, substantial rehab requires permits and the work must make the unit uninhabitable during construction; relocation payments are typically required.

EBRHA Forms for Termination (When/Why to Use):

*Always check local ordinances before using any forms for termination. Some cities (like Oakland) have strict move out guidelines and restrictions*

• Notice of Resident Intent to Vacate — When a renter initiates move-out; secures a clear move-out date.

• Notice of Resident Intent to Vacate – Domestic Violence — For renters who qualify for early termination under Cal. Civ. Code §1946.7 (DV/SA/stalking/trafficking/elder abuse).

• Notice of Termination of Tenancy — Housing provider-initiated; must clearly state just cause (AB 1482 and any local requirements).

• Premature Lease Termination Agreement — Mutual early termination to avoid disputes and document consent.

• Proof of Service — Attach to every notice to document valid service (see Section 11).
  
  

Best Practices:

• Confirm AB 1482 coverage and local ordinance rules before serving.

• Follow the most restrictive law that applies.

• Provide relocation assistance when required locally.

• Keep detailed records (violations, communications, notices, service).
  
  

Forms Mentioned in this Section:

• Notice of Resident Intent to Vacate

• Notice of Resident Intent to Vacate – Domestic Violence

• Notice of Termination of Tenancy

• Premature Lease Termination Agreement

• Proof of Service

Move-outs must follow California security deposit rules (Cal. Civ. Code §1950.5).

Steps for Housing Providers:

1. Offer a pre-move-out inspection at least 2 weeks before move-out; use the Move In/Out Checklist to flag potential deductions.

   • Best Practice - This would be a good time to talk to your tenant about how they would like their deposit to be returned (i.e. via check, zelle, ACH, etc.) and their new address.

2. Final inspection: Take photos/videos and compare the move-in condition.

3. Return the security deposit within 21 calendar days of vacancy. Provide an Itemized Disposition of Security Deposit showing:

   • Allowed deductions: unpaid rent, damage beyond ordinary wear and tear, cleaning to bring the unit to the same level of cleanliness as move-in, and restoration/replacement of the housing provider’s property if authorized by the lease.

   • Receipts/invoices for any single deduction over $125.
     
     

EBRHA Forms (When/Why to Use):

• Move In/Out Checklist — Compare move-in to move-out; supports lawful deductions.

• Itemized Disposition of Security Deposit — Required with deposit return (or balance due) within 21 days.

• Wear & Tear vs Damages Chart — Educates renters; supports dispute resolution by distinguishing normal wear from damage.

• Proof of Service — Attach to the itemized disposition to document delivery.

• Post-Tenancy Payment Plan Agreement — Use if a balance remains after applying the deposit; sets a written repayment schedule.
  
  

Forms Mentioned in this Section:

• Move In/Out Checklist

• Itemized Disposition of Security Deposit

• Wear & Tear vs Damages Chart

• Proof of Service

• Post-Tenancy Payment Plan Agreement