Berkeley Mun. Code Chapter 13.76 § 13.76.140
Retaliation prohibited (Berkeley Rent Stabilization and Eviction for Good Cause Ordinance)
Operative Text
No landlord may threaten to bring, or bring, an action to recover possession, cause the tenant to quit the unit involuntarily, serve any notice to quit or notice of termination of tenancy, decrease any services, including a tenant’s right to engage in Organizing Activities, or increase the rent where the landlord’s intent is retaliation against the tenant for the tenant’s assertion or exercise of rights under this Chapter. Such retaliation shall be a defense to an action to recover possession, or it may serve as the basis for an affirmative action by the tenant for actual and punitive damages and injunctive relief. In an action by or against a tenant, evidence of the assertion or exercise by the tenant of rights under this Chapter within six months prior to the alleged act of retaliation shall create a presumption that the landlord’s act was retaliatory. "Presumption" means that the court must find the existence of the fact presumed unless and until its nonexistence is proven by a preponderance of the evidence. A tenant may assert retaliation affirmatively or as a defense to the landlord’s action without the aid of the presumption regardless of the period of time which has elapsed between the tenant’s assertion or exercise of rights under this Chapter and the alleged act of retaliation.
Berkeley Municipal Code § 13.76.140 prohibits landlords from taking adverse actions—such as serving eviction notices, reducing services, or raising rent—when the motivation is to punish a tenant for exercising rights under Chapter 13.76. If a tenant exercised such rights within the six months before the alleged retaliation, the law presumes the landlord's action was retaliatory, shifting the burden to the landlord to disprove that intent. A tenant can raise retaliation either as a defense against an eviction or as the basis for an affirmative lawsuit seeking actual damages, punitive damages, and injunctive relief.
Plain English — not legal advice.
Under § 13.76.140, operators who take adverse actions—eviction proceedings, service reductions, rent increases—close in time to a tenant's assertion of Chapter 13.76 rights face a legal presumption of retaliatory intent that they must affirmatively rebut. Compliant operators generally document legitimate, non-retaliatory business reasons for any such actions and maintain records that clearly predate or are independent of any tenant rights activity. Consulting a qualified attorney before acting in circumstances that could trigger this presumption is a common practice among property managers operating in Berkeley.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 13.76.140 gives tenants in Berkeley the right to be free from landlord actions—like eviction notices, rent hikes, or service cuts—taken in retaliation for exercising rights under Chapter 13.76. If the adverse action occurred within six months of your rights-related activity, the law automatically presumes retaliation, and the landlord bears the burden of proving otherwise; this presumption can also be raised outside that window. Tenants can assert retaliation as a defense in eviction court, file a complaint with the Berkeley Rent Stabilization Board, or reach out to a local tenant-rights organization to learn more about available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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