On June 30th, Berkeley City Council passed an ordinance that allowed students affected by the COVID-19 Pandemic to terminate their leases with their landlords upon 30 days notice. Now, they are going back on what they initially had proposed and will only allow termination if the LEASE HAS NOT STARTED. If a student has a current lease and chooses to terminate, the landlord has every right to seek reimbursement for losses of rent if a replacement tenant is not found. As most leases start in May or June, this new amendment dramatically impacts many students who already started leases well before when the pandemic had even started. By making this amendment, few students will find it beneficial, while the vast majority of students will be FORCED TO PAY FOR RENT FOR SCHOOL THAT IS HYBRID. We propose that the Berkeley City Council reconsiders this amendment and allow students to terminate their leases even if they have already started.

"The Berkeley City Attorney’s office has indicated that even if students terminate their leases under the recent Berkeley emergency ordinance (see ordinance details below), the landlord still has the right to pursue unpaid/lost rent over the duration of the lease term under state law (California Civil Code Section 1951.2)"

Original Proposal:

https://www.cityofberkeley.info/Clerk/City_Council/2020/06_June/Documents/2020-06-30_Supp_3_Reports_Urgent_Item_-_Tenants_Ability_to_End_Lease_pdf.aspx

Full Document of Amendment: https://docs.google.com/document/d/1vgivq6s40tebERM0qZtZ5njvRnx1AolnIt4FvjCqsnM/edit?usp=sharing