Oakland Tenant Move Out Agreement Ordinance

April 12, 2023

Oakland Tenant Move Out Agreement Ordinance: Everything You Need to Know

If you’re a tenant, knowing your rights and protections under the law is essential when renting a property. In Oakland, California, the rental landscape has changed significantly with the recent enactment of the Oakland Tenant Move Out Agreement Ordinance.

The new law aims to protect tenants from landlords who want to pressure them into signing a move-out agreement. Under this ordinance, landlords must follow a specific process and provide tenants with written notice before presenting any agreement for their signatures.

Here’s everything you need to know about the Oakland Tenant Move Out Agreement Ordinance:

What Is a Move Out Agreement?

A move-out agreement is a written document signed by a tenant and a landlord, which outlines the terms of the tenant’s departure from the rental property. It usually includes details such as the move-out date, condition of the property, and any financial obligations.

What Does the Oakland Tenant Move Out Agreement Ordinance Cover?

The Oakland Tenant Move Out Agreement Ordinance requires landlords to follow specific procedures when presenting tenants with a move-out agreement. It covers the following:

Written Notice: Landlords must provide written notice to tenants at least 30 days before presenting a move-out agreement. The notice must include the tenant’s right to decline the offer and seek legal advice.

Right to Legal Counsel: Tenants have the right to consult with an attorney before signing a move-out agreement. Landlords must provide tenants with a written notice of their right to legal counsel.

3-Day Revocation Period: After signing a move-out agreement, tenants have three days to revoke it. During this period, landlords cannot take any action to enforce the agreement.

What Are the Consequences of Non-Compliance?

Landlords who fail to follow the procedures outlined in the Oakland Tenant Move Out Agreement Ordinance can face significant penalties. This includes:

Monetary Damages: Tenants have the right to sue landlords who violate the ordinance for monetary damages, including attorney fees.

Criminal Penalties: Landlords who intentionally violate the ordinance can face criminal charges and fines of up to $1,000 per day.

How Can Tenants Protect Themselves?

If you’re a tenant in Oakland, there are steps you can take to protect yourself when presented with a move-out agreement. Here are some tips:

Read the Agreement Carefully: Before signing anything, make sure you read and understand the move-out agreement’s terms and conditions.

Consult an Attorney: If you’re not comfortable with the agreement, seek legal advice from an attorney who specializes in tenant rights.

Don’t Sign Under Pressure: Don’t feel pressured to sign the agreement if you’re not comfortable with the terms or if you haven’t had a chance to review it thoroughly.

In Conclusion

The Oakland Tenant Move Out Agreement Ordinance is a significant step forward in protecting tenants’ rights and providing them with the necessary safeguards when signing a move-out agreement. As a tenant, it’s essential to understand your rights and seek legal advice if you’re unsure about anything.