§ 8.22.740. Requirements for move out agreements.

A.

Every move out agreement shall be in writing.

1.

If the tenant is proficient in Spanish or Chinese and is not proficient in English, the owner shall make a copy of the move out agreement available in the tenant's language of proficiency. If the owner negotiated the terms of the rental agreement in a non-English language, the owner shall make a copy of the move out agreement available in that language. The owner shall provide the tenant with the non-English copy of the agreement at the same time that the move out agreement is presented to the tenant.

2.

Immediately after the parties execute the move out agreement, the owner shall give each tenant a copy of the fully executed agreement to retain for the tenant's records. The owner will provide and retain a proof of service of the executed move out agreement.

B.

Every move out agreement shall include the following statements in a size equal to or at least fourteen (14) point type in close proximity to the space reserved for the signature of the tenant(s):

1.

"You, the tenant, may cancel this agreement in writing at any time up to and including the twenty-fifth (25th) day after all parties have signed this agreement, unless you, any other tenants who signed the agreement, and your landlord agree in writing to a shorter rescission period of not less than fifteen (15) days. However, rescission is not effective if you have moved out. To cancel this agreement, send notification of your intent to rescind to the Owner by any means through which you have agreed to communicate. If you have not agreed to a particular mode of communication, either personally serve the Owner with the notice or send the notice by registered and first class mail to the last known address of the property owner. If the document is returned undelivered, use reasonable means to notify the Owner of the rescission."

2.

"You have a right not to enter into a Move Out Agreement."

3.

"If you are entitled to relocation payments under federal, state, or local law, a Move Out Agreement for less than the amount of the relocation payments to which you are entitled violates Oakland's Tenant Move Out Agreement Ordinance (O.M.C. 8.22.700 et seq.) and is voidable by you."

4.

"You may choose to consult with an attorney and/or a tenants' rights organization before signing this agreement."

5.

"Owners who fail to comply with the requirements of Oakland's Tenant Move Out Agreement Ordinance (O.M.C. 8.22.700, et seq.) may be subject to more significant penalties if the tenant is elderly, disabled, or catastrophically ill. As defined in the Ordinance, elderly tenants are sixty (60) years of age or older. Tenants are disabled if they are disabled under Section 12926 of the California Government Code. Tenants are catastrophically ill if they are both disabled under Section 12926 of the California Government Code and suffering from a life-threatening illness, as certified by their primary care physician. Do you believe that you are elderly, disabled, or catastrophically ill as those terms are defined above? Yes ___ No ___ I don't know ___ I prefer not to say ___."

6.

"Owners who recover possession of a rental unit pursuant to Sections 8.22.360 A.8. (owner move-back), A.9. (owner or relative occupancy), A.10. (repairs), and A.11. (taking the property off the rental market) of the Oakland Municipal Code must comply with certain requirements. In the 180 days preceding execution of this agreement, did you (the owner), or any of your agents or representatives either a) issue a notice terminating tenancy to any of the tenants who are parties to this agreement or b) otherwise communicate orally or in writing to any of those tenants that you intended to recover possession of the unit under any of these O.M.C. Sections? Yes ___ No ___. If so, which section? ___."

Immediately after Items 1-4, there shall be a line for each tenant to affix their initials. the question listed as item 5 shall appear in the move out agreement once for each tenant who is a party to the move out agreement. A space for the tenant to affix their initials shall be provided next to the question. The question listed as item 6 shall be answered by the owner under penalty of perjury.

C.

Move out agreements must be for greater than the amount of the relocation payments to which the tenant may be entitled under Oakland, state, or federal law. Move out agreements for less than the amount to which the tenant is entitled in relocation payments are in violation of this Article and can be regarded by the tenant as non-compliant move out agreements.

(Ord. No. 13483, § 1, 4-17-2018)