§ 8.22.750. Rescission of move out agreements.

A.

Rescission by Right. A tenant shall have the right to rescind a move out agreement for up to twenty-five (25) days after its execution by all parties, unless the parties agree in writing to a shorter rescission period of not less than fifteen (15) days, subject to the requirements in subsection C. and D. below. In order to rescind a move out agreement under this Section, the tenant(s) must notify the owner that the tenant(s) intend(s) to rescind the move out agreement. If the tenant(s) choose(s) to place the statement in the mail, it must be postmarked or otherwise served by the rescission deadline to be effective.

B.

Rescission of Non-Compliant Move Out Agreement.

1.

A move out agreement that does not satisfy all of the requirements of this Article, including containing any required signatures or initials by the parties, may be rescinded by the Tenant within six (6) months of its execution, subject to the requirements of subsection C. and D. below. In any communication to the owner rescinding a non-compliant move out agreement, the tenant must specifically set out the reasons why the tenant believes the move out agreement is non-compliant.

2.

Within five (5) days of receiving a rescission notice, the owner must either offer the unit back to the tenant or respond with reasons why the move out agreement may not be rescinded.

3.

A tenant who rescinds a move out agreement because it is non-compliant and is unable to move back into the unit may seek other remedies against the owner.

C.

In order to rescind a move out agreement, the following conditions must be met:

1.

The decision to rescind must be unanimous by all tenants who are parties to the move out agreement;

2.

The tenant(s) must sign a document indicating their intent to rescind the move out agreement and the basis for the rescission, including any non-compliance with this Article by the owner;

3.

All tenants who are parties to the move out agreement must also agree to refund all monies paid to them under the move out agreement; and

4.

The notice of intent to rescind may be sent by any means through which the parties have agreed to communicate. If the parties have not agreed to a particular mode of communication, the tenant(s) must either personally serve the property owner with the notice or send the notice by registered and first class mail to the last known address of the owner. If the document is returned undelivered, the Tenant(s) must use reasonable means to notify the owner of the rescission.

D.

A rescission is not effective if the tenant has moved out of the unit.

(Ord. No. 13483, § 1, 4-17-2018)