§ 8.22.780. Miscellaneous.

A.

Non-Waivability. The provisions of this Tenant Move Out Agreement Ordinance may not be waived. Any term of any move out agreement, lease, contract, or other agreement which purports to waive or limit a tenant's substantive or procedural rights under this Tenant Move Out Agreement Ordinance is contrary to public policy, unenforceable, and void.

B.

Waiver of Other Tenant Rights. Where a tenant has a non-waivable right under other Oakland, state, or federal laws, a tenant cannot waive such a right in a move out agreement, including any rights or options to return to the rental unit.

C.

Service of Notices. Notices under this Chapter must be served by registered and first class mail or by personal service, unless the owner and tenant agree on another form of service, such as email or facsimile. Notices served by mail are deemed received five (5) days after mailing. All other forms of service are deemed received on the date of receipt unless the owner and tenant agree otherwise. If a notice is served by more than one (1) method, the notice is deemed received on the earliest receipt date.

D.

Retaliation Prohibited. Retaliation against a tenant because of the Tenant's exercise of rights under the Tenant Move Out Agreement Ordinance is prohibited and constitutes a violation of this Article. Retaliation claims may only be brought in court and may not be addressed administratively.

E.

Rules and Regulations. The rent board is authorized to create and amend rules and regulations consistent with this Article.

F.

Forms and Informational Materials. The City Administrator is authorized to develop forms, informational, and instructional materials to assist owners and tenants in complying with this Chapter.

(Ord. No. 13483, § 1, 4-17-2018)