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First, the settlement requires that all agreements be in writing and in Spanish or Chinese if the tenant speaks those languages and not English. In the case of a lease that is not in English, the repurchase agreement would be in the language of the lease. If the repurchase agreement is drawn up in several languages, all copies must be presented to the tenant at the same time, instead of making a late translation afterwards. As the name suggests, a tenant buyout agreement (or, in the Oakland vernacular, a moving agreement) is an agreement in which the tenant voluntarily leaves the rental unit for compensation. Moving agreements are particularly attractive when there are no practical legal grounds to force a tenant to leave or avoid cumbersome legal proceedings. The disclosure form that a landlord must provide to the tenant informs them that they are eligible for an unjustified redemption. Fried & Williams, an Oakland-based law firm, advises that tenants can refuse to negotiate a buyout. [2] Tenants can also revoke the redemption up to 25 days after signing the contract, but not before the move. Finally, the document reveals that a tenant may be entitled to relocation payments.

This component is the reason why some supporters of this directive call it the “Cash for Keys” regulation. Tobener Ravenscroft LLP is a full-service tenant rights company representing tenants. This article is provided for general information purposes only. Laws may have changed since the publication of this article. Before acting, please take note of the legal advice provided by our law firm. If you have any questions, please do not hesitate to contact us. -The landlord must give this notice of disclosure to the tenant before starting the moving negotiations. The landlord must also submit the signed moving contract to the rent adjustment program within 45 days of the tenant and landlord signing the moving contract.

As stated in the Tenant Disclosure Form, landlords should be aware that offering more than one buyout to the same tenant within six months is considered harassment within the meaning of the Tenant Protection Order with appropriate penalties. Under the regulation, tenants have the absolute right to revoke an agreement after signing it. By default, tenants can withdraw up to 25 days after signing. However, you can agree to shorten the withdrawal period to 15 days. As of May 2018, the Oakland Tenants` Relocation Agreement protects tenants` rights. This new law applies stricter rules for landlords who try to evict tenants. For example, without this measure, a landlord could casually abandon the issue of a rent increase for a tenant without any indication of the seriousness of the problem. A tired tenant could easily agree with their landlord in an early stair confrontation. Now, the law requires landlords to go through a robust disclosure process and list tenants` rights during negotiations. Even if the settlement is accidentally violated, up to $500 per violation can be incurred. Landlords are no longer allowed to offer tenants informal or local buyouts.

Landlords must conduct a rigorous disclosure process and register with the Oakland Rent Adjustment Program (RAP) before making a buy-back offer. Even an accidental violation of the order can result in penalties of at least $500 per violation, in addition to overlapping violations of the Tenant Protection Order. If the tenant determines that the purchase contract is defective in any way in accordance with the regulations, the withdrawal period is extended to six months. In the written declaration of withdrawal, the tenant must explain the defects of the contract. Upon receipt of the notice of termination, the landlord has 5 days to “return the unit to the tenant or respond with the reasons why the moving contract cannot be cancelled.” However, the regulation also states that a tenant cannot revoke a redemption after moving, even if the redemption was defective. If the parties are conducting buy-back negotiations in a language other than English, the landlord must provide a copy of the buy-back agreement in the appropriate language. These statute of limitations only apply if a landlord and tenant negotiate a buyout by a tenant. This moving by-law should not be confused with the owner`s moving expenses. For more information on the owner`s moving in and moving costs, check out our previous article on the subject. The Oakland City Council passed the Tenants` Relocation Agreements Ordinance (“Ordinance”).

This new law significantly changes the way landlords can target and buy tenants who live in their rental units. Structuring a tenant`s buyout contract was already a legally substantial undertaking, but the Oakland Tenant Relocation Ordinance adds new layers of complexity that must be covered by a lawyer familiar with landlord-tenant law. Bornstein Law deplores the adoption of the regulation because it adds new layers of bureaucracy to an already obstructive process that weighs on small rental owners. The new restrictions on communication create a deeper gap between landlord and tenant, which risks clogging the court system with cases that could be avoided if open communication was not trampled underfoot. Elderly or disabled tenants are still entitled to three times the actual damages or $1,000 for each violation. If the landlord intentionally violates the Oakland Buyout Ordinance, the penalty will be increased to $1,500 per violation. Second, the settlement requires certain literal considerations of tenants` rights under the settlement, which generally correspond to the disclosures required prior to buyout negotiations. It is said that this language is written in 14 points above the tenant`s signature, although it would probably fill at least an entire page by itself.

See sections 8.22.740.B.1 to 6 of the Oakland City Code, available on the RAP website, for the exact language. The prerequisite for any agreement, of course, is to start a conversation and negotiate the dollar amount that makes sense to both parties, but that dialogue will soon be subject to the bylaws the city passed on March 20, which are in addition to Chapter 8.22 of the Oakland City Code. Renter households in rental units that include low-income tenants, elderly or disabled tenants and/or minor children are entitled to a single additional relocation payment of two thousand five hundred dollars ($2,500) per unit from the landlord. As of the date of this section, relocation payments are required for landlords who evict tenants to move into the unit (landlord recovery), when tenants are evicted to remedy violations of the law, after the conversion of a condominium, or when the property is removed from the rental market under Ellis Law. However, given that a redemption can take place without (or instead) any of these circumstances, it is uncertain whether these requested payments will be affected by this Regulation. Owners are therefore advised to pay at least 1 cent more than the amounts listed in the Uniform Moving Ordinance in order to avoid a possible violation. .