Tenant Move Out Agreement Ordinance Oakland

Tenant Move Out Agreement Ordinance in Oakland: What You Need to Know

If you`re a landlord or a tenant in Oakland, California, one important law you should be aware of is the Tenant Move Out Agreement Ordinance (TMOA). This ordinance was passed in July 2020 and aims to protect tenants from being coerced or forced to sign move-out agreements that waive their legal rights.

What is a Move Out Agreement?

A move-out agreement is a document that a landlord and a tenant sign when the tenant is planning to vacate the rental unit. This agreement typically includes a release of any claims the tenant may have against the landlord, as well as terms for returning the security deposit and ending the tenancy.

Why was the TMOA Passed?

Before the TMOA was passed, some landlords in Oakland were using move-out agreements to avoid going through the eviction process and to pressure tenants to leave their rental units without receiving any compensation or legal recourse. Tenants were often forced to sign these agreements without fully understanding their rights or the consequences of signing.

What Does the TMOA Do?

The TMOA requires landlords to give tenants a written notice about their rights before offering them a move-out agreement. This notice must explain that tenants have the right to refuse to sign a move-out agreement and that doing so could waive their legal rights, including the right to relocation assistance if they are being evicted.

In addition, the TMOA requires landlords to provide a copy of the move-out agreement to the tenant at least 25 days before the move-out date. If the tenant chooses to sign the agreement, they have seven days to rescind the agreement without penalty.

The TMOA also prohibits landlords from retaliating against tenants who refuse to sign a move-out agreement or who assert their rights under the ordinance.

What Are the Penalties for Non-Compliance?

Landlords who violate the TMOA can face penalties, including fines of up to $1,000 per violation. In addition, tenants can sue their landlords for damages if they believe their rights under the TMOA have been violated.

Final Thoughts

If you`re a landlord or a tenant in Oakland, it`s crucial to understand the Tenant Move Out Agreement Ordinance and how it applies to your situation. As a landlord, make sure to provide tenants with the required notice and documents and avoid pressuring them to sign a move-out agreement. As a tenant, know your rights and don`t sign any paperwork without fully understanding what you`re agreeing to.