Misrepresent to a Tenant that they are required to vacate a Rental Unit or otherwise
entice a Tenant to vacate a Rental Unit through misrepresentations or concealment
of material facts;
21.
Force a Tenant to vacate their Rental Unit and reregister in order to avoid classification
as a tenant under Civil Code 1940.1. Forced vacation can be implied from the totality
of the circumstances;
22.
Other repeated acts or omissions of such significance as to substantially interfere
with or disturb the comfort, repose, peace or quiet of any person lawfully entitled
to occupancy of such dwelling unit and that cause, are likely to cause, or are intended
to cause any person lawfully entitled to occupancy of a dwelling unit to vacate such
dwelling unit or to surrender or waive any rights in relation to such occupancy.
B.
Retaliation Prohibited. Retaliation against a Tenant because of the Tenant's exercise
of rights under the TPO is prohibited. Retaliation claims may only be brought in court
and may not be addressed administratively. A court may consider the protections afforded
by the TPO in evaluating a claim of retaliation.
C.
Evictions. Nothing in the TPO shall be construed as to prevent an Owner from lawfully
evicting a Tenant pursuant to state law or Oakland's Just Cause for Eviction Ordinance.
(O.M.C. 8.22.300, et seq.).
D.
Rent Adjustments. Nothing in the TPO shall be construed as to prevent an Owner from
lawfully increasing a Tenant's rent pursuant to state law or Oakland's Rent Adjustment
Ordinance (O.M.C. 8.22.100, et seq.), and such increases shall not be deemed violations of Section 8.22.640 of the TPO.
E.
Notice to Tenants.
1.
Commencement.
a.