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)