Thirdly, there is also a question of essential importance: if a competent tenant enters into a contract, but the lessor does not contain the necessary language with regard to the disastrous provisions of the regulation, is the omission material and enforceable? If the tenant waives a non-compliant agreement before departure, is there any damage? Given the current housing market in the City of Oakland, any illegal right to evacuation or violation of the by-law can result in significant injury. Lawyers designing these agreements should be particularly careful to analyze the terms proposed by the lessor and ensure that each agreement verifies all the boxes prescribed by the regulation, or that there may be liability for their clients under the regulation. In addition to disclosing to the tenant prior to negotiations, the landlord must also register for the RAP by filing a certification form. This form contains the name and contact information of the owner, the unit that may eventually be the subject of purchase negotiations, the date on which the tenant in the unit received the disclosure form and the data of any other extract agreement “with all current or former tenants of the property” that “were entered into in good faith by the owner.” The certification form is also available on the RAP website. From the date of this article, moving payments are required for landlords who distribute tenants to enter the unit (owner-movement) when tenants are evicted due to code violations, property conversion or when the property is removed from the rental market under the Ellis Act. However, since a buyback can be made without (or instead) these circumstances, it is not certain that this request for payment will be taken into account by this regulation. Donors are therefore advised to pay at least 1 cent more than the sums listed in the single relocation regulation in order to avoid a possible infringement. The tenant may revoke the purchase up to 25 days after signing the contract (but not withdraw as soon as he actually moves). It is justified that the private parties can enter into a voluntary agreement and that an agreement is legally applicable if certain elements are fulfilled, namely the offer, acceptance and consideration. A contract to move tenants duly negotiated exceeds the obligation.

Councillor Dan Kalb, who supported the law with Councillor Abel Guillen and the city`s district attorney`s office, said giving tenants a list of their rights and allowing them to exit agreements within 30 days “is the same as the playing conditions.” Among the obligations of the settlement, a lessor is now required to provide a form drawn up by the City, which defines the tenant`s rights before entering into negotiations on a moving contract. In addition, the owner is also required to submit a form to Oakland`s Revenue Adjustment Program before entering into negotiations to inform the City that the parties will discuss a withdrawal agreement.