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Rent Stabilization Board
Rent Stabilization Board

NEW TENANT BUYOUT ORDINANCE

Effective April 30, 2016, the City of Berkeley has enacted new rights and obligations to tenants and landlords entering into "buyout" agreements. Such agreements include any promise to permanently vacate a controlled rental unit in Berkeley for compensation from the landlord. Landlords must provide tenants with a written disclosure of tenants' rights prepared by the Rent Board prior to making any buyout offer. Tenants have the right to rescind any buyout agreement at any time during the first 30 days after all parties sign. 

Mandatory language regarding the right to rescind must be included in the agreement itself. After the 30 day window to rescind has expired, the landlord must file the buyout agreement with the Rent Board (no later than 60 days after all parties sign). Failure to comply with any of the provisions above renders the agreement voidable at the option of the tenant at any time.

The Rent Board will maintain records of buyout agreements, with personally identifying information kept confidential, as public records, publishing data regarding buyouts periodically. These provisions do not apply to an agreement to settle a pending unlawful detainer case.  

An overview of the Buyout Ordinance and the mandatory Buyout Agreement Disclosure Form are available at the links below:

 

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Rent Stabilization Board, 2125 Milvia Street, Berkeley, CA 94704
Questions or comments? Email: rent@cityofberkeley.info Phone: (510) 981-7368
(510) 981-CITY/2489 or 311 from any landline in Berkeley
TTY: (510) 981-6903
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