Oakland Mun. Code Chapter 8.22 § 8.22.180
Non-waiverability (Oakland Rent Adjustment Program and Just Cause for Eviction Ordinances)
Operative Text
Any provision, whether oral or written, in or pertaining to a rental agreement whereby any provision of this Chapter is waived or modified, is against public policy and void.
Oakland Municipal Code § 8.22.180 establishes that the protections created by Chapter 8.22 cannot be signed away or altered through any rental agreement, whether spoken or written. If a lease clause or side agreement attempts to waive or modify these protections, that clause is considered void as a matter of public policy. The rest of the rental agreement can remain intact even if such a clause is struck down.
Plain English — not legal advice.
Under § 8.22.180, lease terms or side agreements that attempt to have tenants give up or modify their Chapter 8.22 rights are unenforceable from the outset, regardless of whether a tenant agreed to them. Compliant operators generally review their lease language to ensure no clause conflicts with or purports to override the Chapter's protections.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 8.22.180 means that even if your rental agreement contains language waiving your Chapter 8.22 rights, that language carries no legal weight. Tenants who encounter such clauses may raise the provision's non-waiverability as a defense in a dispute, file a complaint with Oakland's rent program, or consult a tenant-rights organization to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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