Oakland Mun. Code Chapter 8.22 § 8.22.750

Rescission of move out agreements (Oakland Rent Adjustment Program and Just Cause for Eviction Ordinances)

In Force
Verified 6/11/2026 · Next check 9/9/2026
OaklandCash for Keys

Operative Text

Oakland Mun. Code Chapter 8.22 § 8.22.750
A. Rescission by Right. A tenant shall have the right to rescind a move out agreement for up to twenty-five (25) days after its execution by all parties, unless the parties agree in writing to a shorter rescission period of not less than fifteen (15) days, subject to the requirements in subsection C. and D. below. In order to rescind a move out agreement under this Section, the tenant(s) must notify the owner that the tenant(s) intend(s) to rescind the move out agreement. If the tenant(s) choose(s) to place the statement in the mail, it must be postmarked or otherwise served by the rescission deadline to be effective.
B. Rescission of Non-Compliant Move Out Agreement.
1. A move out agreement that does not satisfy all of the requirements of this Article, including containing any required signatures or initials by the parties, may be rescinded by the Tenant within six (6) months of its execution, subject to the requirements of subsection C. and D. below. In any communication to the owner rescinding a non-compliant move out agreement, the tenant must specifically set out the reasons why the tenant believes the move out agreement is non-compliant.
2. Within five (5) days of receiving a rescission notice, the owner must either offer the unit back to the tenant or respond with reasons why the move out agreement may not be rescinded.
3. A tenant who rescinds a move out agreement because it is non-compliant and is unable to move back into the unit may seek other remedies against the owner.
C. In order to rescind a move out agreement, the following conditions must be met:
1. The decision to rescind must be unanimous by all tenants who are parties to the move out agreement;
2. The tenant(s) must sign a document indicating their intent to rescind the move out agreement and the basis for the rescission, including any non-compliance with this Article by the owner;
3. All tenants who are parties to the move out agreement must also agree to refund all monies paid to them under the move out agreement; and
4. The notice of intent to rescind may be sent by any means through which the parties have agreed to communicate. If the parties have not agreed to a particular mode of communication, the tenant(s) must either personally serve the property owner with the notice or send the notice by registered and first class mail to the last known address of the owner. If the document is returned undelivered, the Tenant(s) must use reasonable means to notify the owner of the rescission.
D. A rescission is not effective if the tenant has moved out of the unit.
Source: Legislative text reproduced verbatim
Plain English

Under Oakland Mun. Code § 8.22.750, a tenant who has signed a move-out agreement retains the right to cancel it within 25 days of execution—or within a shorter window of at least 15 days if the parties agree in writing. A move-out agreement that fails to meet the article's requirements can be rescinded within six months, provided the tenant identifies the specific deficiencies. Rescission requires unanimous consent of all tenant parties, a signed statement of intent, and a refund of any money received, and it is only effective if the tenant has not yet vacated the unit.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 3, 2026

Plain English — not legal advice.

For Property Managers

Operators subject to Oakland Mun. Code § 8.22.750 generally ensure that every move-out agreement fully complies with the article's requirements—including all required signatures and initials—to avoid the extended six-month rescission window that applies to non-compliant agreements. Upon receiving any rescission notice, a compliant owner responds within five days by either offering the unit back or providing written reasons why rescission is not available. Keeping clear records of agreement execution dates and all communications helps owners track applicable rescission deadlines.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Oakland Mun. Code § 8.22.750 gives tenants who have signed a move-out agreement a window of up to 25 days to cancel it, and a longer six-month window if the agreement failed to meet the article's technical requirements. To exercise this right, all tenants on the agreement must agree, sign a rescission notice stating the reasons, and return any money paid—and the rescission is only valid if you have not yet moved out. Tenants who believe a non-compliant agreement has been improperly enforced may explore remedies through a tenant-rights organization or by raising the violation in any relevant proceeding.

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 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

No inbound references recorded yet for this provision.

Related Rules

§ 8.22.740
Requirements for move out agreements
§ 17.23.117
Buyout offer
§ 17.23.700
Purpose

Source Information

Snapshot SHA:
Fetched:Jun 11, 2026, 03:38 AM UTC