Cash for Keys & Tenant Buyouts in Oakland

A “cash for keys” agreement, also called a tenant buyout or move-out agreement, is a voluntary deal in which a resident agrees to move out permanently in exchange for money or something else of value. In Oakland, these agreements are regulated by the Tenant Move-Out Agreement Ordinance (TMOO, Oakland Municipal Code 8.22.700 and following), in effect since May 1, 2018. The ordinance applies to rental units covered by Oakland’s Just Cause for Eviction rules, which includes most rentals in the city — even some that aren’t rent controlled.

When a Buyout Might Make Sense

A move-out agreement can work when both sides benefit: for example, a resident who already plans to move and would welcome help with moving costs, or an owner planning major work who would rather reach a fair agreement than wait. A buyout is never a substitute for a lawful reason to end a tenancy, and a resident is always free to say no.

What Oakland Requires Before You Negotiate

• Give the disclosure notice first. Before any move-out negotiation, the owner must give each tenant the City’s Notice to Tenants of Move-Out Negotiation Rights, which explains the tenant’s rights in plain language.
• File the owner certification with RAP. The owner must file a certification with the Rent Adjustment Program confirming the notice was provided, before negotiations begin.
• Keep records. The owner must keep a copy of each signed disclosure form (the City’s form says for five years).

What the Agreement Must Allow

• A 25-day right to rescind. The tenant may cancel a signed agreement within 25 days after everyone signs, unless both sides agree in writing to a shorter period of at least 15 days. Rescission must be unanimous among the tenants who signed, and the tenant must not have moved out yet.
• Required content. The agreement must include the statements the ordinance requires. An agreement that doesn’t comply can be rescinded for up to six months.
• The right to consult an attorney before signing, and the right to refuse the offer without retaliation.

After Signing

• The owner must file the signed agreement with the Rent Adjustment Program within the deadline set by the ordinance (the City’s checklist says within 45 days of signing).
• Agreements and related documents filed with the City may be public records, although the City may redact some personal information.

What’s Not Allowed

Oakland’s Tenant Protection Ordinance prohibits harassment. Among other things, an owner may not, in bad faith, offer payments to vacate more than once in six months after the tenant has said in writing that they don’t want further offers, or pair a buyout offer with threats or intimidation. Pressure tactics can expose an owner to serious liability — and they’re simply not how we work.

Buyouts vs. Required Relocation Payments

A buyout is different from the relocation payments Oakland requires for certain no-fault move-outs, such as an owner move-in or the Ellis Act. If a relocation payment would be required, a buyout shouldn’t be used to avoid it. Our rent rules summary lists the current relocation amounts, and RAP can answer questions about what’s required.

How OPM Helps

• Talking through whether a buyout fits your goals, and the alternatives
• Preparing and delivering the City’s disclosure notice and filing the owner certification with RAP
• Coordinating the agreement with your attorney so it includes the required terms
• Communicating with residents respectfully, in writing, and in their preferred language when we can
• Tracking the rescission period, filing the signed agreement with RAP, and keeping complete records

We never pressure residents, and we can’t promise any particular outcome. Every agreement is voluntary.

If You’re a Resident

If you’ve received a buyout offer, you have the right to say no, to take your time, and to talk to an attorney or a RAP housing counselor at (510) 238-3721 before you decide. Saying no can’t be used against you.

Official Sources

• City of Oakland — Checklist for Tenant Move-Out (TMOO requirements)
• City of Oakland — Tenant Protection Ordinance
• Rent Adjustment Program (RAP)
• Uniform Relocation Ordinance

← Back to Specialized Services