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Buyout agreements in Berkeley

City rule: a written disclosure must precede a buyout offer on a controlled unit; the tenant may cancel up to 30 days after signing.

Key points

  • Buyouts: City rule: a written disclosure must precede a buyout offer on a controlled unit; the tenant may cancel up to 30 days after signing.

Each rule below links to the section of the Berkeley Municipal Code it was read from, with the code text one click away (checked October 2026). General information, not legal advice.

What Berkeley's code says

Berkeley code What Berkeley's code adds
Required disclosure
  • Yes. The landlord must give a written disclosure on a City or Rent Stabilization Board form before a buyout offer.
    Applies: For a buyout offer on a controlled rental unit.
    § 13.79.050 · code text
    Prior to making a buyout offer for a controlled rental unit, the landlord shall provide each tenant in that unit a written disclosure, on a form developed and authorized by the City or Rent Stabilization Board
Filing with the city
  • Yes. The landlord must give the Rent Stabilization Board a copy no sooner than day 31 and no later than day 60.
    Applies: Days count from when all parties sign the buyout agreement.
    § 13.79.050 · code text
    The landlord shall provide a copy of the buyout agreement to the Rent Stabilization Board no sooner than the thirty-first day after the buyout agreement is executed by all parties, and no later than sixty days after the agreement is executed by all parties.
Required terms
  • The disclosure must say the tenant has a right not to enter into a buyout agreement.
    Applies: Disclosure given before a buyout offer for a controlled rental unit.
    § 13.79.050 · code text
    A statement that the tenant has a right not to enter into a buyout agreement;
  • The disclosure must say the tenant may choose to consult an attorney before entering a buyout agreement.
    Applies: Disclosure given before a buyout offer for a controlled rental unit.
    § 13.79.050 · code text
    A statement that the tenant may choose to consult with an attorney before entering into a buyout agreement;
  • The disclosure must say the tenant may cancel the buyout agreement for up to 30 days after full signing.
    Applies: Disclosure given before a buyout offer for a controlled rental unit.
    § 13.79.050 · code text
    A statement that the tenant may rescind the buyout agreement for up to thirty days after it is fully executed;
  • The disclosure must say the tenant may consult the Rent Stabilization Board about the buyout agreement.
    Applies: Disclosure given before a buyout offer for a controlled rental unit.
    § 13.79.050 · code text
    A statement that the tenant may consult the Rent Stabilization Board with respect to the buyout agreement;
  • The disclosure must have a space for each tenant to sign and write the date the landlord gave it.
    Applies: Disclosure given before a buyout offer for a controlled rental unit.
    § 13.79.050 · code text
    A space for each tenant to sign and write the date the landlord provided the tenant with the disclosure.
  • The agreement must be in writing, with listed statements in bold, at least 14-point type, near the tenant's signature.
    § 13.79.050 · code text
    Every buyout agreement shall be in writing and include the following statements in bold letters in at least fourteen-point type in close proximity to the space reserved for the signature of the tenant(s):
  • The agreement must state: you may cancel in writing any time before the thirtieth day after all parties sign.
    Applies: Required in every written buyout agreement.
    § 13.79.050 · code text
    You may cancel this agreement in writing at any time before the thirtieth day after all parties have signed this agreement.
  • The agreement must state: you have a right not to enter into a buyout agreement.
    Applies: Required in every written buyout agreement.
    § 13.79.050 · code text
    You have a right not to enter into a buyout agreement.
  • The agreement must state: you may choose to consult an attorney or the Rent Stabilization Board before signing.
    Applies: Required in every written buyout agreement.
    § 13.79.050 · code text
    You may choose to consult with an attorney or the Rent Stabilization Board before signing this agreement.
  • The agreement must state: the Rent Stabilization Board may have information about other buyout agreements in your neighborhood.
    Applies: Required in every written buyout agreement.
    § 13.79.050 · code text
    The Rent Stabilization Board may have information about other buyout agreements in your neighborhood.
Time to cancel
  • The tenant has 30 days to cancel the buyout agreement.
    Applies: Counts from signing by all parties. The tenant must hand-deliver, email or mail a cancellation statement to the landlord no later than the 30th day.
    § 13.79.050 · code text
    A tenant shall have the right to rescind a buyout agreement for up to thirty days after its execution by all parties.

Also in Berkeley's code: Tenant Protections: Automatically Renewing Leases and Buyout Agreements (Ch. 13.79). This page does not summarize it yet.

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General information, not legal advice.

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