| Required disclosure |
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Yes—written disclosure before making a buyout offer, stating the tenant’s right not to enter, right to consult an attorney, protection from retaliation, right to refuse future offers for six months by written notice and rescind that refusal by written notice, relocation-assistance eligibility and amount, authorized representatives, and signature/date spaces for the tenant and landlord. Applies: Before making a buyout offer; Residential rental tenancies covered by Division 7
§ 98.0707 · code text§98.0707 Buyout Agreements
It is the purpose and intent of section 98.0707 to regulate buyout agreements to
increase the fairness of buyout negotiations and agreements, to ensure that tenants
who enter into buyout agreements are aware of their rights, and to prevent landlords
from contracting around the legal rights and remedies available to tenants under
existing law.
(a) Disclosure Prior to Buyout Offers. Prior to making a buyout offer, the landlord
shall provide each tenant in a residential rental property a written disclosure
that shall include the following:
(1) a statement that the tenant has a right not to enter into a buyout
agreement;
(2) a statement that the tenant may choose to consult with an attorney
before entering into a buyout agreement;
Ch. Art. Div.
9 8 7 16
San Diego Municipal Code Chapter 9: Building, Housing and Sign Regulations
(3-2024)
(3) a statement that the landlord may not retaliate against the tenant for
refusing to enter into or negotiate a buyout agreement;
(4) a statement that all tenants of a residential rental property may refuse
to receive future buyout offers by providing landlord written notice of
their refusal, which shall be effective for six months, and all tenants of
a residential rental property may rescind the refusal to receive future
buyout offers by providing landlord written notice of the rescission;
(5) a statement that the tenant is eligible for relocation assistance and the
amount of the required relocation assistance in section 98.0706(c);
(6) the names of all people authorized to discuss the buyout offer and enter
into a buyout agreement on the landlord’s behalf;
(7) a space for each tenant to sign and write the date the landlord
provided the tenant with the disclosure; and
(8) a space for the landlord to sign and write the date on which the
landlord provided the tenant with the disclosure.
(b) The landlord shall provide each tenant a fully executed copy of the disclosure
form within three days of its execution and retain a copy of each signed
disclosure form for five years, along with a record of the date the landlord
provided the disclosure to each tenant.
(c) Requirements for Buyout Agreements. The landlord shall comply with the
following:
(1) The buyout agreement shall be in writing.
(2) A copy of the buyout agreement shall be given to each tenant at the
time the tenant signs the buyout agreement.
(3) The buyout agreement shall include the following statements in bold
letters in at least 14-point font in close proximity to the space reserved
for the signature of the tenant:
(A) You, the tenant, have a right not to enter into this buyout
agreement.
Ch. Art. Div.
9 8 7 17
San Diego Municipal Code Chapter 9: Building, Housing and Sign Regulations
(3-2024)
(B) If you, the tenant, are entitled to relocation assistance under
federal, state, or local law, a buyout agreement for less than the
amount of the relocation assistance to which you are entitled
violates Chapter 9, Article 8, Division 7 of the San Diego
Municipal Code and is void.
(C) You, the tenant, may choose to consult with an attorney before
signing this agreement.
(4) If the tenant primarily negotiates the buyout agreement or lease, orally
or in writing, in a non-English language, the landlord shall provide the
tenant with an English and a translated version of the buyout
agreement at the same time.
A buyout agreement that does not strictly comply with all the requirements of
section 98.0707(c)(1)-(4) shall be void.
(d) Void Buyout Agreements. Buyout agreements must be for an amount that is
greater than the amount of relocation assistance available to the tenant in
section 98.0706(c). A buyout agreement for less than the amount of relocation
assistance owed to the tenant violates this Division and is void.
(e) No Waiver. The provisions of section 98.0707 may not be waived by a buyout
agreement. Any term of a buyout agreement, lease, contract, or other
agreement which purports to waive or limit a tenant's rights under
section 98.0707 is contrary to public policy, unenforceable, and void.
(“Buyout Agreements” added 5-25-2023 by O-21647 N.S.; effective 6-24-2023.) -
Fully executed copy provided within three days; signed disclosure retained for five years with the date provided. Applies: After execution of the disclosure; Residential rental tenancies covered by Division 7
§ 98.0707 · code textThe landlord shall provide each tenant a fully executed copy of the disclosure form within three days of its execution and retain a copy of each signed disclosure form for five years, along with a record of the date the landlord provided the disclosure to each tenant.
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| Required terms |
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The agreement must be in writing. Applies: Residential rental tenancies covered by Division 7
§ 98.0707 · code textThe buyout agreement shall be in writing. -
A copy must be given to each tenant when the tenant signs the agreement. Applies: Residential rental tenancies covered by Division 7
§ 98.0707 · code textA copy of the buyout agreement shall be given to each tenant at the time the tenant signs the buyout agreement. -
Bold statements in at least 14-point font, close to the tenant signature space, stating: the tenant has a right not to enter the agreement; a buyout below entitled relocation assistance violates the Division and is void; and the tenant may consult an attorney. Applies: Residential rental tenancies covered by Division 7
§ 98.0707 · code text§98.0707 Buyout Agreements
It is the purpose and intent of section 98.0707 to regulate buyout agreements to
increase the fairness of buyout negotiations and agreements, to ensure that tenants
who enter into buyout agreements are aware of their rights, and to prevent landlords
from contracting around the legal rights and remedies available to tenants under
existing law.
(a) Disclosure Prior to Buyout Offers. Prior to making a buyout offer, the landlord
shall provide each tenant in a residential rental property a written disclosure
that shall include the following:
(1) a statement that the tenant has a right not to enter into a buyout
agreement;
(2) a statement that the tenant may choose to consult with an attorney
before entering into a buyout agreement;
Ch. Art. Div.
9 8 7 16
San Diego Municipal Code Chapter 9: Building, Housing and Sign Regulations
(3-2024)
(3) a statement that the landlord may not retaliate against the tenant for
refusing to enter into or negotiate a buyout agreement;
(4) a statement that all tenants of a residential rental property may refuse
to receive future buyout offers by providing landlord written notice of
their refusal, which shall be effective for six months, and all tenants of
a residential rental property may rescind the refusal to receive future
buyout offers by providing landlord written notice of the rescission;
(5) a statement that the tenant is eligible for relocation assistance and the
amount of the required relocation assistance in section 98.0706(c);
(6) the names of all people authorized to discuss the buyout offer and enter
into a buyout agreement on the landlord’s behalf;
(7) a space for each tenant to sign and write the date the landlord
provided the tenant with the disclosure; and
(8) a space for the landlord to sign and write the date on which the
landlord provided the tenant with the disclosure.
(b) The landlord shall provide each tenant a fully executed copy of the disclosure
form within three days of its execution and retain a copy of each signed
disclosure form for five years, along with a record of the date the landlord
provided the disclosure to each tenant.
(c) Requirements for Buyout Agreements. The landlord shall comply with the
following:
(1) The buyout agreement shall be in writing.
(2) A copy of the buyout agreement shall be given to each tenant at the
time the tenant signs the buyout agreement.
(3) The buyout agreement shall include the following statements in bold
letters in at least 14-point font in close proximity to the space reserved
for the signature of the tenant:
(A) You, the tenant, have a right not to enter into this buyout
agreement.
Ch. Art. Div.
9 8 7 17
San Diego Municipal Code Chapter 9: Building, Housing and Sign Regulations
(3-2024)
(B) If you, the tenant, are entitled to relocation assistance under
federal, state, or local law, a buyout agreement for less than the
amount of the relocation assistance to which you are entitled
violates Chapter 9, Article 8, Division 7 of the San Diego
Municipal Code and is void.
(C) You, the tenant, may choose to consult with an attorney before
signing this agreement.
(4) If the tenant primarily negotiates the buyout agreement or lease, orally
or in writing, in a non-English language, the landlord shall provide the
tenant with an English and a translated version of the buyout
agreement at the same time.
A buyout agreement that does not strictly comply with all the requirements of
section 98.0707(c)(1)-(4) shall be void.
(d) Void Buyout Agreements. Buyout agreements must be for an amount that is
greater than the amount of relocation assistance available to the tenant in
section 98.0706(c). A buyout agreement for less than the amount of relocation
assistance owed to the tenant violates this Division and is void.
(e) No Waiver. The provisions of section 98.0707 may not be waived by a buyout
agreement. Any term of a buyout agreement, lease, contract, or other
agreement which purports to waive or limit a tenant's rights under
section 98.0707 is contrary to public policy, unenforceable, and void.
(“Buyout Agreements” added 5-25-2023 by O-21647 N.S.; effective 6-24-2023.) -
English and translated versions provided at the same time. Applies: Tenant primarily negotiates the buyout agreement or lease orally or in writing in a non-English language; Residential rental tenancies covered by Division 7
§ 98.0707 · code textthe landlord shall provide the tenant with an English and a translated version of the buyout agreement at the same time. -
Amount greater than the tenant’s available relocation assistance. Applies: Residential rental tenancies covered by Division 7
§ 98.0707 · code textBuyout agreements must be for an amount that is greater than the amount of relocation assistance available to the tenant in section 98.0706(c).
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