CHAPTER 44 ARTICLE V.: MANDATORY RIGHT OF FIRSTREFUSAL AND MANDATORY OFFER OF RESIDENTIALLEASE

This article excludes:

  • Subleases with a duration of less than one year
  • Units where the provision of housing is tied to employment
  • Legally operated vacation rentals

Sec. 44-27 — Mandatory right of first refusal: What it means for tenants

  • If you’re forced to move out due to a no-fault eviction (ex. for landlord-ordered renovations), you have the right to move back in once the unit is ready within 2 years, as long as:
    • You give your landlord your current contact information
    • You accept the written offer to return to and rent the unit within 30 days of receiving it
  • The offer must include:
    • The new rental price, the proposed terms, and security deposit requirements
  • Essentially, if your unit becomes available again within two years after a no-fault eviction, your landlord has to offer it to you first.

Sec. 44-28 — Mandatory offer of residential lease: What it means for tenants

  • This section grants tenants the right to a written lease of at least one year if they wish to rent or continue renting a unit. It specifies the conditions that must occur in this situation:
    • Written lease offer required:
      • If a landlord wants to rent a unit to you, they must offer it in writing for a minimum of one year.
    • Accepting the offer:
      • If you agree, you must sign the offer and date it. The written signature of a one-year lease counts as proof that you accepted.
    • Rejecting the offer:
      • If you reject the lease, it must be in writing and signed using a county-approved form (i.e. one made available through the county’s website or one prepared by the owner or tenant to communicate the rejection).
      • Once you reject it, you can still rent the unit under different conditions (i.e. less than one year), but the landlord must prove they gave you the initial one-year lease offer.
    • Rent cannot change during the lease:
      • Once the lease is signed (and is a minimum of one year), the rent amount is set for the full term
    • Lease renewal rules:
      • If you and your landlord wish to continue your lease:
        • One-year leases must be offered again annually
        • Longer leases must be renewable for at least one year
        • If you rejected the original one-year lease but stayed for one year, the landlord must offer it to you again
    • Ending the rental relationship:
      • If your landlord doesn’t want to continue renting to you, they must offer a mediation session with a neutral third party. This session is optional, not binding, and won’t affect your rights.
    • No written lease yet?
      • If you’re renting without a lease, your landlord must offer you a one-year written lease within 90 days of this ordinance taking effect.

What this article means for you:

  • This section grants you the right to return to your unit after a no-fault eviction if the unit becomes available again.
  • You have the right to a stable, one-year written lease, which helps to prevent unexpected rent hikes or terminations.
  • If you reject a one-year lease, it must be formally documented, but you can still stay at that unit under other terms that you must work out with your landlord.
  • Landlords must give proper notice, and tenants can request mediation, if a lease relationship is ending.

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