Mak v. City of Berkeley Rent Stabilization Board, 240 Cal. App. 4th 60 (2015)

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                                   Factual Background
       On February 23, 2012, the Maks caused to be served on Burns, a long-term tenant
of the Maks’ four-unit residential apartment building in Berkeley, a document entitled
“Notice of Termination of Tenancy.” The notice advised Burns that her tenancy “is
terminated as of sixty (60) days after service on you of this notice” and that possession of
the premises was sought pursuant to Berkeley Municipal Code subsection 13.76.130.A.9.
“The good cause for recovering possession,” the notice stated, “is that the landlord seeks
in good faith with honest intent and without ulterior motive to recover possession for his
use and occupancy as his principal residence for a period of at least 36 consecutive
months. The intended occupant is Jason S. Mak.”
       Negotiations through attorneys for the parties ensued, leading to the entry of an
agreement between the parties on April 23, 2012, the last day of the 60-day period. The
four-page agreement is entitled “Agreement and Release Regarding Vacating of Rented
Premises” and provides in relevant part as follows: “The parties stipulate and
acknowledge that occupant will vacate the premises pursuant to this agreement for the
consideration set forth herein, and not pursuant to a notice given under . . . section 1946.
Any such notices, if given, shall, upon occupant vacating, be conclusively deemed
withdrawn with occupant’s express knowledge and consent as if never given and shall
have no effect whatsoever. The parties agree that by this agreement, occupant is allowing
the owner to occupy the premises, sell the premises, or potentially obtain greater rent
from new prospective ants. Occupant has therefore requested, and owner has therefore
agreed, that owner will pay to occupant [a designated sum, part to be paid within two
days of signing and the balance to be paid upon vacation of the premises]. . . . [¶] . . .
[¶] In the event that occupant fails to timely vacate, then occupant agrees to immediately
return all payments to owner made to occupant pursuant to the terms of this agreement
and release. . . . [¶] . . . As additional consideration for this agreement and release, owner
agrees to waive the rent and unlawful detainer damages for the premises from April 1,
2012 to June 30, 2012 on the express condition that occupant timely vacates the premises