Underwriter issue with Oakland Duplex

[Bruce Palomarez]

Currently in Escrow to sell my Oakland duplex. The buyer is looking to move into one unit and his family into the other. This is an FHA loan and we are now past the 40 day mark and all contingencies have been removed.

On the day before we are due to close the underwriter wants a guarantee that the tenants will be vacated in 60 days. Considering the rent control laws, I myself cannot issue the owner move in notice because I am not the one who wants to move in. The buyer can't issue any notice because he is not on title. Any advice/experience with an issue like this?