Displacing tenants for landlord use

[Chantelle Lewis]

Hello! I am a first time home buyer in Los Angeles county and I am looking to buy a duplex owner occupied. Most properties I have come across are tenant occupied so I would have to displace a tenant to move in. Has anyone successfully done this during COVID? I’m curious how big of a barrier that will be and what rights the tenant has. 

[Shiva Bhaskar]

Hi Chantelle. Are you in Los Angeles city or Los Angeles County? If not in the city, which city within the county are you purchasing in? The reason I ask is that the answer depends.

In city of Los Angeles, properties built on October 1, 1978 or earlier are covered by the rent stabilization laws. Under these laws, there must be "just cause" or specific legal reasons for removal of a tenant. Owner occupancy in a duplex would certainly qualify, but you'll have to pay relocation fees to the tenant, and file a declaration and give some time before moving them out. These relocation fees are typically thousands of dollars (sometimes tens of thousands).  

If you're not in the city of Los Angeles, then it depends on city. I think Santa Monica and West Hollywood have special rules. Other than that, the state law applies. State law does allow you to move out a tenant for your occupancy, but you'll want to check on the specific rules. I do know a very good landlord attorney in Los Angeles who helped another friend of mine who owns a duplex and lives in one. Feel free to DM me and can share his information.