When is it legal to ask your tenants to move out?

Question

Hi!

We own a multi unit property in Los Angeles Ca. Front house and a duplex in the back. The duplex in the back has been rented since 2012 by amazing tenants who have been paying their rent on time every month. However, we want to ask them to leave so that my brother can move into one of the units and my parents can move into the 2nd unit. Is this ok to do? What legal and valid concerns will the tenants have against us should they wish to sue us for asking them to leave? And what if this is our true intent but my parents decide after asking the tenants to leave that they no longer want to live in the unit and we end up renting it out to new tenants? Can the old tenants come back to us and say we tricked them into thinking it was for family reasons but actually not?

My dad recently had a health scare and we wish for him to live closer to us. We live in the front house. But the unit behind us is a two-story duplex and my dad is contemplating if that is right for him or not. And that's why we're not sure. We would like for him to move in but we're not entirely sure yet.

Would appreciate some advice, especially since CA laws are more tenant friendly than landlord friendly!

Kat Hughes · Answer

Hi Shiva,

Thank you! Yes, would definitely love to check out your referral. :) I think it might be a good idea for me to talk to at least 2-3 professionals who are local and familiar with these laws so I can get a few inputs and see what the general consensus is.

Kat Hughes · Answer

Hi Charles,

Thanks for your input, and yes they are month to month. Would love your referral!

Kat Hughes · Answer

Thanks for your input! I appreciate it :)

Shiva Bhaskar · Answer

Hi Kat, moving in family is permitted, but depending on age of tenants, how long they have been there, you may owe them relocation fees. I am a local multifamily investor, and a lawyer also. Happy to share info of a colleague who represents landlords, and can offer advise on this. just DM me / connect and will send over.

Charles Renn · Answer

Hi Kat,

Great questions. I assume the tenant is month-to-month which should make it an easier process, but I would suggestion consulting a real estate lawyer about the situation. The small amount it might cost can provide more clarity and set expectations as you move forward.

I can share with you a referral if you'd like.

Good Luck!

Bjorn Ahlblad · Answer

As long as the units will be occupied by immediate family you are OK even in LA proper is my understanding. I believe the notice period is 60 days. In California. I am not a lawyer; but pretty sure of this information.

If immediate family does not move in you will have a problem if your tenants feel they have been wronged. No idea what the consequences might be-but severe you can be sure.

When is it legal to ask your tenants to move out?

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