Advise on owner move in duplex in San Jose and lawyer?

Advise on owner move in duplex in San Jose and lawyer?

Rental Property Investor · Member since 2019 · 137 posts · 42 votes

Hi everyone, 

I am looking into a duplex in San Jose. The front unit (one story) is currently vacant. The back unit is occupied by a family who has been living there since 2007. They pay about $1000 under market rent. The back unit has one more bathroom and are also two stories. 

I am wondering if I can do an owner move in eviction to move into the back unit. My questions are: 

1) Some people say if they have lived there for more than 10 years. Then they are protected class and I can not evict them. Is this true? 

2) Some people say if they live there before I move in. Then I can not evict them. Is this true? 

3) I read that the California and San Jose rent control do not apply to duplex. However, if they are protected classes, you can not evict them without just cause. Is this correct? 

4) The front unit is one story. The back unit is 2 story and has one extra bathroom. Are they being considered as comparable units or not? 

5) Any recommendations on a good eviction lawyer who is familiar with San Jose? 

Thanks! Any insight would be greatly appreciated. 

Best,

Jin 

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Investor · San Jose, CA · Member since 2018 · 313 posts · 230 votes
5y

You should talk to an attorney.  Hand down, the best folks to talk to are https://toddrothbardlaw.com/

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  • Real Estate Broker · San Jose, Dublin CA and Florida · Member since 2017 · 165 posts · 48 votes
    5y

    @Jin Zhang - Your realtor in the transaction should be able to help you with these questions. They have access to the legal hotline for being part of CAR/NAR.

  • Investor · San Jose, CA · Member since 2018 · 313 posts · 230 votes
    5y

    You should talk to an attorney.  Hand down, the best folks to talk to are https://toddrothbardlaw.com/

  • Member since 2019 · 7k+ posts · 4k+ votes
    5y

    Ethically, try not to evict them but help them with cost of moving and give them one month free rent. I cancelled many of my bay area MF duplex just because of this. They're good honest family that has been renting for so long and so cheap. But they're good people. Rather than eviction just give them cash for move.

  • Chad HalePro Member
    Property Manager / Investor · San Jose, CA · Member since 2013 · 780 posts · 301 votes
    5y

    @Jin Zhang  duplexes fall under CA rent control unless you are living in one side and a few other caveats.  They do not fall under San Jose rent control.  That applies to tri-plexes or bigger built before September 7, 1979.

    Agree with @Brian Larson call Todd Rothbard and Associates for legal help.  You also have COVID stuff to navigate beyond the normal laws.

  • Rental Property Investor · Member since 2019 · 137 posts · 42 votes
    5y
    Originally posted by @Rick Trivedi:

    @Jin Zhang - Your realtor in the transaction should be able to help you with these questions. They have access to the legal hotline for being part of CAR/NAR.

    Thanks for letting me know! This is great info! 

  • Rental Property Investor · Member since 2019 · 137 posts · 42 votes
    5y
    Originally posted by @Brian Larson:

    You should talk to an attorney.  Hand down, the best folks to talk to are https://toddrothbardlaw.com/

    Thanks for the recommendation!  

  • Rental Property Investor · Member since 2019 · 137 posts · 42 votes
    5y
    Originally posted by @Carlos Ptriawan:

    Ethically, try not to evict them but help them with cost of moving and give them one month free rent. I cancelled many of my bay area MF duplex just because of this. They're good honest family that has been renting for so long and so cheap. But they're good people. Rather than eviction just give them cash for move.

    I absolutely agree with you. If I can, I will definitely help them to move out with what I can. This post is just to help me understand how the worst situation will play out and if I have any legal ground to win the case when it happens. 

  • Rental Property Investor · Member since 2019 · 137 posts · 42 votes
    5y
    Originally posted by @Chad Hale:

    @Jin Zhang  duplexes fall under CA rent control unless you are living in one side and a few other caveats.  They do not fall under San Jose rent control.  That applies to tri-plexes or bigger built before September 7, 1979.

    Agree with @Brian Larson call Todd Rothbard and Associates for legal help.  You also have COVID stuff to navigate beyond the normal laws.

    Thanks for the info! I do plan to move into one unit. What are the other caveats? It would be great if you can share more information. Thanks! 

  • Chad HalePro Member
    Property Manager / Investor · San Jose, CA · Member since 2013 · 780 posts · 301 votes
    5y

    @Jin Zhang  Have a look at AB 1482 for the complete info on California rent control

  • Member since 2019 · 7k+ posts · 4k+ votes
    5y

    Jin during your purchase, do you talk to the tenant? I always do and that's a very important process. This is the human aspect that I found very hard too. 

  • Rental Property Investor · Member since 2019 · 137 posts · 42 votes
    5y

    @Carlos Ptriawan

    Hi Carlos, could I talk to the tenant? Is it legal for me to do it? Thanks!

  • Member since 2019 · 7k+ posts · 4k+ votes
    5y

    I always talk to my prospective tenant prior to submitting a bid as my decision will impact their life. I talk to them mainly about their complaint about the house and their expectation. There're few times where the tenant mentioned to me they could be homeless when the house is sold. I immediately stopped buying. It's not worth causing trouble to a good family. So I only buy where tenant and seller cooperate well with me.

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