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

[Jin Zhang]

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 

[Brian Larson]

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