question about owner move in eviction in California

[Gin Zhuang]

Hi everyone,

I have a quick question about how to the current sentence in CA rent control.

“NO-FAULT” JUST CAUSES

1. Intent by the owner or owner-relative to occupy the unit. This includes the owner’s spouse, domestic partner, children, grandchildren, parents, or grandparents only. For leases entered into on or after July 1 2020, the owner would only be permitted to occupy the unit, if the renter agrees in writing to the lease termination or the lease includes a provision providing for lease termination based on owner or owner-relative occupancy;

I am under contract with a duplex. I want to move into a unit. It is currently occupied by a family who has been living there since 2007. Their lease does not have a provision for lease termination. Could I remove them based on the above no fault just cause? What does the highlighted sentence mean?  Their old lease was signed in 2007. If I take over the property, does it mean that our lease is entered in 2021? Based on the bold sentence, I can not move them out unless they agree? Or even though I am the new owner, since the original lease started in 2007, I can still remove them based on owner move in? Any insight would be greatly appreciated! 

[Jon Schwartz]

@Gin Zhuang, the tenants’ lease is from 2007, so the bold sentence does not apply. You have the right to relocate them and move in.

However, check with your city and county eviction moratorium, if either is still in place. In Los Angeles, for example, the eviction moratorium that’s still in place prohibits any kind of eviction, including for an owner-occupant.

Good luck!

Jon