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! 

[Dustin Allen]

@Gin Zhuang

Your contract should be for an owner occupied purchase. The contract should also specify that the seller deliver the property to you with the unit vacant. If they don’t deliver it with the unit vacant, they aren’t performing the contract as agreed. My experience has been that owner occupied purchases are the one way you can remove a tenant these days. However, some listing agents/sellers still act like they can’t remove anyone under any circumstances.

This should all be in your contract. If you’re using an Agent, you should be discussing this with them immediately.

[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

[Gin Zhuang]

Originally posted by @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

Hi Jon, 

Thank you for the input! This is helpful. That is what I believe so. But I could not found any text to support it. However, I believe that I found it in 1946.2. 

(A) (i) Intent to occupy the residential real property by the owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents.

(ii) For leases entered into on or after July 1, 2020, clause (i) shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the lease allows the owner to terminate the lease if the owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the residential real property. Addition of a provision allowing the owner to terminate the lease as described in this clause to a new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1).

(E) The tenant had a written lease that terminated on or after January 1, 2020, and after a written request or demand from the owner, the tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this section or any other provision of law.

It seems like I can sign a new lease with them to add in the owner move in termination clause. They can either agree. Then I can move in and move them out based on 1946A(ii). If they do not agree and do not sign, I can move them out based on 1946 E. 

My question is that I do not intend to sign a new lease with them when I become the owner. I could not find any text to support evicting the tenants as a new owner. In this case, I can only sign a new lease and then move them out. It seems pretty redundant. Do you see any text supporting a new owner move in eviction to be justified? 

Thanks,

Jin  

[Jon Schwartz]

Originally posted by @Gin Zhuang:

Originally posted by @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

Hi Jon, 

Thank you for the input! This is helpful. That is what I believe so. But I could not found any text to support it. However, I believe that I found it in 1946.2. 

(A) (i) Intent to occupy the residential real property by the owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents.

(ii) For leases entered into on or after July 1, 2020, clause (i) shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the lease allows the owner to terminate the lease if the owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the residential real property. Addition of a provision allowing the owner to terminate the lease as described in this clause to a new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1).

(E) The tenant had a written lease that terminated on or after January 1, 2020, and after a written request or demand from the owner, the tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this section or any other provision of law.

It seems like I can sign a new lease with them to add in the owner move in termination clause. They can either agree. Then I can move in and move them out based on 1946A(ii). If they do not agree and do not sign, I can move them out based on 1946 E. 

My question is that I do not intend to sign a new lease with them when I become the owner. I could not find any text to support evicting the tenants as a new owner. In this case, I can only sign a new lease and then move them out. It seems pretty redundant. Do you see any text supporting a new owner move in eviction to be justified? 

Thanks,

Jin  

 Gin,

The text is right there, section (A).

The existing tenants already have a lease. You don't need (or want) to create a new one.

Residential leases become month-to-month when the initial term end.

Best,

Jon

[Jason Hsiao]

What city is this in @Gin Zhuang?

Piggybacking off of @Jon Schwartz's comment, disclaimer I'm not a lawyer but I did recently speak with our counsel re: owner move-in eviction during pandemic and the answer was that eviction moratorium does not apply to owner move in. I'd double check w/ your own counsel as well. And yeah, you don't need to sign a new lease but your right to terminate the lease will be different depending on what city this is in.

[Aj Parikh]

Because of the wording of your lease and how it can be interpreted, I would involve a lawyer as soon as possible on how to approach this.