California House Hack and Rent Control

California House Hack and Rent Control

Member since 2020 · 19 posts · 8 votes

Hi all,

My wife and I are in the works on buying a house hack in San Diego, and there are a few details for which I can't find answers, so I'm hoping the BP community has some!

Here are the details. We are looking to buy a 3- or 4-unit and move into one of the units while renting the others out. Most units for sale have tenants in place, often with below market rent where the owners haven't increased rent in years. To use an example property, it is a 4 unit, three of which are renting for $1600 and one for $1850, but market rent in the area is $2100. All tenants are month-month on leases, so in most states it wouldn't be that hard to turn the rental units.

With the passing of AB 1482 in CA implementing statewide rent control starting Jan 1 2020, it seems there are some major limitations with what you can do with rent and tenants. I know that rent increases are capped at 5% + CPI up to a max of 10%, and I also understand that you can no longer give tenants a "No Fault" notice to vacate. With that said, a few specific questions for you all:

  1. As part of the purchase agreement, can the seller remove tenants from all 4 units? I know they would need a 60 days notice, and probably wouldn't want to until after I remove all contingencies. So that's a long escrow, but that would be ideal for us to take the building vacant. However, I'm not sure if the limitations around "No Fault" notice to vacate would stop them.
  2. Same as above, but can the seller at a minimum remove 1 tenant, so we can occupy the property? We want to use a conventional loan, but those have a 60 day occupancy clause, and CA requires 60 days' notice to vacate. One of the allowable reasons to give notice to a tenant is the owner is moving into the unit, but I'm not sure if the seller can use that as justification or if we would have to close on the property, then give notice of owner intent to occupy.
  3. Duplexes that are owner occupied are exempt from the state rent control law. Does anyone know if 3- and 4-units are also exempt?
  4. Can rent increases be done cumulatively at one time? For example, if rents haven't been raised for the past 4 years, could it be raised 5% + CPI for all 4 years combined in one go? So 20% + increase would be allowable in this case? I know SF allows landlords to do something like this, but can't find a clear answer about the state law.
  5. If the above answers are all unfavorable, it seems we'd be stuck with buying a property, giving notice to 1 tenant so that we can occupy that unit, and raising rent with 60 day notice for renewal of leases. In that scenario, could we decide to move into a different unit within the 4-unit each year, using the Owner occupancy clause? We could then rehab the the live-in unit each time, and rent the now vacant unit we were previously living in at market rent.

I appreciate any answers you all in helping us navigate this and get into our first house hack!

Thanks,

David Lyons

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Real Estate Broker · Sacramento, CA · Member since 2019 · 198 posts · 46 votes
5y

Pretty much no at everything. Owners are buying tenants out. Maybe add that as a clause or have the owner open some dialogue on whether or not tenants are even open to leaving. COVID makes things a little stickier, too, although that’s coming to an end shortly. If you realllly like it, I’d have owner open dialogue with tenants - I’ve seen pay for move outs be something like pay for storage, moving, and 3 months of rent to move out within 30 or 60 days. Never know if one of the four might be thinking about moving anyway. Also might check into rent payment history - if q tenant’s not paying, then you can evict relatively soon assuming evict moray doesn’t get extended again (make longer escrow). Only one I’m not sure about is number 3 (didn’t know that was doable with duplexes?). The rest are no-go. I’d just move onto another property personally.

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  • Real Estate Broker · Sacramento, CA · Member since 2019 · 198 posts · 46 votes
    5y

    Pretty much no at everything. Owners are buying tenants out. Maybe add that as a clause or have the owner open some dialogue on whether or not tenants are even open to leaving. COVID makes things a little stickier, too, although that’s coming to an end shortly. If you realllly like it, I’d have owner open dialogue with tenants - I’ve seen pay for move outs be something like pay for storage, moving, and 3 months of rent to move out within 30 or 60 days. Never know if one of the four might be thinking about moving anyway. Also might check into rent payment history - if q tenant’s not paying, then you can evict relatively soon assuming evict moray doesn’t get extended again (make longer escrow). Only one I’m not sure about is number 3 (didn’t know that was doable with duplexes?). The rest are no-go. I’d just move onto another property personally.

  • Member since 2020 · 19 posts · 8 votes
    5y

    Thanks @Aaron Moayed for the quick response! Cash for keys sounds like an option, but 3 months' rent + storage + moving would be a deal killer I think. You're probably right about having the open dialogue with them and see if anyone is thinking of moving anyways.

    Are you sure that #5 is a no-go? Deciding to move, as owner occupant, from one unit to another seems like it's within the owner's rights from the verbiage of the bill. But maybe if you're already occupying one unit it doesn't apply

  • Real Estate Broker · Sacramento, CA · Member since 2019 · 198 posts · 46 votes
    5y

    @David Lyons

    https://caanet.org/caa-form-of-the-month-owner-move-in-under-ab-1482-addendum/

    I believe that has your answer. That was my understanding (you need to have it as a clause in lease agreement now). In any case, consulting with an attorney is your best bet before doing anything that seems tricky with bill language.

  • Real Estate Broker · Sacramento, CA · Member since 2019 · 198 posts · 46 votes
    5y

    @David Lyons

    And no problem! I was going for a walk at the time. Headed to the gym now! Catch-up exercise with day off. Ha! Once Covid cools down, you may look into the substantial rehab just-cause eviction if the building needs some work. Good way to get tenants out and I’ve seen a lot of slum lords do this to get tenants out and gentrify an area. Morally questionable in some cases, but it works if the numbers make sense.

  • Member since 2020 · 19 posts · 8 votes
    5y

    @Aaron Moayed appreciate it. I think the existing leases are older than 2020, so would be OK to move into one unit to start off. Then would have to have that language in the lease renewals with the others. But yes, talking with an attorney is good advice here from the sounds of it.

  • Real Estate Agent · South Lake Tahoe, CA · Member since 2016 · 681 posts · 644 votes
    5y

    @David Lyons

    You absolutely can have a unit vacated for buyer to occupy. This is a mechanism of the California purchase agreement and the seller agrees to deliver a unit vacant (if you negotiate it that way).  We have done this for buyers during COVID. Some sellers and listing agents will still tell you no and try to make all tenant issues yours to handle after close. I would at least require one vacant so you can use owner occupied financing.

    My understanding of the rest of your questions is that yes you can move in, fix one up and then move to another one.  Exceptions were made for owner moving in, owners family moving in, significant remodel of the unit that requires it to be vacant during the work (replacing kitchens or bathrooms, a paint job doesn’t qualify).  There are new requirements with how to make the new tenant law part of your lease and how to give notice. It would still be a good idea to speak with an attorney and go over your plan to make sure you do it in an efficient and legal manner.

    You definitely cannot play catch up on the previous years that rent wasn’t raised. That is the whole point of the law to make it hard to catch up with the market since the market went up so fast. 

  • Twana RasoulBusiness Member
    Real Estate Agent · San Diego, CA · Member since 2017 · 1k+ posts · 1k+ votes
    5y

    @David Lyons Hi David, I am in the middle of purchasing another multifamily for myself here in San Diego and the tenants are long term and paying about $600-$700/month each...crazy huh? I've sold multifamily to a lot of owner occupied clients and everyone goes about a different way based on their comfort level.   Quite a few times we've gotten lucky and 1 or 2 tenants end up giving notice to leave during the escrow process.  Feel free to reach out if you'd like to discuss...in the meantime here is an article that is a worthwhile read.

    https://www.sandiegouniontribu...

  • Member since 2020 · 19 posts · 8 votes
    5y

    @Dustin Allen thanks for the detailed response. It seems like investors and realtors are still figuring out how to navigate this new law, and the implications for selling investment properties. I will push on the sellers to vacate 1 unit at a minimum

  • Member since 2020 · 19 posts · 8 votes
    5y

    @Twana Rasoul yes, I'd be interested in hearing more about the ways in which people have gone about it. I'll DM you.

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