How to Give Notice & Move into Tenant Occupied Property - Oakland

[DG A.]

Hi Everybody!

I just closed on my first property today! I'm super excited! Anyway... 

It's a tenant occupied duplex in Oakland CA. Both units are occupied. Anyone with experience doing this in oakland CA, my question is for you:

How exactly do I go about giving the tenant notice to move out, so that I can move into their unit and live there? 

Some follow up questions:

1. If the tenant moves voluntarily after getting the 60 day notice, is that technically an "owner move-in eviction"or does it NOT fall under the definition of an OMI until I file some kind of legal paperwork? In the case where the tenant leaves voluntarily after 60 day notice, am I obligated to live in that unit for 3 years? 
2. What exactly does that 60 day notice look like? Is there a form online somewhere I need to use? Does anyone have an example form or letter they can post for me to use? Obviously, I would use at my own risk, and need to consult an attorney for legal advice. Hey, direct message me if you don't want to post publicly. 
3. What happens if the tenant fights me on me wanting to move in? I legitimately intend to move into this place, right now I'm living on my mom's couch. Not fun. Is there some specific legal filing I need to start on? What are the general steps from 60 day notice on down the line in an owner move-in eviction process?

I'm really excited about starting on this RE investment journey, and grateful for any help!

Cheers! :)

-Danny 

[Account Closed]

That is a different animal   http://www2.oaklandnet.com/oakca/groups/ceda/docum...

e. A landlord may not recover possession of a unit from a tenant under Subsection 6(A)(9) [8.22.360 A.9], if the landlord has or receives notice, any time before recovery of possession, that any tenant in the rental unit: i. Has been residing in the unit for five (5) years or more; and (a) Is sixty (60) years of age or older; or (b) Is a disabled tenant as defined in the California Fair Employment and Housing Act (California Government Code § 12926); or ii. Has been residing in the unit for five (5) years or more, and is a catastrophically ill tenant, defined as a person who is disabled as defined by Subsection (e)(i)(b) [8.22.360 A.9.e.i.b]]and who suffers from a life threatening illness as certified by his or her primary care physician. f. The provisions of Subsection (e) [8.22.360 A.9.e] above shall not apply where the landlord’s qualified relative who will move into the unit is 60 years of age or older, disabled or catastrophically ill as defined by Subsection (e) [8.22.360 A.9.e], and where every rental unit owned by the landlord is occupied by a tenant otherwise protected from eviction by Subsection (e) [8.22.360 A.9.e]. g. A tenant who claims to be a member of one of the classes protected by Subsection 6(A)(9)(e) [8.22.360 A.9.e] must submit a statement, with supporting evidence, to the landlord. A landlord may challenge a tenant’s claim of protected status by requesting a hearing with the Rent Board. In the Rent Board hearing, the tenant shall have the burden of proof to show protected status. No civil or criminal liability shall be imposed upon a landlord for challenging a tenant’s claim of protected status. The Rent Board shall adopt rules and regulations to implement the hearing procedure. h. Once a landlord has successfully recovered possession of a rental unit pursuant to Subsection 6(A)(9) [8.22.360 A.9], no other current landlords may recover possession of