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

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

DG A.
San Francisco Bay Area · Member since 2015 · 196 posts · 181 votes

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 

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Account Closed
Real Estate Agent · Las Vegas, NV · Member since 2015 · 2k+ posts · 1k+ votes
9y

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

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  • Jo-Ann LapinPro Member
    Loan Officer · Tustin, CA · Member since 2015 · 3k+ posts · 713 votes
    10y

    Congrats. All really good questions as you te newer to this you should seek out an property management company and look up Mark wingo. He is good resource for you with the ca evictions

    [email protected]
    0Reply
  • Solomon Young
    Oakland, CA · Member since 2016 · 26 posts · 9 votes
    10y

    Congrats Danny! Hope it appraised out to what you were hoping for.

    Did a quick search and found this which may be helpful to your question.

    http://friedwilliams.com/pages/articles/id5003.htm...

    0Reply
  • Brian Garlington
    Realtor · Oakland, CA and a Real Estate Investor with Multi-Family Units and a Self Storage Facility · Member since 2016 · 2k+ posts · 2k+ votes
    9y

    Did you get a mortgage that is an owner occupied rate? If so, then yes.....you have to move into the property and YOU get to choose which unit of the duplex you want to move into. As the new owner of the property that is your right.  If they try to fight you on it they will lose all day long IF your mortgage is based on owner occupied rates.

    0Reply
  • Taye N.
    Hayward, CA · Member since 2009 · 258 posts · 62 votes
    9y
    What if it is rent control and the person is over 65? Which is the case in Oakland.
    0Reply
  • Account Closed
    Real Estate Agent · Las Vegas, NV · Member since 2015 · 2k+ posts · 1k+ votes
    9y

    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

    1Reply
  • Account Closed
    Real Estate Agent · Las Vegas, NV · Member since 2015 · 2k+ posts · 1k+ votes
    9y

    Are both tenants seniors or a protected class? @Taye N.

    There is a big political out lash against landlords trying to force tenants out of rent controlled housing .A experienced eviction attorney is a must so that you donnot get sued and have a smooth eviction process   

    0Reply
  • Taye N.
    Hayward, CA · Member since 2009 · 258 posts · 62 votes
    9y
    Steven Picker Nothing on my end. I wanted to ask the question for Danny. Just in case the person he is trying to move out is a senior.
    0Reply
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