Oakland - Owner Move in Eviction

[Benjamin Herhold]

Looking to purchase a 2-4 unit multi family property in Oakland, CA.  Will be using property as primary residence.  

Trying to understand the owner move-in eviction laws in Oakland.  My read is that you can evict one unit to use as your primary, but you have to pay a "relocation amount" and one time $2.5k fee.  Does this mean I can evict anyone, including a "protected tenant"?

What if I find a duplex with one vacant unit and I want the current tenant to move into that vacant unit and I take their current unit?

Thanks in advance for any guidance.  

[Kam T.]

I encourage you to read the full just cause eviction and owner move in ordinance a few times on the municode website. No, you likely won't be able to do owner move in (OMI) if you own another suitable vacant unit (similar unit in the same building would likely be considered suitable). You should also be able to show you're acting in good faith (the ordinance says so). So renting up a vacant unit and then attempting to doing owner move in on the other right after likely won't work. If you do use OMI, you'll need to keep that unit as your primary residence for 3 years, otherwise you could face damages/be sued by city and/or previous tenant. It might be worth attempting a buyout with the tenant (also has its own ordinance and set of rules to follow), and gives you much more flexibility/doesn't lock you into living in the unit for 3 years. I'd rather buy a tenant out for $10-20K or even more, than do OMI. OMI might not be possible if the tenant is disabled. The definition of disabled is wide and can be anything, even sleep deprived or anxiety, if a doctor says so. Disabled in this case is based on the Fair Employment and Housing Act, is super broad. Effectively, anyone who wants to make themselves fit that criteria, can, without too much hassle.

I'd also encourage you to talk to an attorney (and your insurance broker to make sure you have wrongful eviction coverage in your policy) about your specific plan to gain residence in a unit, once you have an idea of your plan. You open yourself up to massive potential liability walking this path and getting professional help is well worth the fees to make sure you don't miss one of the disclosures or rules.

My advice it to first approach tenants and see if there is a mutually beneficial situation / buyout amount that would work for them and you. Sure, it will cost you more but will avoid the immediately hostile eviction situation than an OMI is 100% of the time. Both parties can walk away happy if you can find a dollar amount that works for all.