Electrician · Oakland, CA · Member since 2018 · 36 posts · 16 votes
Hello Bigger pockets! I have a a situation on my hands that I do not have any experience in & looking for sound advice from the amazing BP community. I have a rental property that Is currently leased on a month to month basis that I used to live in but have since moved out. There is going to be some changes in my living conditions and I wanted to move back into the property the is currently leased. Knowing that Oakland has very strict housing laws I am wondering what my options are before I consult an attorney so I can have a better understanding of the situation. Any advice is much appreciated!
Investor · Los Altos, CA · Member since 2014 · 942 posts · 1k+ votes
6y
@Emanuel Vega you probably already feel it, but you are kind of hosed. Don't pay a lawyer yet. Go to the RAP office and speak to the legal counsel there on your options. Go there on Tuesday or Thursday between 9:30 and 1 pm, there will be somebody there to give you advice. You can go other days or hours, but the legal counsel is only available on those days at those times.
Oakland, CA · Member since 2015 · 49 posts · 40 votes
6y
You can likely do an owner occupy move-in if you haven't done that within your building (read: not unit, the entire building) before. You only get one of those once. Even then, you will likely need to provide cash to cover their moving costs. The best move is to communicate to the tenant that you plan on re-occupying the unit, and you're giving them a 3-month notice. Ideally they will leave on their own accord.
Investor · Los Altos, CA · Member since 2014 · 942 posts · 1k+ votes
6y
@Emanuel Vega you probably already feel it, but you are kind of hosed. Don't pay a lawyer yet. Go to the RAP office and speak to the legal counsel there on your options. Go there on Tuesday or Thursday between 9:30 and 1 pm, there will be somebody there to give you advice. You can go other days or hours, but the legal counsel is only available on those days at those times.
Electrician · Oakland, CA · Member since 2018 · 36 posts · 16 votes
6y
@Stephen G. Thank you for the response! I’ve heard of paying moving expenses, which I can weather, I believe worst case scenario is tenant stays without paying for 6 months before evicting hope it doesn’t come to that but I can weather that with reserves on hand.
Electrician · Oakland, CA · Member since 2018 · 36 posts · 16 votes
6y
@Arlen Chou yes the Oakland housing laws are absurd! What is the worst case scenario? Paying for moving expenses & possible The tenant doesn’t pay rent for 6 months before eviction? Many thanks for the RAP advice
Investor · Los Altos, CA · Member since 2014 · 942 posts · 1k+ votes
6y
@Emanuel Vega the worst-case scenario is that they say they will not move out and they keep paying the rent on time and you have to go through the OMI process. Read the Oakland Uniform Relocation Ordinance, get the free legal advice and get your checkbook ready. I wish I could give you better news, but it probably won't be easy.