Owner Move-in Eviction

[Bruce Ng]

Working on acquiring a triplex. 
All units by code are 1bd/1ba, but one was converted to a 3bd. It does not appear to be permitted. 
One of the 1/1's is vacant. I am planning to househack it and move into the 3/1 with my girlfriend (soon to be fiancé hopefully). Both occupied units are paying well under half market rate.

If the 3/1 tenants don't agree to a cash-for-keys agreement, is there anything I should be mindful of when executing an owner move-in eviction in this situation? 

I understand I would need to live there for 2 years.
I would want to live in the larger unit because I work from home and the lady has her own business too, but since it's likely not permitted, would there be any issues? 

This would be in Los Angeles County. 

Thanks all for any insights!

[Lauren Robins]

Hi there, Bruce. In Los Angeles County, executing an Owner Move-In (OMI) eviction is possible under the Rent Stabilization Ordinance (RSO), but it comes with strict requirements. First, you must genuinely intend to move into the unit as your primary residence within 90 days of the tenant vacating and live there for at least two continuous years. You also need to serve a 60-day notice (not 30) and file a formal declaration with the County affirming your intent. Importantly, there are tenant protections that may prevent you from proceeding—if the tenant is over 62, disabled, terminally ill, or has lived there for over 10 years, they may be exempt from OMI eviction unless no comparable vacant units are available. Additionally, the tenant would be entitled to relocation assistance, which can range from around $10,000 to over $25,000, depending on income level and length of tenancy.

Now, the unpermitted status of the 3-bedroom unit adds a layer of complexity. If that unit was originally a 1-bedroom and has been converted to a 3-bedroom without proper permits, it is technically a code violation. This poses two main risks. First, if the city or county becomes aware—either through tenant pushback or the eviction process—they may require the space to be restored to its original condition, potentially at your expense. Second, the fact that it’s unpermitted could undermine your ability to execute an OMI eviction. For an OMI to be valid, the unit must be considered legal and habitable; an illegal conversion could invalidate your right to evict under that rationale.

Given that, you’ll want to tread carefully. You might consider consulting a local real estate attorney who’s experienced with LA County RSO and code enforcement to strategize your next steps. Some investors in your position opt to quietly legalize the conversion if possible, while others pursue cash-for-keys more aggressively to avoid invoking enforcement attention. Either way, having your ducks in a row before making a move will protect you from costly setbacks.

Note: This information is for educational and informational purposes only and does not constitute legal, tax, financial, or investment advice. No attorney-client, fiduciary, or professional relationship is established through this communication.