Originally posted by @Jon Schwartz:
@Gin Zhuang, the tenants’ lease is from 2007, so the bold sentence does not apply. You have the right to relocate them and move in.
However, check with your city and county eviction moratorium, if either is still in place. In Los Angeles, for example, the eviction moratorium that’s still in place prohibits any kind of eviction, including for an owner-occupant.
Good luck!
Jon
Hi Jon,
Thank you for the input! This is helpful. That is what I believe so. But I could not found any text to support it. However, I believe that I found it in 1946.2.
(A) (i) Intent to occupy the residential real property by the owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents.
(ii) For leases entered into on or after July 1, 2020, clause (i) shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the lease allows the owner to terminate the lease if the owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the residential real property. Addition of a provision allowing the owner to terminate the lease as described in this clause to a new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1).
(E) The tenant had a written lease that terminated on or after January 1, 2020, and after a written request or demand from the owner, the tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this section or any other provision of law.
It seems like I can sign a new lease with them to add in the owner move in termination clause. They can either agree. Then I can move in and move them out based on 1946A(ii). If they do not agree and do not sign, I can move them out based on 1946 E.
My question is that I do not intend to sign a new lease with them when I become the owner. I could not find any text to support evicting the tenants as a new owner. In this case, I can only sign a new lease and then move them out. It seems pretty redundant. Do you see any text supporting a new owner move in eviction to be justified?
Thanks,
Jin