All Forum Posts by: Jin Zhang

Hi everyone, 

I am purchasing a duplex with existing tenants in it. I would like to move into one unit and rent out the other. Both units are occupied with existing tenants now. I am wondering what are the steps I should take once the purchase is closed. From my understanding, I should do the following. 

1. Give every unit a notice of change of ownership within 15 days of the closing. 

2. With the unit I would like to move in, do I still have to sign a new contract with them? They are currently under a month to month lease. Should I proceed with talking with them to see how I can help them move out without signing a lease? 

3. After the discussion, should I give them a 60 days notice to evict (they have been there for more than 1 year) or get a 30 days to move out notice from them. 

4. If I do not sign a lease with them, does it mean I could not collect the rent before they move out. 

I could not find much information online. Any clarification or advise would be greatly appreciated. Thanks everyone! 

Best,

Gin 

@Carlos Ptriawan

Hi Carlos, could I talk to the tenant? Is it legal for me to do it? Thanks!

Hi everyone, 

I am under contract with a property. Due to personal reasons, I can not put down 20% anymore. I can only put down 15%. However, my income to debt ratio would be too high for the loan to be qualified in this case. If my loan is disapproved due to this reason, would I lose my earnest money? Any insight would be greatly appreciated! Thanks! 

Best,

Jin 

How does this work in San Jose? 

Thanks,

Jin 

Hi everyone, 

If I want to convert the garage of a duplex into an ADU, can I legally take away the current renter's garage and convert it? Would I get into problems with the regulations? Any insight would be greatly appreciated. Thanks!

Best,

Jin 

Thanks for the info! I do plan to move into one unit. What are the other caveats? It would be great if you can share more information. Thanks! 

I absolutely agree with you. If I can, I will definitely help them to move out with what I can. This post is just to help me understand how the worst situation will play out and if I have any legal ground to win the case when it happens. 

Thanks for the recommendation!  

Thanks for letting me know! This is great info! 

Hi everyone, 

I am looking into a duplex in San Jose. The front unit (one story) is currently vacant. The back unit is occupied by a family who has been living there since 2007. They pay about $1000 under market rent. The back unit has one more bathroom and are also two stories. 

I am wondering if I can do an owner move in eviction to move into the back unit. My questions are: 

1) Some people say if they have lived there for more than 10 years. Then they are protected class and I can not evict them. Is this true? 

2) Some people say if they live there before I move in. Then I can not evict them. Is this true? 

3) I read that the California and San Jose rent control do not apply to duplex. However, if they are protected classes, you can not evict them without just cause. Is this correct? 

4) The front unit is one story. The back unit is 2 story and has one extra bathroom. Are they being considered as comparable units or not? 

5) Any recommendations on a good eviction lawyer who is familiar with San Jose? 

Thanks! Any insight would be greatly appreciated. 

Best,

Jin