Owner & Relative Move-Ins – Oakland
What is an Owner Move-in or Relative Move-in Eviction in Oakland?
In the City of Oakland, tenants living in units that are protected by the Oakland Just Cause for Eviction Ordinance cannot be evicted unless the landlord has just cause to do so. One just cause under the Ordinance is if an owner seeks to recover possession of the rental unit so that the owner or a relative of the owner may move into the unit. An owner or relative move-in eviction must be done in good faith and with honest intent.
In order for an owner or relative move-in eviction to be valid, the owner must be an owner of record holding an interest equal to or greater than 33% in the property at the time of giving a notice terminating tenancy.
Owners may evict tenants so that their spouse, domestic partner, child, parent or grandparent may move into the unit.
Once a landlord performs an owner or relative move-in eviction in a building, no other landlord may recover possession of any other rental units in the building pursuant to an owner or relative move in. Any future evictions taking place in the same building must be of the same unit.
Owner and relative move-in evictions are governed by Oakland Municipal Code Section 8.22.360(A)(9).
Can my landlord evict me if the landlord or his/her relative wants to move into my unit?
Maybe. Some tenants have “protected status,” which means that an owner or relative move-in eviction may be prohibited. An eviction may be prohibited if:
1. the tenant is over 60 years of age and has been living in the unit for at least five years;
2. the tenant is disabled within the meaning of the California Fair Employment and Housing Act, and has five or more years of tenancy; or
3. the tenant is catastrophically ill, and has been residing in the unit for five or more years.
These protections do not apply, however, if the landlord’s relative who intends to move into the unit is over 60 years old, disabled, or catastrophically ill, and if every rental unit owned by the landlord is occupied by a protected tenant.
A tenant who claims to be a member of one of the above protected classes must submit a statement regarding their protection to the landlord with supporting evidence. A landlord may contest a tenant’s protected status by filing a petition with the Rent Board, and the tenant has the burden to prove his or her protected status.
Am I entitled to relocation benefits?
Unfortunately, tenants are not entitled to relocation benefits in Oakland for owner or relative move-in evictions.
How much notice does my landlord have to give me before he can evict me for an Owner Move-in Eviction?
A landlord must serve a tenant with a sixty-day eviction notice for tenancies of at least a year, and thirty-day notice if the tenancy is less than a year. The notice must contain very specific language required by law including the following:
• A statement setting forth the basis for the eviction;
• A listing of all property owned by the landlord or relative who plans on residing in the unit;
• The address of the real property, if any, on which the landlord or relative who plans on residing in the unit claims a homeowner’s property tax exemption; and
• A statement that advice regarding the notice terminating tenancy is available from the Rent Board.
Within 10 days after service of a notice terminating tenancy upon a tenant, the landlord must file a copy of the notice with the Rent Board. Failure to do so is a defense to any unlawful detainer action.
Does the landlord have to offer me another unit if he tries to do an owner or relative move-in eviction?
No. Although the original Just Cause for Eviction Ordinance required a landlord seeking to evict a tenant for an owner or relative move-in eviction to offer the tenant any vacant units owned by the landlord, the rule was held to be invalid by the Alameda County Superior Court, and is no longer in effect.
What happens if my landlord or his relative does not move in to my unit after I vacate?
The landlord must move into the unit within three months of the tenant’s vacation of the premises. If a landlord recovers possession of the unit based on an owner or relative move-in eviction, and the owner or relative does not continuously reside in the unit as his principal place of residence for thirty-six (36) consecutive months, the recovery of the unit is presumed to be in violation of the Just Cause for Eviction Ordinance, and you may have a claim for wrongful eviction.