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Paul, Other/Just Looking in 94015

Can an owner evict a tenant and move in to the property?

Asked by Paul, 94015 Tue Oct 11, 2011

We can no longer afford the rent on our apartment in San Francisco. We own a home in Daly City that we are renting to make the mortgage payments with. The mortgage payments are substantially less than our monthly S.F. rent. Can we evict our tenants and move into the property?

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Paul,
Depends on the lease.
Is it month to month?
The contract usually spells it out. Beyond that contact an attorney if you want to break the lease.

Harold Sharpe - Broker
So Cal Homes Realty
(951) 821-8211
harold@socalhomesrealty.com
http://www.socalhomesrealty.com
California Department of Real Estate Broker License # 01312992
0 votes Thank Flag Link Tue Oct 11, 2011
You'd need grounds to do so. Otherwise, no.

I'm not a lawyer, so what follows is not legal advice. For that, you need a lawyer.

Check the lease. Under what conditions can you evict your tenants? I'd guess non-payment of rent. Not keeping the property in habitable condition. Committing illegal acts. Are your tenants guilty of any of those? If so, of course you can begin eviction procedures.

And check the lease regarding the expiration of the lease. If the lease expires on, say, January 1, then you simply don't renew the lease. You're not evicting them. The lease is terminating and you're not renewing it.

If the tenants are on a month-to-month arrangement, then you should be able to give them 30 days notice. That's not an eviction; you're simply terminating the arrangement pursuant to the terms of the lease.

However, it'd be advisable to consult with a lawyer in any case just to make sure that you're in compliance with all state and local regulations. Various cities and counties have their own regulations on top of state regulations--usually designed to protect the tenant. You'll want to make sure you're fully in compliance.

Finally, would it be possible to negotiate a lower rent on your San Francisco apartment? And/or (in compliance with the terms of your lease in Daly City) increase your rental income?

Hope that helps.
0 votes Thank Flag Link Tue Oct 11, 2011
Don Tepper, Real Estate Pro in Fairfax, VA
MVP'08
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If your tenant has a lease, you cannot just move in. You need to honor the lease or if they are month to month, give them 60 days notice.

Your question is a legal one and without knowing more, you should consult with an attorney. A good landlord/tenant attorney is Richard Kelly in RWC.

Good luck,

Tap
0 votes Thank Flag Link Tue Oct 11, 2011
If you don't have a lease, a landlord can terminate (end) a month-to-month tenancy simply by giving the tenant 60 days’ advance written notice. You can also check: http://www.dca.ca.gov/publications/landlordbook/catenant
0 votes Thank Flag Link Tue Oct 11, 2011
Do you have any grounds to break the lease? It sounds like you should contact a real estate attorney. I would say if you have tenants that are in compliance with the lease, then you do not have grounds to evict. You might want to approach them to see if you can work something out with early termination of the lease.
0 votes Thank Flag Link Tue Oct 11, 2011
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