Rentals in Oakland>Question Details

Shiloh Phill…,  in Oakland, CA

If the landlord wants to move back into his house, can he force his tenants to leave?

Asked by Shiloh Phillips, Oakland, CA Tue Apr 17, 2012

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Ebeneezer’s answer
Yes, he own the house. Tenants, although very important, don't own anything and need to move out within 30 to 60 days depending on the agreement between both parties.
Imagine if a tenant had lifetime rights to a property he/she was renting. A landlord would never be able to move into the house that they bought, kept up, paid taxes, marketing fees, rental commissions, dealt with collecting rent, maintaining the place for the renter, etc.
1 vote Thank Flag Link Mon Jul 30, 2012
Short answer: "Yes." As with everything in life, however, there are certain restrictions and consequences.

The landlord/owner of a property can evict current tenants by performing an "owner move-in" eviction, but it is not a move that should be made without considering the legal ramifications. Oakland happens to have a very strong set of tenant protection laws in place that impose harsh penalties on landlords who don't follow proper procedure.

Here's a great article on owner move-in evictions, written by one of my favorite Oakland landlord attorneys, Clifford Fried, Esq.:
1 vote Thank Flag Link Tue Apr 17, 2012
contact the oakland rental board to find out your rights.
1 vote Thank Flag Link Tue Apr 17, 2012
4 tenants move in and rent my owned house. It's been 1-1/2 years and they did not pay last month's rent. They paid some portion of it and then said that they were giving their 30 day notice. 3 of them have moved out. 1 might become a "hold over". I am moving back into my house with my handicapped mother. Can I just move into my house whether he is there or not?
0 votes Thank Flag Link Tue Oct 27, 2015
If the lease is up and they aren't paying rent they need to leave. You may need to start the eviction process. You should check with a local attorney regarding the landlord/tenant laws in your area. don't know if there would be anything preventing you from moving in while you're working on evicting them. It would be weird, but may be legal.
Flag Tue Oct 27, 2015
I live in Florida and my landlord wants to move back into the house that I am renting how long do I have before I have to get out legally.
0 votes Thank Flag Link Mon Jun 15, 2015
can a landlord move back in his ......if tennant refuses to pay rent
0 votes Thank Flag Link Sat Aug 4, 2012
Of course not, Tenants have rights too. You have a lease in place right?
0 votes Thank Flag Link Tue Apr 17, 2012
Hello Shiloh:

You cannot force anything. However, you have the right to live in the house or unit you own. You cannot do it during the first year lease period if your tenant is still in that period. If you tenant is month to month you need to give at least 60 days notice. I would be kind to your tenant and work it out. Meaning, that if your tenant needs 70 days, make it work. Talk to your tenant. Most understand that situation and will cooperate. If not, you may have to talk to a lawyer to evict..
0 votes Thank Flag Link Tue Apr 17, 2012
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