a. Its true that the seller can't do an owner move-in eviction because he does not intend on living in the premises as his principal place of residence for 36 months. The only way a seller can get a unit vacant in this circumstance is to do an Ellis Act eviction, but that would require him to evict tenants out of both units and the property could not be used as a residential rental property for 5 years. In addition, because of the lease, he could not even do the Ellis Act until that lease expired.
b. You have to do an OMI, which requires you to live their for 3 years as your principal place of residence. There is an upside however. The other tenant's tenancy falls out of eviction control when you move in becuase the property is less than 4 units. After a year, the other tenant's tenancy falls out of rent control, and thus can be raised to whatever you like upon 60 days notice.
c. Clearly visa-versa because you have the leverage of legally doing an OMI eviction..
Jeff Woo, Esq.
Follow Me on Twitter @jefferywoo
Hello. You may want to contact a lawyer who specializes in these types of situations, but there are rent control laws in Oakland that must be adhered to. When purchasing a tenant occupied property, the seller cannot evict tenants to sell the property. You the buyer have a legal right to occupy the property, but are also responsible for eviction of the tenants. Have you read over Measure EE? This is the rent control ordinance in Oakland and I would suggest that is would be a good idea to look over what are your rights as the purchaser of the tenant occupied property as well as what the tenants rights are. If you would like I can email you a copy of Measure EE.
Here is a link to the Oakland Rent Board that has information regarding processes and procedures. They also have a phone number you can call to ask specific questions regarding landlord/tenant rights. The URL is http://www.oaklandnet.com/government/hcd/rentboard/index.html
I hope this information helps!
Let me know if you have any other questions and good luck!
Alain Pinel Realtors
General rule HOWEVER REFER to the lease contract AND you need request from the current owner, review prior to submitting any offer. Therefore you are confirmed off any statement made to you. IF ALL IS TRUE if the tenant is month to month YOU MUST follow terms of lease agreement... most agreements (refer ~lease contract) you can provide notice per of terms of owner/ tenants termination.
If you have any questions ask your real estate agent / attorney to review lease agreements where you are within laws of your state.
Although it is fine to try to give yourself a general education on what the rules say prior to identifying the property, you really must look at the property with an eye to the specific scenario. Is it possible to evict at all? Is the tenant a member of a protected class of tenant. If eviction for owner occupancy is allowed, how long is the required notice for that specific tenant. Does that time frame allow me to get an owner occupant loan, or will I be required to get an investment property loan. Is the tenant willing to move? If not, are there conditions on the property that will allow them to tie me up legally due to issued of condition, or will you be assuming liabilities related to condition that might cause you to have to pay the tenant a higher than normal amount to move.
Research on the details is critical, and in all honesty, Trulia is not the best resource for getting these details. It's a good place to identify some better questions to ask, perhaps. My advice is get a good agent to represent you...Based on the kinds of questions that you are asking, I recommend you do not use a dual agent on this purchase. Dual agency (where the listing agent writes the offer for a perspective buyer) is legal, if disclosed to both parties and agreed by all. BUT - the agent cannot advocate for either the buyer or the seller. You need an advocate who can help make sure you fully research and ask the right questions.