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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Larry Benede…, , Oakland, CA
Tue Apr 17, 2012
contact the oakland rental board to find out your rights.
3 votes
Ebeneezer, Both Buyer And Seller, Chicago, IL
Mon Jul 30, 2012
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
Except in South Africa, where black tenants are not allowed to be evicted. You can give notice, but if they don't feel like leaving, they can stay and there's NOTHING you can do to stop them. No legal action may be taken against them. I know, because my grandmother lost 80,000 rand (for the Americans: that is, as of the time of writing, a little over 6000 dollars ) to a tenant who simply moved in and refused to pay or leave. Lovely, isn't it? And now my parents have the same problem.
Flag Fri Sep 15, 2017
Cameron Platt, Agent, Oakland, CA
Tue Apr 17, 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.: http://www.friedwilliams.com/pages/articles/id5003.html
1 vote
Cmitchellbry…, Home Buyer, Oakland, CA
Thu Dec 21, 2017
0 votes
Does your tenant have a signed lease?
Flag Thu Dec 21, 2017
Cksiskool, Home Buyer, Oakland, CA
Wed May 24, 2017
My Landlord gave us notice back in March to find a place. Her Family is moving back in to the home the end of our lease. She said if anyone moves out early that she would move furniture in and start doing restorations. Then this whole situation changed when our roommate Kyle gave notice and she informed us that her son and his wife were going to move into his room and begin restorations as of the 1st of June... This is a month before our lease is up... I was very uncomfortable with this so Donna (my other roommate) and I wanted to try and get out by June 1st. THen she let us know that it was okay to terminate our lease early any time after May 1st with 30 day notice... I gave her notice May 5th that I might have a place by May 15th. She sent me an email back saying that that was ok but I still needed to give 30 days notice.. She stated she would keep all of the rent for May, but not charge me for June. Then I updated her that I would be out June 1st because my apt fell through.. I figured that I had paid up to then and it was ok... She sent out a group email stating the times that we were all moving out... Mine being June 1st. I sent her another email that I might have some stuff in the garage I need to move in a Uhaul, (understanding that I need to pay for storage days. ) Now she is possibly threatening to keep my security deposit for June rent.. 1) Is it okay to move your family in and do renovations while existing lease is still valid and tenants life there? 2) Does 30 days notice HAVE to be in the form of a written on paper, not verified emailed. Does and email that has been proven to be received count as written? 3) and if other roommates that ddid not WRITE a notice but only emailed a notice, get their whole security deposit back, Is that ok? 4 )is 30 days valid If their family is moving in 30 prior to your lease ending and they have no intention of rent out the room?
0 votes
Brenda Lynn…, Home Buyer, Frederick, MD
Sun Dec 13, 2015
I have three years lease to stay at the house and I only live here for 3 months.... Now landlord wants to move back into his house immediately and gives me 30 days to move out. What is my rights as a tenant? (i don't want to live with my landlord... what is my rights?)
0 votes
Mgoldstein, Home Buyer, Oakland, CA
Tue Oct 27, 2015
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
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
Tpevanicki, Home Buyer, Hollywood, FL
Mon Jun 15, 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
Gbyama, Home Buyer, Goodyear, AZ
Sat Aug 4, 2012
can a landlord move back in his ......if tennant refuses to pay rent
0 votes
Jeanne Thors…, Agent, San Rafael, CA
Tue Apr 17, 2012
Of course not, Tenants have rights too. You have a lease in place right?
0 votes
Antoine Pirs…, Agent, Oakland, CA
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
I have three years lease to stay at the house and I only live here for 3 months.... Now landlord wants to move back into his house immediately and gives me 30 days to move out. What is my rights as a tenant? (i don't want to live with my landlord... what is my rights?)
Flag Sun Dec 13, 2015
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