Do You Need to Convert Your Rental Property Into Your Permanent Residence?
Typically, when you purchase a rental property, you intend to rent it out for the long term. However, circumstances can change, and it’s possible that you might find yourself needing to convert your rental property into your permanent residence.
But what if there’s already a tenant in the property? In some situations, you may be able to remove the tenant and reclaim the residence. To do so, you must perform something called an owner move-in eviction.
What Is an Owner Move-In Eviction?
An owner move-in eviction is a no-fault eviction that allows a property owner to reclaim their rental property as their primary residence (or a primary residence for certain family members).
To complete an owner move-in eviction, a landlord must follow a series of steps laid out by the city and/or county. They also must give the tenant advance notice — generally, the law requires the landlord to provide the tenant with 30–60 days of notice.
CONTACT USLegal Grounds & Protections for Tenants for Owner Move-In Evictions
Landlords can’t simply decide they’re going to move into a property and kick the tenant out. If owner move-in eviction were completely unregulated, it would be too easy for property owners acting in bad faith to remove their tenants and re-rent the property instead of moving in themselves.
Many areas in California limit who can apply for owner move-in evictions.
Los Angeles Landlord/Family Member Move In Evictions
In the City of Los Angeles, a landlord can reclaim a property for themselves if the following conditions apply:
- The landlord intends to use the rental unit as their primary residence for at least two consecutive years
- The landlord has legal title to at least 25% of the property where the rental unit is located
Landlords may also pursue an owner move-in eviction if they want to let a family member or on-site property manager live in the unit. Only certain family members are eligible, including:
- Spouses
- Children
- Parents
- Grandparents
- Grandchildren
If the landlord wants to reclaim a rental unit for a family member in the City of Los Angeles, both of the following conditions must apply:
- The landlord has legal title to at least 50% of the property where the unit is located
- The family member will use the unit as their primary residence for at least two years
The City of Los Angeles also limits the number of times a landlord can pursue an owner move-in eviction. Landlords may only reclaim a rental unit (for themselves or a family member) one time at each rental complex they own.
Difference Between an Owner Move-In Eviction and Other Types of Evictions
A landlord who evicts a tenant usually does so because the latter has done something wrong, like failing to pay rent, creating a nuisance, or violating the terms of the lease. To successfully evict the tenant, the landlord must be able to provide evidence of the misconduct.
However, an owner move-in eviction is a no-fault eviction, meaning the landlord doesn’t have to prove that the tenant did anything wrong. The exact criteria landlords need to meet depends on the jurisdiction. However, such evictions also come with additional requirements. For example, in the City of Los Angeles, a landlord who evicts a tenant in order to move in must pay relocation assistance.
Legal Process for Owner or Landlord Move-In Evictions in California
Before serving the tenant notice, there are steps that a landlord must complete. These steps depend on the location of the rental property. For the City of Los Angeles, a landlord pursuing an owner move-in eviction must file paperwork with the Los Angeles Housing Department (LAHD).
Completing a Landlord Declaration with LAHD in the City of Los Angeles
Once you’ve determined that you’re eligible to file for an owner move-in-eviction, you must take the following steps:
- Complete a Declaration of Intent to Evict for Landlord Occupancy and Relocation Services
- Include your name (or your family member’s name) and the intended move-in date
- Get a copy of the property’s Grant Deed or Trust
- Send all forms and your application fee to the LAHD
If your application is approved, you must pay relocation assistance to the evicted tenant. The amount you’ll have to pay will depend on several factors, including:
- The age of the tenant
- Whether the tenant has minor children
- Whether the tenant is disabled or handicapped
- Whether the tenant qualifies as a low-income renter
The LAHD will determine how much relocation assistance you owe. If you or your tenant disagree with the amount, you have the right to appeal the decision.
After submitting the proper paperwork, you must serve the tenant with a Notice of Eviction. The amount of notice you must give is based on how long the tenant has occupied the property:
- Less Than One Year: 30 days
- One Year or More: 60 days
If you haven’t been through the process before, it can be difficult to determine the total cost of an owner move-in eviction. A lawyer can help you understand the potential cost before you start.
Court Proceedings and Tenant Defenses Against a Landlord
In an eviction for cause, the tenant or their legal representation may raise defenses to show that they haven’t violated the lease or that the landlord has failed to comply with the city’s requirements for eviction.
Because you can pursue an owner move-in eviction even if the tenant has done nothing wrong, the tenant is most likely to raise a defense alleging you’ve violated one of the following tenant protections in the city code:
- You may not remove a tenant from their residence if you have a vacant unit with the necessary number of bedrooms available
- You may not evict any terminally ill patient who has been certified as terminally ill by their doctor
- The tenant you evict must be the most recent tenant to move into a unit with the required number of bedrooms
- You may not evict tenants who have lived in the same residence for at least 10 years and are 62 years or older, disabled, or handicapped
It’s generally a good idea to enlist the help of a qualified attorney during this process, as violating the law can lead to delay, dismissal of your case, civil lawsuits against you, and potentially jail time.
Call CA Property Law Group Today to Know Your Rights as a Landlord
Seeking any kind of eviction is a complex undertaking. However, owner move-in evictions have their own unique challenges and regulations, and without reliable legal representation, it’s easy to run afoul of the law.
The skilled attorneys at California Property Law Group can guide you through each step of the process. Get in touch today to explore our eviction-related legal services.
