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AdmiralAdama
Posts: 20
Registered: ‎04-12-2012
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Owner-occupancy eviction question

If I buy a property with 3 1 bedrooms and 1 2 bedroom, can i move into the 2BR and evict person there, even if they are not the most recent tenant to move in?

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Craftsmanluv
Posts: 131
Registered: ‎03-18-2010
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Re: Owner-occupancy eviction question

I believe that you can move into any unit that you choose as long as you intend to occupy it for at least a year. But check with LAHD.org to be sure.

 

http://lahd.lacity.org/lahdinternet/

 

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GStephan
Posts: 5
Registered: ‎01-28-2013
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Re: Owner-occupancy eviction question

I agree, if their lease on a month-to-month, you should be able to remove that tenant if you move-in the property/unit with the intention of using it as your primary residence.

 

Graham

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Adam-la
Posts: 1,892
Registered: ‎03-15-2011
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Re: Owner-occupancy eviction question


GStephan wrote:

I agree, if their lease on a month-to-month, you should be able to remove that tenant if you move-in the property/unit with the intention of using it as your primary residence.

 

Graham


Graham, It appears you do not know about the rules for multi-family homes in the city of Los Angeles.   There are some pretty serious restrictions on vacating apartments.

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MarivelC
Posts: 5
Registered: ‎10-27-2011
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Re: Owner-occupancy eviction question

 

Your first step should be verifying if the property is in a rent control area.

 

If it is, follow the rules :smileyhappy:

 

You may be able to move in after you pay a large relocation fee to the tenant

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AgentCampus
Posts: 101
Registered: ‎10-01-2012
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Re: Owner-occupancy eviction question

Yes - but you have to notify your tenant first and allot time for them to move and find a place to relocate. Mostly, some landlord give tenants up to 3 months. If it was also stated on the contract you both have agreed then it is okay.

 

But be sure to talk to your tenant and advice them first as much as possible.

"The monotony and solitude of a quiet life stimulates the creative mind."

-Albert Einstein

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newatthis
Posts: 318
Registered: ‎03-28-2009
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Re: Owner-occupancy eviction question

rather than rely on the numerous opinions of various value being offered here, contact the housing authority in your city, or an atty. Its not something you want to screw up. Generally in rent crolled sitatuions two things happen if you remove a tenant and replace them with a family member or yourself: you have to pay a relocation fee and 2) The rent gets frozen at the amount it was when you kicked them out. So if you move out in 10 years, you can only charge what the displaced tenant was paying for rent.

 

again, talk to an expert. That is only my understanding.

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Fishmarty
Posts: 681
Registered: ‎08-25-2012
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Re: Owner-occupancy eviction question


newatthis wrote:

rather than rely on the numerous opinions of various value being offered here, contact the housing authority in your city, or an atty. Its not something you want to screw up. Generally in rent crolled sitatuions two things happen if you remove a tenant and replace them with a family member or yourself: you have to pay a relocation fee and 2) The rent gets frozen at the amount it was when you kicked them out. So if you move out in 10 years, you can only charge what the displaced tenant was paying for rent.

 

again, talk to an expert. That is only my understanding.


I don't get your point 2). Rent control means your rent increase is based on existing rent with existing renters. Once renters move out, you can raise rent to current market rate. It is nothing like 'frozen' on non-existing contract.

 

That's why you have trouble raising rent if renters keep staying in your rental for many many years while the market moves on.

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newatthis
Posts: 318
Registered: ‎03-28-2009
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Re: Owner-occupancy eviction question


Fishmarty wrote:

newatthis wrote:

rather than rely on the numerous opinions of various value being offered here, contact the housing authority in your city, or an atty. Its not something you want to screw up. Generally in rent crolled sitatuions two things happen if you remove a tenant and replace them with a family member or yourself: you have to pay a relocation fee and 2) The rent gets frozen at the amount it was when you kicked them out. So if you move out in 10 years, you can only charge what the displaced tenant was paying for rent.

 

again, talk to an expert. That is only my understanding.


I don't get your point 2). Rent control means your rent increase is based on existing rent with existing renters. Once renters move out, you can raise rent to current market rate. It is nothing like 'frozen' on non-existing contract.

 

That's why you have trouble raising rent if renters keep staying in your rental for many many years while the market moves on.


I can only tell you how it works in santa monica. LA, Long Beach, etc may be different. In Santa Monica, you can force a tenant to leave to move in an immediate family member or yourself if you pay a relocation fee which is based on the tenants income and length of occupancy. However, to prevent people from doing this to get rid of rent controlled tenants who are paying under market value, the rent gets "frozen" at that point. Meaning that the rent that the last non family member tenant paid is the rent that will be used when the unit goes back into non-family hands. Otherwise people would simply kick out tenants who were paying below market rate, move in, than move out and charge market rates.

Like I said, these are very complicated issues, and they will fine the hell out of you if you administrate it wrong. Get professional advise, or consult the relevant city.

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Fishmarty
Posts: 681
Registered: ‎08-25-2012
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Re: Owner-occupancy eviction question

Newatthis,

 

I got your point.

 

Sure you cannot evict renters using 'strategic' method by claiming 'owner occupancy'. You can try that, but government sets some regulations on this kind of situation.

 

I didn't check the laws specifically, but I vaguely remember that after a period of time (one year?) you can move out and hire new renters with market rate.

 

I guess all are based on regular behaviors and rightful assumptions, that owner can change their minds as time goes by and alter the use of their properties. It is not normal that you claim owner occupancy for three months, and then get in new renters for no reason and not a relocation case.

 

In this sense I don't feel and never found or heard there is such a law (whichever state or city) saying your rent price is forever frozen since last renter. If government puts that as a law, for sure I will sue and this is not America.