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if i buy a fourplex and want to occupy two units, can i evict both tenants?

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pubpol

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in oaklan, ca.  this is assuming the tenant is not in the special protected class.  Or could I evict a tenant if a close relative will move in.  And if so, can I then move the remaining two tenants to the units of my choosing or do they have the right to stay in the specific unit they've occupied?

Related question, can I find a loan program that will count rental income in qualifying income if i have no experience as landlord.


thanks for any help.
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October 17 - Oakland
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Pasadenan

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You also need to check the "covenant agreements" recorded on the property title.  In California Law, "affordable housing" means "government subsidized", and/or "government controlled", and the state insists on incentivising it, and requiring cities and counties to have land-use laws that "allow for its creation", and the city general plans MUST show that there will be sufficient new low income housing to accomidate expected population growth (even if the State projected numbers are way off base).

If a property was built for occupants to have an income in a given economic range (based on county {metropolitian statistical area} median income), you may not qualify to move into the unit even if you "own it" as a "landlord".

Again, check with the local housing office, the local building department, and the title company; and if it is not self evident, you may need a lawyer.
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October 19
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Caleb Yamanaka, "CHUTTA"

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Gregorio,

I think he is talking about those that are protected class as in the example of OMI (Owner Move In) evictions that were mentioned in the link I posted.  There are some class of renter who are protected from being evicted due to the Owner moving in eviction, but as also pointed out in the link there is a standard procedure to an Owner Move In eviction that must be followed.
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October 18
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NTETS, "Caveat Emptor"

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low income something or other, most likely...

georgio, on a scale of 1 to 10, just how happy are your cows there in the golden state?
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October 18
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Gregorio Denny, "Gregorio Denny"

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I am in CA NTETS and it's 30 days. It could be longer depending on how long they have been there but we don't have that info. I am just dying to know what this protected class is.
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October 18
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NTETS, "Caveat Emptor"

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i was under the impression denny was out of CA, i was actually referencing him.
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October 18
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Caleb Yamanaka, "CHUTTA"

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better double check the 30 days notice for California.  Hawaii is 45 days notice on a month to month.

Something about the questions about relatives or owner rings a bell.  I would talk with an Attorney before taking any eviction action, especially if you are breaking a lease.

This article mentions such evictions, but pertains to San Francisco.

although, since your tenants are on month to month I would assume there are easier ways to move towards eviction.

* I am not a licensed Realtor in the State of California nor an Attorney in the State of California.  Please consult with an Attorney to answer your questions.
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October 18
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Pacita Dimacali

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Here's where doing your own due diligence will pay off. Besides checking the links that were provided to you, do more:
1. Review the disclosures on the property, especially the tenant estoppels
2. Are there any legal restrictions regarding the current tenants? Are some of them protected by law for reasons besides being in a protected class, etc.
3. Speak with someone from the Rent Control board and present the examples you just cited, etc. When in doubt, go to the source.

My clients were in contract on a four-plex, where the two sisters were planning to have the property for individual members of the family. By going to the Rent Control board, they uncovered a ruling against the property (not just the owners) that allowed one tenant to stay in the unit for a number of years for just $100/month. This was due to the owner's act of raising the rents without due notice to the renter who sued and won.

By doing your research, you may uncover other facts that may help you make your decision.

Remember, the onus of doing this research falls upon you, the buyer...not your realtor, or the seller's realtor.They can provide you with disclosures provided to them by the seller, but it's still up to you to do the rest.

Good luck!
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October 18
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NTETS, "Caveat Emptor"

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no, you cannot just "take" the appt, no matter who is going to occupy it. you must either convince your new tenant to move, or give them notice.if its a month to month then 30 days shall be sufficient notice.

if they dont leave you need to evict them fair and proper.

i am missing the nuance.

as to the pitfalls to illegal eviction, they range from fines to jail time. civil cases can yield 3x damages for punitive damages.
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October 18
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Gregorio Denny, "Gregorio Denny"

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You have been given the correct answers, what more are you looking for? If you are expecting us to search for a link to the information we just told you, that makes little sense because you can do that yourself. 

If you buy the property, you must honor leases that are in place and after that, you can do whatever you want.
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October 17
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pubpol

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Thanks for the input fellas, just want to make sure these answers apply to my specifics!  I'm hoping to get a response from someone who has actually worked transactions in the city of oakland.  I can see overviews of the local government rules from public agencies (http://cedaonline.oaklandnet.com/rentadjustmentsite/ordinance/index.htm) but this is a more nuanced question.

I probably wasn't clear in my question. So, assume 1 vacant, 2 occupied by special protected class, 1 occupied  by regular tenant, all occupants on month to month.   I want to take the vacant (no problem) AND a second unit from the non-specially protected tenant.  Can I take the second outright?  Can I take the 2nd if a close relative occupies it? What are the pitfalls and can anyone point to actual regs or guidance? 

thanks again for the help!
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October 17
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NTETS, "Caveat Emptor"

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but you can threaten court and you can ask nicely.

you just need to know that you are bluffing.
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October 17
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Roberto Ribas, "azrob"

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You can't evict anybody after buying a property, you have to live up to the terms of the lease they have. AFTER their leases expire, of course you don't have to sign new ones, or you could negotiate with them if they are willing, and they would voluntarily leave.
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October 17
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NTETS, "Caveat Emptor"

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you can offer to settle out of eviction court, if my landlord offered me my security, last month's rent + moving expenses i would go along with it... especially if they were threatening eviction too.
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October 17
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Gregorio Denny, "Gregorio Denny"

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You will need to provide 30 days notice assuming they are in a month to month lease. If they are in a lease of a set duration, you will need to honor this and have the choice to  not renew at the expiration.
 
If you do an FHA loan you can count the rental income.
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October 17
 

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