OWNER MOVE-IN EVICTION

Owner Move-In Eviction

If a landlord intends to move into her property and use it as her principal residence, she is allowed by law to evict a tenant. This kind of eviction is known as an OMI (owner move-in).

When you own rental property and decide you or your relative want to move in, a word of caution. Significant restrictions apply to OMI evictions. The law requires that:
  • you live in the property for 36 continuous months
  • you pay the tenant a substantial relocation fee
  • you have no other comparable unit available while seeking to evict the tenant
Additional challenges apply if any of the tenants have protected tenant status—for example, if the tenant is elderly, disabled, or has a minor child. 

In San Francisco, additional re-rental restrictions can tie up your property for up to five years and require very specific reporting.

To initiate an OMI eviction, you must serve the tenant with a proper notice terminating tenancy. Your OMI notice must strictly comply with rigorous California state law and with the requirements of the local rent control ordinance. 

Any mistake in an OMI notice, no matter how minor, will allow the tenant to defeat your eviction and prevent you from moving in.

If the tenant doesn’t move out by the expiration date, you may evict her by filing an action for unlawful detainer in court.

Before attempting an OMI eviction, you should consult an attorney who is experienced in these complex matters. The team at McLaughlin Sanchez has the expertise to help you meet all the requirements necessary to evict your tenant. 
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