Owner relatives want to move into the unit
If the landlord, their spouse, domestic partner, child, parent, or grandparent (but not sibling or other relative) wants to move into your unit to live there as their full time residence, then this is a valid reason for eviction. You can try to negotiate with your landlord for more time or even money to move if you are willing to your move out without conflict on the agreed-on date. It may be best to have a lawyer help you make the agreement, especially if it involves a buy-out.
- If it’s not the landlord, their spouse, domestic partner, child, parent, or grandparent moving in, then this is NOT a valid reason for eviction.
- If you have lived in the unit for at least five years and are 60 years of age or older, then this is not a valid reason for eviction UNLESS:
- the person moving in is also 60 years of age or older, disabled, or catastrophically ill AND the landlord has no other rental units not occupied by protected tenants (then the eviction is valid).
- If you have lived in the unit for at least five years AND are physically disabled, mentally disabled, or catastrophically ill, then this is not a valid reason for eviction UNLESS:
- the person moving in is also at least 60 years of age, is disabled or catastrophically ill AND the landlord has no other rental units not occupied by protected tenants (then the eviction is valid).
- If you are being evicted during the Oakland Unified School District’s school year AND you live with a school-aged child OR a school employee, then this is not a valid reason for eviction.
- If the notice is not filed at the Rent Adjustment Program within 10 days of serving it to you, then it is not valid. Even if your landlord says they filed it, check. Many landlords don’t file because then they can only do one eviction of this type in 3 years. If they didn’t file it, respond with a letter saying the notice is invalid.
You can often fight this kind of eviction, and you are eligible for a relocation payment from your landlord. If a landlord is evicting a tenant with Just Cause for certain no-fault reasons (eviction for repairs, owner move-in, Ellis Act eviction), and fails to pay the relocation payment to the tenant(s) in a timely manner, the tenant CANNOT be legally evicted. *A tenant need not sign any documents stating that they will not fight the eviction lawsuit in order to receive the relocation payments. Half of the payment is due when the landlord serves the eviction notice, and half is due when the tenant moves out.
If is not a valid eviction reason, then you will need to write a letter to your landlord stating that the notice is not valid. Send your landlord the signed and dated letter via certified mail and keep a copy.
If the landlord fails to move their relatives into the building within 3 months of the tenant moving out, and has not been granted an extension from the Rent Adjustment Program, or if the relative does not live there for at least 36 months, you are entitled to move back into your unit at your same rent. If this happens, your landlord is required to pay all reasonable expenses you incur moving back into the unit,
including lease termination fees.