Owner wants to move back into the unit
Owner wants to move BACK into the unit
- the landlord wants to move back in AND
- you agreed in the lease or other written communication that the landlord could move back into the unit after at a certain period AND
- the owner lived in the unit before as their main residence,
then this is a valid reason for eviction.
If there are school-aged children or school employees living in your unit, and your landlord is trying to evict you during the Oakland Unified School District’s school year, then the eviction notice is NOT valid.
Even if the eviction is valid, 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.
You can try to negotiate with your landlord for more time or even more money to move if you are willing to 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. Get legal help here or join us at a Tenants Rights Workshop to connect to other tenants fighting eviction.
However, if the landlord wants to move back in BUT you did NOT agree in the lease or other written communication OR the landlord did NOT live in the unit before, then this is NOT a valid reason for eviction. Additionally, if there are school-aged children or school employees living in your unit, and your landlord is trying to evict you during the Oakland Unified School District’s school year, then the eviction notice is NOT valid. You can 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 owner fails to move into the unit within 3 months of the tenant moving out, and has not been granted an extension from the Rent Adjustment Program, or if they do not live there continuously for at least 36 months, you are entitled to move back into your unit at your same rent. If this happens, your landlord must pay all reasonable expenses you incur moving back into the unit, including lease termination fees.