In cities with eviction control ordinances like Oakland, landlords need a specific reason to evict, known as a “just cause”. One of the most common “just cause” reasons to evict a tenant is when the property owner or one of his family members wants to move into the unit. This is known as an owner move-in eviction or “OMI eviction” and is permitted only if certain conditions are met. If you are an Oakland landlord seeking to move yourself or a relative into your Oakland property, here is what you need to know about using the eviction process to accomplish that objective.
Determine if Your Property has Eviction Control Limitations
Your building is covered by the Oakland Just Cause for Eviction Ordinance if it is a rental unit with a certificate of occupancy before December 31, 1995. If your unit is illegal, such as a warehouse or an in-law unit, it will also have eviction protection. Additionally, an Oakland landlord can only do an owner/relative move-in eviction if he or she owns at least 33% of your building.
The OMI Notice
The landlord must provide a proper sixty-day notice to do an owner/relative-move-in eviction in Oakland. The notice must include (1) a statement that the owner or relative intends to move in, (2) a list of all property owned by the owner or relative, not just in Oakland but anywhere; (3) a list of any property for which the owner or relative takes a homeowner’s property tax exemption; (4) the lawful rent on the date of the notice; (5) a statement that the tenant has the right to relocation payments and the amount of those relocation payments; and (6) a statement that advice regarding the notice is available from the Oakland Rent Board. If the notice does not contain all these required elements, it is an invalid notice and cannot be used as the basis for an OMI eviction in Oakland.
Qualified Relatives Entitled to OMI Protections
Only certain relatives can be moved in under the Ordinance. The Notice must list one of the following as the person entitled to OMI status: the owner, the owner’s spouse, domestic partner, child, parent, or grandparent.
Additional Protections for Certain Tenants
An Oakland landlord cannot do an owner/relative move-in eviction on a unit where at least one tenant has been residing in the unit for at least five years and is (1) over sixty years old, (2) has a disability as defined by the Fair Employment and Housing Act, or (3) is catastrophically ill.
The Fair Employment and Housing Act broadly defines disability. A tenant is disabled under the Fair Employment and Housing Act if he or she has any health issue that would materially affect a major life activity absent treatment or other mitigating measures.
Relocation Payment Required
The City’s Uniform Relocation Ordinance creates a schedule of relocation payments that will increase every year based on Consumer Price Index fluctuations. Currently, a landlord performing an owner-move-in or relative move-in eviction in Oakland must pay the following moving allowance for tenants who have resided in their unit for more than two years:
$8,042.34 per studio/one-bedroom unit
$9,898.26 per two-bedroom unit
$12,218.17 per three or more-bedroom unit
The relocation benefit amount adjusted annually for inflation on July 1st. Amounts above apply for evictions occurring between July 1, 2024 through June 30, 2025.
A one-time payment of $2,500 must also be paid to any household with at least one elderly, disabled, or catastrophically ill tenant.
One-half of the relocation payment is due when the tenants agree to vacate and the other half is due at move out. If the tenant intends to contest the eviction notice through the unlawful detainer process, then the full amount is owed if and when the landlord prevails in the eviction lawsuit.
Please contact Lynx Legal with any questions regarding the above, or if you are ready to start a case. We can be reached at 888-441-2355 or info@lynxlegal.com. Our experienced staff is standing by to complete the intake or answer any inquiries you may have.