Under the Los Angeles Rent Stabilization Ordinance, a landlord can evict a tenant to occupy a unit him or herself or for a landlord’s family member. Los Angeles Rent Stabilization Ordinance Section 151.09(A)(8) permits an eviction when a landlord seeks in good faith to regain possession of a rental unit for use and occupancy by the landlord or the landlord’s spouse, children, grandchildren, parents, or grandparents. However, there are many specific regulations that apply to a landlord seeking to evict a tenant under Section 151.09(A)(8).
Procedure
First, prior to serving any Sixty Day Notice, a landlord must fill out a “Declaration of Intent to Evict for Landlord Occupancy” and file it with the Los Angeles Housing and Community Investment Department . The form can be found here. A fee must be paid to the Los Angeles Housing and Community Development Department.
Second, a landlord takes the “Declaration of Intent to Evict for Landlord Occupancy” and provides a copy to the tenant when serving the tenant a Sixty Day Notice. A Sixty Day Notice must state the reason for the eviction in addition to providing the Declaration.
Third, relocation assistance must be provided to tenant at the time the tenant moves. A previous blog post highlights the amount of relocation assistance a landlord must pay in these circumstances.
It is important to note that a tenant who does not move out at the end of the 60 Day Notice must be evicted. A landlord would have to file an unlawful detainer against the tenant in order for the tenant to move out.
Requirements
There are also several requirements in order for a landlord to successfully evict a tenant for purposes of moving into the unit or having a qualified family member move in.
- A landlord must own title to at least 25% of the property.
- A landlord cannot evict if there is a comparable unit vacant.
- A landlord must evict the most recent tenant to occupy a unit with the needed number of bedrooms unless the landlord needs a different unit due to a medical necessity (must be proven by a physician). This intends to prevent a landlord must evicting a tenant paying the lowest rent.
- A landlord may not evict a tenant who has lived in the unit for more than ten years and is at least 62 years old or disabled. This is an important requirement to note because you would need to investigate this fact if you are planning to move into a unit that you are currently purchasing.
- A landlord or qualified family member must move in within 3 months of vacancy.
- A landlord or qualified family member must intend to live in the unit for at least two years. This must be proven to the Los Angeles Housing and Community Investment Department annually.
- If a landlord rerents the unit within two years of vacancy, the previous tenants must be notified and be allowed the right of first refusal, but only if the tenant advised the landlord within 30 days of vacancy of the tenant’s desire to consider a renewal of tenancy.
- The unit is not decontrolled after the family member moves out, so the rent would have to be the same as it was prior to the landlord or qualified family member moving in.
Concluding Remarks
Although possible under the Los Angeles Rent Stabilization Ordinance, an eviction for purposes of moving into a unit can be more complicated and involved than a standard eviction. If you have any questions or would like to schedule a consultation with an attorney, please contact Anthony at (818) 839-5220.
