In the City of Los Angeles, the Rent Stabilization Ordinance (RSO) & Just Cause
Ordinance (JCO) gives landlords the right to, in good faith, recover possession of a
rental unit for their own primary use. This right also extends to the landlord’s spouse,
grandchildren, children, parents or grandparents or resident manager.
What is an Owner Move No-Fault Eviction?
In this type of No-Fault Eviction, the Landlord seeks to recover possession of the Rental
Unit in good faith for use and occupancy as a Primary Residence by the Landlord,
Landlord’s spouse, domestic partner, children, grandchildren, parents, or grandparents.
It is important to note that this mode of eviction is only available for properties that are
owned by individuals rather than other legal entities such as an LLC. After all,
companies can’t have families. Remember if you do use an owner move as a means to
evict a tenant, whoever moves into the property must reside there for a minimum of 2
years.
How to Initiate an Owner Move in Eviction in City of Los Angeles
To first start the process, the Landlord must determine if the rental unit in question is
under RSO. One of the ways in which you can do this is by going on ZIMAS (lacity.org),
and typing in the address of the unit. Once you have located the unit click on the tab
that says housing and you should be able to see if your property is under RSO.
Once you have determined whether the unit is RSO, you must out the appropriate
forms. If the Unit is RSO then you must fill out the Declaration of Intent to Evict for
Landlord Occupancy and Relocation Services or Demolition Monitoring Services
Application. If the Unit is Non-RSO then you must fill out the Non-RSO Declaration of
Intent to Evict for Landlord Occupancy and Relocation Services or Demolition
Monitoring Services Application.
When the appropriate form is filled out you must then upload the forms to LAHD, you
are also required to include a copy of the grant deed or Trust document, include the
name and relation of the family member, and the date that they intend to move in.
Multi-Unit Property
If your property has multiple units then there is another rule that must be considered.
According to LA city rules, a Landlord can only recover possession from a tenant who is
the most recent tenant, who is not protected, to occupy a rental unit in the building with
the same number of bedrooms needed by the landlord. The landlord may not recover
possession if there is a vacant unit on the same property with the same number of
bedrooms needed.
A landlord may recover possession from a different tenant if a different unit is required
because of medical necessity, as certified by a treating physician licensed to practice in
the State of California.
Relocation Assistance
Since this is a No-Fault eviction Landlords are required to provide the effected Tenants
with relocation fees. Please see the following chart to give you an idea of how much
relocation assistance you may need to pay. LAHD also mails out the amount that they
require you to pay to you and the Tenant as well.
If you disagree with the amount that they are requiring you to pay, you have 15 days of
the date of issuance to appeal the decision. The relocation assistance is due to be paid
out to the Tenant within 15 days after the service of the eviction notice. This payment
can either be made directly or through an escrow account.
Protected Tenants
Some tenants are exempt from an Owner move in. Tenants who are 62 years or older,
disabled as defined in Title 42 U.S Code Section 423, or handicapped as defined in
Section 50072 of CA health and safety code are all exempt. Tenants who are also considered to be terminally ill as certified by a treating physician licensed to practice in the State of California are also protected. For more information visit the LAHD website.
How Marinaccio Law Can Help
As you can see, the process for evicting a Tenant through an Owner Move in is
complex. If you are a landlord who needs assistance with this matter, work with a
Los Angeles city real estate attorney from Marinaccio Law. We can represent you for evictions in City of Los Angeles along with relocation agreements. Contact us to schedule a consultation for your case at Tel: 818-839-5220.
