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Elma Van der Ryst
  • Marina Del Rey, CA
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Is an owner-occupied duplex rent stabilized?

Elma Van der Ryst
  • Marina Del Rey, CA
Posted Jul 13 2022, 19:46

The owner (me) moved in after the tenant, if that makes any difference.

I don't necessarily want them out, but according to the lease I've inherited when I bought the duplex, they have a parking spot where I want to build a garage and an ADU. They can have a spot in the garage afterwards which will beat the snot out of parking in mother nature, but it'll take a few months to build during which they will have to park on the street. I'd like to know what I can and can't do. I know I can negotiate and I will, but I want to know what I can legally do in case that fails. Can I raise the rent with 50% because I live there, or can I improve my property as long as they get their amenity back when I'm done, perhaps?

Thanks in advance for any help.

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Bjorn Ahlblad
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#5 Multi-Family and Apartment Investing Contributor
  • Investor
  • Shelton, WA
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Bjorn Ahlblad
Pro Member
#5 Multi-Family and Apartment Investing Contributor
  • Investor
  • Shelton, WA
Replied Jul 13 2022, 22:35

That is a tall order. California tenant law changes by State, City and County. I would suggest if you want 'legal' hire a local attorney who is completely versed in local laws. Some places the only way you can remove a tenant is if you want to occupy the unit and pay relocation costs. I was a LL in Silicon Valley for 30 years so I have some knowledge but in most cases the law does not really matter.