Month-to-month tenants in Oakland, CA triplex

[Justin Mancherje]

Currently there are two units occupied both paying well below market value in rent. The rental contracts are stated as month-to-month.

The lease has the phrasing : " the term of this agreement is for Month-to-Month, beginning on (beginning of the month) and ending on (end of the month) , at which time tis lease shall terminate without further notice. Any holding over thereafter shall result in Resident being liable to Owner/Agent for daily rental damages equal to the current market value of the unit, divided by 30. A "Month-to-month" tenancy subject to the terms and conditions of this agreement shall be created only if Owner/Agent accepts rent from the Resident thereafter, and if so accepted, tenancy may be terminated by Resident after service upon the Owner/Agent of a written 30-day Notice of Termination. Except as prohibited by law, that month-to-month tenancy may be terminated by the Owner/Agent by service upon the Resident of a written 60-day notice of termination of tenancy. However, Civil code section 1946.1 provides that "if any tenant or resident has resided in the dwelling for less than a year", the Owner/Agent may terminate the tenancy by service upon the Resident of a written 30-day notice"

Do month-to-month tenants have the same protection as tenants with a regular lease? It appears to say that the Onwer/Agent can terminate the lease agreement with 60 days notice, however that is following "except as prohibited by law". 

Is it possible to terminate the lease agreement with appropriate notice? and if not, how does a month-to-month agreement differ at all from a year lease?

[Chris Jones]

The key here is, what does the Oakland rent control / just cause ordinance permit you to do? You cannot evict the tenant without just cause, regardless of what is in the lease, even if you give plenty of notice. You have to have a valid reason to evict (non-payment of rent, etc.) Make sure you read up on Oakland's rent control / just cause ordinances before you do anything. If you have detailed questions, I'd suggest reaching out to an attorney at Fried & Williams LLP. They have an office in Oakland, and they primarily handle landlord/tenant disputes representing landlords.

[Jonathan Payne]

A valid reason includes the tenant not signing a new lease if you want one, but again you may be subject to how much you can increase that rent based on multiple factors. The good news is it's a triplex and subject to less controls, but as Chris stated above - Fried & Williams is a key resource for Oakland landlord laws...http://friedwilliams.com/index.html

[Eddie Memphis]

That's not an eviction. That's a non-renewal. As prohibited by law should mean the fair housing act, race, religion, etc. 

But I'm no lawyer and certainly am not a California lawyer.

[J. Martin]

@Justin Mancherje,

Your lease terms and the 60-day notice are probably irrelevant, given just cause eviction controls and rent control. You cannot just terminate the lease. @Chris Jones is correct. I think the last part of @Eddie Memphis ' statement is correct (not a lawyer and doesn't live in CA). @Jonathan Payne is partially correct in that not signing a lease could be just cause, with the caveat that it has to be a lease that is substantially the same as the original lease. There are ways to do capital pass-throughs. If you owner-occupy a triplex in Oakland, it can be exempt from rent control while you live in one of the units, or certain other exemptions like year built. See here:

http://www2.oaklandnet.com/Government/o/hcd/s/LandlordResources/index.htm

But I'm not a lawyer either, and don't nuthin' about nuthin'...

Good luck!

[Patrick Boutin]

@Jonathan Payne what about fourplex? also what about if you plan to live in one of the units? would that be a just cause to clear out a unit @Chris Jones?

[Thomas S.]

A M2M for the most part provides the exact same security and language to a tenant as a lease in regards to eviction. What it allows is the owners right to non renew on a monthly bases as opposed to the end of a lease term. For good tenants there is no difference between a term and a M2M.

You terminate for personal use or no reason at all if you choose. You can evict a tenant in many jurisdictions for owner occupancy if they have a lease. Non renewal does not require a reason if your state codes allow non renewal.

You need to study your state landlord tenant regulations if you are planning to be in business then post on here for clarification of codes you do not understand.

[Chris Jones]

@Patrick Boutin, it may be possible to evict a tenant in Oakland if you plan to move into the unit. However, there are many restrictions. It is called an "Owner Move-in Eviction." This article from Fried & Williams gives a good overview of the law, but I'm not sure how current the article is. If you're serious about trying to evict in Oakland, you really should speak to an attorney that knows Oakland landlord/tenant law.

[Stephen G.]

1. If you buy a fully tenanted property, you can evict one as long as it's an owner-occupy. Just make sure it's not a protected tenant. 
2. You need to live in said unit for 2 years.
3. After 2 years, you can raise the rent to market. 

Super helpful links:

• https://www.tobenerlaw.com/oakland-rent-control/
• http://rapwp.oaklandnet.com/issues/exemptions/