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Updated about 9 years ago on . Most recent reply

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268
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Simon Stahl
  • Rental Property Investor
  • Oakland, CA
106
Votes |
268
Posts

Do I need a just cause to give notice to tenant?

Simon Stahl
  • Rental Property Investor
  • Oakland, CA
Posted

I am looking around to buy a property in or around Oakland, CA and was wondering if it is worth looking at the ones that are tenant occupied. I know Oakland is very renter friendly and you need a just cause to evict someone. I am a bit unsure though if eviction is the same as giving notice. 

If I buy a property that is tenant occupied, can I give notice to him/her without just cause? I would want to rehab the property and then either sell it or rent for a market prize. 

One more question: does it make a difference if the tenant is section 8 or not?

Thanks

Most Popular Reply

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196
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181
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DG A.
  • San Francisco Bay Area
181
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196
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DG A.
  • San Francisco Bay Area
Replied

I think it's totally worth it!

Unfortunately, you cannot just "give notice" to someone in Oakland... Unless you live IN the building as your personal residence, and it's divided into 3 or fewer units.

You could however give the tenant notice that you intend to move in. That would be considered a just cause reason to evict. The tricky part there, is if you follow through with an owner move in eviction, you are required to live in the property for a minimum of 3 years. 

You should consider reading the just cause for eviction ordinance from top to bottom. It's really worth the investment! It takes about 3 hours, but you'll be light years ahead of other investors trying to find value in tenant occupied properties. 

Here's the PDF of the Just Cause ordinance: www2.oaklandnet.com/w/OAK036393

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