Terminating lease due to selling house in Oakland?

Terminating lease due to selling house in Oakland?

Member since 2019 · 5 posts · 0 votes

If I want to sell my property in Oakland and there is a tenant living there under a month-to-month lease, is it possible to terminate this lease? I don’t have any other reason to terminate the lease other than I want to sell the property, and it’s much easier to do that without a tenant living there. 

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  • Member since 2018 · 4 posts · 0 votes
    7y

    How many units is it?

    If it is a single family residence then probably yes, if it is not then probably no.

  • San Francisco Bay Area · Member since 2015 · 196 posts · 181 votes
    7y

    no you cannot just terminate the lease,  the property (even single family homes)  are subject to just cause for eviction. 

  • Rental Property Investor · Bay Area, CA · Member since 2018 · 29 posts · 15 votes
    7y

    @DG A. and others - how does protected status factor into all of this? If tenants claim protected status could a new owner not even do an OMI, with relocation payment, documentation, etc...

  • San Francisco Bay Area · Member since 2015 · 196 posts · 181 votes
    7y

    That's correct.  You could not OMI unless,  as the owner, you have protected status. I would avoid offering on buildings with elderly or disabled folks. 

  • Rental Property Investor · Bay Area, CA · Member since 2018 · 29 posts · 15 votes
    7y

    @DG A. Thanks! I did get a good FAQ from an attorney and am talking to one later this week. 

    Any insight on how to figure out if a tenant is elderly or disabled? Is this something you can ask the sellers/sellers agent? 

  • San Francisco Bay Area · Member since 2015 · 196 posts · 181 votes
    7y

    if their birthday is on their lease that gets you one. The other is not so simple. I'm learning what it means to house elderly tenants. I would not buy a house with elderly tenants in place again. I've learned a lesson the hard way now that Oakland has eliminated the ability to get to market rate rent as an owner occupied duplex owner. 

  • Rental Property Investor · Bay Area, CA · Member since 2018 · 29 posts · 15 votes
    7y

    Thanks for the insight. Quick update - looks like there are no leases, but I do have one (and will have the other) estoppel. But to your points, seems like a very tricky one... 

  • Rental Property Investor · Bay Area, CA · Member since 2018 · 29 posts · 15 votes
    7y

    Spoke to an attorney at Lilac Law in Oakland. They do free 15 minute consultations, which was exactly what I needed for this- - and others may find them useful too. 

    Words like "I wouldn't touch that with a 10 ft pole" were used...

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