Owner Move-in Eviction

State law establishes the processes for terminating a tenancy and eviction. Additional local requirements for owner and qualified relative move-in evictions have been added to the state procedure. We strongly suggest you seek legal advice to perform an owner or qualified relative move-in eviction, or if you receive an eviction notice. Rent Board housing counselors can help explain your rights and responsibilities, but are prohibited from providing legal advice.

What units do the local rules apply to?

The local rules apply to all units that have good cause for eviction protections under the Rent Ordinance, which includes all units fully covered by the Rent Ordinance, Section 8 units, newly constructed units, single-family homes, and condominiums.

Qualified relatives

The owner’s:

• Spouse
• Registered domestic partner
• Mother and/or father
• Child

Local rules and relocation assistance payments

If an owner wants to evict in order to move into a unit, or move a qualified relative into a unit, the following requirements apply:

1. The landlord must be at least a 50% owner-of-record of the unit.
2. The landlord must notify the tenant, at the time of giving notice terminating the tenancy, of the landlord's ownership interest in any residential properties in Berkeley where such interest is 10% or greater.
3. The landlord must notify the tenant of the existence of relocation assistance and tenant protections for families with minor children.
4.  The landlord must offer the tenant any unit in Berkeley where the landlord has 10% or greater ownership interest that becomes available before the tenant vacates their unit.
5. The landlord must provide a $18,011 relocation assistance payment to any tenant household that has lived in the unit for at least one year. It must be deposited with the Rent Board within 10 days of service of the notice upon the tenant. The landlord may be required to pay an additional $6,003 in relocation assistance to tenant households that qualify as low income or include disabled or elderly tenants, minor children, or a tenant whose tenancy began prior to January 1, 1999. A household in Alameda County is considered “low income” if the annual income is less than the amounts shown on the Notice of Eligibility for Additional Relocation Assistance form included in the OMI packet (see Related Documents section below).
6. The landlord or relative must move into the unit within three months of the termination and must live in the unit for 36 continuous months.
7. The landlord must give the evicted tenant the right to reoccupy the unit when the landlord or relative moves out. There is no time limit on this requirement.

Evictions for owner/relative move-in are not allowed in the following circumstances

1. The landlord owns less than a 50% recorded interest in the property.
2. The landlord owns an available (currently or within the last 90 days) comparable unit in Berkeley.
3. Where the landlord has at least a 10% ownership interest in five or more residential rental units in Berkeley, s/he may not evict a tenant who has lived on the property for five or more years and wishes to remain in the unit.*
4. Where the landlord has at least a 10% ownership interest in four or more residential units in Berkeley, s/he may not evict a tenant who is at least 60 years old or disabled, has lived on the property for five or more years, and wishes to remain in the unit.*
5. Where an owner has recovered possession for owner move-in by terminating a tenancy, no other current or future landlords may recover possession for owner move-in by terminating a tenancy in any other rental unit on the property except the unit that was subjected to the prior eviction.
6. A landlord is not able to evict a household with minor children if, at the time the eviction notice expires, the Berkeley Unified School District year is in session.

*Exceptions: The eviction prohibitions described in #3 and #4 do not apply where all the landlord's units in Berkeley are occupied by tenants described in #3 and #4 and (a) the landlord's relative is at least 60 years old or disabled or (b) the landlord to move in has owned the property for at least five years and is at least 60 years old or disabled.