Owner Move-In and Relative Move-In evictions
When an owner or qualifying family member intends to occupy a rental unit, recovering possession requires more than simply asking the tenant to leave.
When an owner wants the property back
California law recognizes an owner's ability, in qualifying circumstances, to recover a rental unit for use as a primary residence by the owner or certain family members. But an Owner Move-In or Relative Move-In eviction comes with specific requirements.
The identity of the person moving in, the ownership structure, the existing tenancy, other available units and the rules of the local jurisdiction can all affect whether — and how — an OMI or RMI may proceed.
Bornstein Law helps property owners determine whether an owner or relative move-in is available and navigate the notice, relocation and occupancy requirements that follow.
Who is actually moving in?
An owner move-in begins with the intended occupant. Depending on the law governing the tenancy, qualifying occupants may include the owner or certain close family members.
Ownership structure matters too. Before serving notice, owners should confirm that both the intended occupant and the ownership interest satisfy the applicable requirements.
The intent to occupy must be real
An OMI or RMI is based on an actual intention to make the unit a primary residence — not simply a desire to recover possession of a rental unit.
Under applicable state law, the intended occupant generally must move into the unit within 90 days after the tenant vacates and occupy it as a primary residence for at least 12 continuous months. Local law may impose additional requirements.
Not every tenant can necessarily be displaced
Before proceeding, owners should determine whether the tenant or the property is subject to protections that affect an owner or relative move-in.
State and local laws can restrict these evictions in particular circumstances, and some jurisdictions provide additional protections based on factors such as age, disability, length of tenancy or the availability of another unit.
Relocation and notice requirements matter
An owner move-in is a no-fault termination, which means the tenant may be entitled to relocation assistance or another form of payment or rent waiver under applicable law.
The termination notice must also contain required information and be served properly. Local ordinances may impose additional notice, filing, payment and procedural requirements.
Owner move-ins can look very different from one jurisdiction to another.
California law establishes statewide requirements for owner and relative move-ins, but local ordinances can add substantial protections and procedural requirements. Eligibility, protected tenants, relocation payments, notice requirements, filing obligations and restrictions on which unit may be recovered can depend on where the property is located.
What happens after the tenant moves out?
An owner move-in doesn't end when the tenant returns the keys. What happens afterward can be just as important.
The owner or qualifying relative must actually follow through with the intended occupancy. Applicable law may dictate when the person must move in, how long the unit must remain a primary residence and what happens if those requirements are not satisfied.
Re-renting the unit, changing plans or failing to occupy it as represented can create significant consequences. Owners should understand those continuing obligations before beginning an OMI or RMI — not after the tenant has already vacated.
How Bornstein Law helps
An owner or relative move-in should be evaluated before the notice is served, not after the process is already underway.
Bornstein Law helps property owners determine whether an OMI or RMI is available, identify the state and local rules governing the tenancy, evaluate tenant protections and relocation requirements, and prepare the notices and filings needed to move forward.
We also advise owners about the continuing occupancy obligations that follow after possession is recovered.
Thinking about recovering a unit for yourself or a family member?
Understand the eligibility, notice, relocation and occupancy requirements before beginning the process.