Owner Move In (OMI) Evictions

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What Is an Owner Move in Eviction?

An owner move in eviction is an eviction of a residential tenant by an owner so that the owner can move into the unit.  Also see Landlord and Tenant Evictions.  There are many similar provisions that allow the owner's spouse, mother, father, or children to use owner move in evictions as well, but some cities have restricted these evictions.  Owner move in eviction requirements and procedures vary from city to city.  The city the rental unit is located is very important in determining the rights of the tenant and landlord. 

Do All Owners Who Want to Move into Their Rented Unit Have to Follow Owner Move in Statutes?

No.  Owner move in evictions can only occur if allowed by statute and usually occur in cities that have rent control and that require just cause evictions.  Not all cities that have rent control or that require just cause evictions have owner move in statutes, in which case the owner can only evict the tenant for just cause as provided by the local statute.  Periodic tenancies, such as a month to month tenancy, in cities that do not have rent regulation can be terminated with the proper amount of notice, for any reason.  The proper amount of notice depends on which city the rental unit is located and is usually 30 to 60 days.  If the lease is a term of years, for example a one year lease, then notice is usually not required, although some cities require notice from the owner of an intent not to renew the lease. 

What Requirements Must the Landlord Satisfy to Successfully Do an Owner Move in Eviction?

The exact provisions an owner must follow vary from city to city.  Generally, for an owner to take advantage of the owner move in provision, the owner must: 

Are Owner Move In Evictions Ever Prohibited?

Yes, owner move in evictions are prohibited for certain reasons.  The reasons vary depending on which city the rental unit is located.  Generally, owner move in evictions are prohibited in multi unit building under the following circumstances:

Requirements an Owner Must Satisfy after Evicting the Tenant

After the tenant has moved out, there are certain requirements that the landlord must still meet.  Generally, the requirements are that the owner must:

If the owner does not follow the requirements above (or any other requirements that the city statute may impose), the owner must offer the unit back to the evicted tenant first before attempting to rent to another tenant.  The tenant also has a cause of action for wrongful eviction.

Do I Need a Real Estate Lawyer for an Owner Move in Eviction?

Landlord tenant law is very complex, varies by city, and is constantly undergoing changes.  A real estate lawyer will be able to advise you of the exact rules your cities has regarding owner move in evictions and can protect your rights, whether you are an owner trying to utilize the owner move in eviction statute or a tenant fighting an owner move in eviction.

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Last Modified: 04-19-2016 12:33 PM PDT

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