Experience with owner move-in eviction for ADU?

I rent a non-conforming basement unit in my single family home in Oakland to a tenant.  Tenant is fine, but some aspects of my work and family situation have changed and I would like to stop renting the unit and use the space as part of the SFH. Have you done this? Do you have attorney recommendations?  Personal stories to share?  (I know owner move-in evictions aren't happening now -- this is something I'm considering for after the local emergency ends.)

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Are you sure that as an owner occupied unit you are actually covered by Rent Control in Oakland?  If you are exempt, I believe you can end someone’s tenancy once the pandemic restrictions are lifted.  Exempt units in Oakland include:

  • A unit in a property that has been divided into a maximum of three units, one of which is occupied by an owner of record as his or her primary residence. The owner-occupant must live there for at least two years before filing for an exemption.

We are in a similar situation (Oakland, ADU, but conforming). We talked to an attorney and he advised no eviction whatsoever now due to the local emergency. He also advised to make sure the unit is up to code, then apply for an ADU zoning, and then raising the rent because ADUs are (currently) not rent-controlled. We have not followed through his advice yet, so this information is only second-hand.

My understanding is that because this is a non-conforming unit that what you actually have a housemate situation. It's as though you're renting out a room. Housemate situations are one where the main owner has a lot of discretion and can terminate the lease whenever they want, for whatever reason.

You may be in a very difficult situation, even after the local emergency ends. When you say non-conforming, do you mean that this unit is not a legal unit? If that is the case, if you try to evict the tenant, they may have a claim against you for all of the rent they paid. If the unit is a legal unit, then your property is probably not a single family home, it is a duplex which may be subject to all of the tenant's rights laws that apply in Oakland multi-unit buildings. You need a good lawyer to help you sort out the situation and try to come up with an amicable agreement with the tenant. Fried and Williams is good but not cheap. You could get more attorney referrals from the East Bay Rental Housing Association. Good luck. 

As a tenant that was forced to move my family out of an Oakland rent controlled apartment, I can vouch that it is an unfortunate situation for both sides. I will share my thoughts on the experience as the tenant that was forced to move after 8 years of living in the apartment. Timing of the forced owner move-in eviction could not have been worse in our situation. A letter courier delivered the lawyer's owner move-in eviction documents with a check to our doorstep, completely surprising us on June 1, 2019. We were given the minimum 60 days to move out. Trying to find another comparable size apartment at a price we could afford was nearly impossible during the summer of 2019 when this happened. I tried to negotiate a longer search period, but the owner would only extend our move out time by 10 days. 70 days to relocate in the bay area when you are not expecting to do so is extremely stressful, especially during the competitive summer months. Consider that it would be more optimal for your tenant to relocate during the winter months due to the less competitive rental market. Secondly, allow more flexibility with the move out date. A minimum of 90 days would be more considerate, taking into account how long it takes to search for an affordable apartment in the bay.  Lastly, realize that telling a person they have to move out of their home can be traumatic, disorienting and heartbreaking. That is just the reality of the situation. I'm still recovering from the trauma of it all in my new home in Oregon, nearly 2 years later. The harsh reality for my family is that we had to move out of state, like many displaced middle class renters in California. 

My landlord used Lilac Law Group LLP in Oakland, and they were not too terrible to deal with.

I want to thank the tenant who wrote in generously with constructive suggestions to the OP based on their painful experience with an owner-eviction forced move.  Recognizing how complicated and individual each situation is might help in some of these situations.  I have a friend who also is experiencing the trauma of a forced move from an Alameda rental.  Heartbreaking...