A friend and I are planning to purchase a multiple unit building in Oakland CA. We would occupy 3 units in the building we purchase (one for myself, one for my friend, and one for my mother). I've heard that there might be a maximum number of units we can occupy in our own building. Is this true? I would think that there might be a maximum number of evictions an owner can execute when moving into their building under the owner occupancy rights. However it doesn't make sense to me that there is an absolute limit on the number of units we can occupy in the building.
If in fact there is an absolute limit, is it still considered owner occupancy of a unit if one of the 3 of us is not on the title for the home?
Thanks in advance!
Real Estate Attorney
Many Oakland properties are subject to local eviction controls. If your property is subject to these eviction controls and any of those units are tenant occupied, then you would need "just cause" to evict the tenants. An owner intending to make a unit his residence may be a just cause for eviction.
However, if more than one unit is tenant occupied, then there may be some issues/restrictions in evicting them for owner occupancy.
Anytime you need to evict someone from a unit that is subject to local eviction controls, then you should consult with an attorney familiar with those eviction controls. The Oakland eviction control laws are very complex.
If, however, the three units are vacant or the tenants have voluntarily vacated (no evictions needed), then you are entitled to occupy one or more of those vacant units. There is no maximum number of vacant units in your own property that you may occupy.