Hello,

I want to sell my rental home in Oakland, CA. It is currently rented with the lease expiring in 4/1/18. My tenant is great, and pays on time. She's rented since 2011. The RE agent says I can ask her to leave when the lease is up, but she doesn't have to. I don't want to jack up the rent, I WANT TO SELL MY OWN PROPERTY.

If she refuses to leave (which I just can't imagine, she's a nice person), but if this does happen, they're telling me to offer her money to leave and or pay her relocation expenses...isn't that just crazy???? Has anyone run into this kind of situation?

If the lease expires in April, then let her know you do not intend to renew in April. Give her a few months extra to make preparations. She will have no legal right to stay if you don't renew lease or sign a new one.

Have you considered selling it with her in it to an investor? Is she interested in buying it? Have you asked her?

You have the right to sell it any time you want. You can start by saying to her, I don't want to own this home any longer. It is worth $$$$$$$. (Get an appraisal so you know). I'd like to give you the opportunity to purchase it first at (value minus 10%) if you are interest in doing so by (set a date).

If she says no, then find a real estate agent that sells rental property. List it for sale with her in it. If the new owner is an investor, he/she will understand that the tenant has until the end of the current lease no matter what.

She couldn't afford the house. In California, especially in the Bay Area home prices are crazy. My plan is to talk to her around November. Let her know my intentions. I'm hoping she won't put up a fuss. Like I said, she's a nice person. Homes sell much better empty. No staging. I have a lot of work to do with this house before selling. New floors for one. I can't have anyone in the house to do this work. Also structural, perhaps foundation work.

Nj is also a "just cause " But at least allows a LL to not renew a lease if its sold. I would speak with a lawyer,

#11 talks about the Ellis Act which allows a LL to end the lease if the LL intends to get out of the business, in my lay opinion selling the house you are getting out of the business, I am sure there is case law

What are the just causes for eviction in Oakland?

Under the Oakland Just Cause for Eviction Ordinance, a landlord may only evict for the following eleven reasons:

1. Failure to pay rent;

2. Breach of lease;

3. Failure to sign a lease extension that is materially the same as the original lease;

4. Willful and substantial damage to the premises beyond normal wear and tear;

5. Disorderly conduct that destroys the peace and quiet of other tenants;

6. Use of the premises for an illegal purpose including the manufacture, sale, or use of illegal drugs;

7. Continued denial of landlord access in violation of Civil Code section 1954;

8. The owner of record seeks in good faith, without ulterior reasons and with honest intent, to recover possession of the rental unit for his or her occupancy as a principal residence where he or she has previously occupied the rental unit as his or her principal residence and has the right to recover possession for his or her occupancy as a principal residence under a written rental agreement with the current tenants;

9. The owner of record seeks in good faith, without ulterior reasons and with honest intent, to recover possession for his or her own use and occupancy as his or her principal residence, or for the use and occupancy as a principal residence by the owner of record’s spouse, domestic partner, child, parent, or grandparent;

10. Temporary relocation for three months for substantial repairs; and

No, I'd be selling the home through an RE agent.

Thanks everyone!!

Berta, lots to absorb here, but basically the lease stays with the house--no matter who owns it. You can put it on the market anytime if the tenant will cooperate with showings. But the lease has to be honored by the new buyer. So selling to a family that wants to move in won't work at this time. She signed a contact with you in good faith and you have to honor that.

You have many options:

-market now and sell to an investor

-market now and sell to a family who is willing to wait till the lease ends

-help the tenant find a similar property to rent, and help her move, then market

-encourage the tenant to move by paying her--making it worth her while

-wait till early next year to market with occupation after tenant leaves in April