Are Tenants Protected Against Owner Move-In Evictions

Depending on where you live, you may terminate a lease if you or a family member needs to move into one of your rental properties.

Laws governing these evictions will vary by city, making it pertinent that you check your local regulations.

Read on to learn in which circumstances you may perform an owner move-in eviction (OMI).


Individuals Protected From OMI Evictions
Only certain cities, usually those with rent-controlled apartments, allow for OMI evictions.

Pay close attention to the wording of the law.

Even when these evictions are allowed, there are certain individuals who are protected against them.


One of the primary populations protected against OMI evictions are the elderly.

In most instances, individuals over the age of 60—who have lived in a residence for a certain period—cannot be OMI evicted.

In New York City, for example, an individual over the age of 62 cannot face this type of eviction.

The same holds true for disabled people and those who have been in the apartment for over 20 years.

These rules also usually true for disabled or terminally ill tenants.

Additionally, tenants with children who have lived in a rental property for a set amount of time are also afforded protections.

Looking at San Francisco, families with children who have been in a residence for at least a year are protected.

Always double check your local laws to see the necessary qualifications of protected individuals.


Exceptions
Although the elderly, disabled, and families with young children are often protected, these rules have exceptions in certain circumstances.

For example, San Francisco landlords are allowed to evict families with children as long as the school year has passed.

Again looking at San Francisco, an OMI eviction is permitted against a family with a child if the owner—or their family member—plans on moving in with a child.

This exemption exists for elderly occupants as well. In essence, the party that's moving in must meet the same requirements that protect the current inhabitants.

These protections are often linked to how long tenants have lived in the rental property.

While an elderly renter may be exempt from OMI evictions after living in a unit for several years, it's not likely they will have the same protections if they had moved in six months ago.


When OMI Evictions Aren't Legal
There are also instances where a landlord simply won't be provided the option to begin an OMI eviction.

In most cases, the landlord must have no other property in which their family member or themselves could move. If the landlord does have another empty rental unit, they must use that one instead of the property that's occupied.

This is true even if the occupied unit doesn't have individuals who fall under a protected status.

Additionally, the law often dictates that you must live in the same building as your family member.

If you live in Topeka, for instance, and you're trying to do an OMI eviction at a property in California, it's unlikely that the law is on your side.

Undertaking an owner move-in eviction is a difficult process.

When these situations arise, however, there's a good chance that you or your family member will have a place to stay, so long as you're undertaking the eviction in good faith.

Posted on Jul 21, 2015

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