Landlord Law


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I Love You, You Love Me. Now Get Out

Moving out the tenant, moving in a family member

We own a flat in a rent controlled city. Our tenant recently decided to start her own childcare business in our flat. After the kids arrive, she neglects them and they end up crying all day. Half an hour before the parents come and pick the kids up, she turns on the Barney music. We feel we have been extremely nice to let her use our flat apartment for her business, but my daughter is engaged and we would like her to move in downstairs. What can we do? How should we go about giving the tenant notice without her thinking that the reason is the childcare business?

To tell you the truth, your letter left me feeling rather sympathetic toward your tenant -- until you mentioned the Barney music.

You are perched in a potentially precarious position in which you must follow the law to the letter. Every ordinance deals with the issue of owner move-ins differently. But keep in mind that, whatever the wording of your ordinance, if your tenant has a lease, you must honor it.

Your first step should be to check your rent control ordinance. You can access most California rent control ordinances by going to http://www.tenantnet.com and following the links to cities that have rent control

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