Legal Question in Real Estate Law in California

Re: eviction requirements

Your best bet may be to simply allow the lease to expire.

If there is no option to renew the lease which the

tenant in question may exercise, at the end of the

lease that tenant's right to possession automatically

terminates. Review the lease carefully and look

for any language giving the tenant an option to renew,

means by which the option may be exerised, etc. Also, look

closely for any provisions which might require

notice of end of term of the lease from the lessor

to the tenant. Finally be aware that if you accept rent from

the tenant after the end of the lease, you run a risk of

beeing deemed to have aquieseced to the creation

of a month-to-month tenancy.

As to the question of eviction for owner occupancy,

this really depends on the location of the property.

Many locales have Rent Control ordinances which

also govern regulate the landlord's right to evict.

Contact your local municipality - they should be

able to help you get a copy of the local rent ordinances.

Even if your brother would qualify as a family member,

under your local rent control ordinances, I'd be

surprised if you can evict a tenant occupying under

a lease, prior to termination of the lease. I could

be wrong, but I believe an owner-occupancy eviction

can only be done after 30 day written notice of

termination on a month-to-month lease.

Again, your local rent control board or agency will

probably know better than I.

The foregoing information is provided as an

accommodation only, and does not constitute legal

advice or a legal opinion based on a comprehensive

review of all relevant facts, nor can provision of

such information be construed as creating an

attorney-client relationship.

Best of luck, and feel free to contact me if I can

be of further help.

Thomas Newton

Tims & Newton

14401 Sylvan Street, Suite 215