Are you a landlord in Los Angeles looking to move into your rental property or have a family member take over the unit? The process—known as a landlord occupancy eviction—is governed by strict rules under the Rent Stabilization Ordinance (RSO) and Just Cause Ordinance (JCO). At Mirage Law, we specialize in helping landlords like you navigate these regulations quickly and cost-effectively. Our team at Mirage Law has the expertise to ensure your eviction complies with the Los Angeles Municipal Code (LAMC) and gets you back in control of your property.
Follow this detailed guide to execute a landlord occupancy eviction, and book a consultation with Mirage Law today to secure your success.
Step 1: Confirm Your Eligibility
Before starting, ensure you meet the ownership and intent requirements:
- For Yourself: You must own at least 25% of the property (via legal title or as a trust beneficiary) and intend to live in the unit as your primary residence for at least 2 consecutive years.
- For Family: To evict for a spouse, child, parent, grandparent, or grandchild, you must own at least 50% of the property. The family member must also plan to reside there as their primary home for 2 years.
- One-Time Rule: You can only use this eviction reason once per person per rental complex you own.
- Good Faith: You or your family member must move in within 3 months of the tenant vacating and stay for 2 years—failure to do so risks penalties for bad faith.
Key Restriction: Corporations cannot evict for owner or family occupancy—only natural persons qualify.
Step 2: Check for Protected Tenants
You cannot evict if your tenant is “protected” under LAMC:
- Long-Term Residents: Tenants who’ve lived in the unit for 10+ years and are either 62 or older, disabled (per federal or California definitions), or handicapped.
- Terminally Ill: Tenants certified as terminally ill by a California-licensed physician, regardless of tenancy length.
If your tenant qualifies, stop here and consult Mirage Law for alternative strategies.
Step 3: Verify Unit Availability
- Most Recent Tenant: You can only evict the most recent tenant in a unit with the same number of bedrooms you or your family member needs.
- Vacant Units: If a comparable vacant unit (same bedroom count) exists on your property, you cannot evict—unless a medical necessity (certified by a physician) requires a specific unit.
Step 4: Prepare and File Required Forms with LAHD
To begin, submit these documents to the Los Angeles Housing Department (LAHD):
- Declaration of Intent to Evict:
- Use the RSO-unit Declaration or Non-RSO Declaration based on your property type (available at housing.lacity.gov).
- Include: Rental unit address, tenant names, move-in date, current rent, name of the occupant (you or family member), their relationship to you, and move-in date.
- Answer eligibility questions (e.g., ownership percentage, prior evictions for this person).
- Sign under penalty of perjury.
- Relocation Services Application: File alongside the Declaration to determine relocation assistance amounts.
- Supporting Documents: Attach a copy of your Grant Deed or Trust document proving ownership.
- Fees: Pay non-refundable application fees to “City of Los Angeles – LAHD”
Submission Options:
- Mail: LAHD – Landlord Declarations, P.O. Box 17100, Los Angeles, CA 90057.
- Email: lahd.declarations@lacity.org (check LAHD site for updates).
- In-Person: Visit an LAHD public counter (locations at housing.lacity.gov).
Step 5: Serve the Tenant Notice
- Copy the Declaration: Provide the tenant with a copy of the filed Declaration.
- Notice of Termination: Serve a state-required eviction notice (typically 60 days under RSO/JCO) stating the reason (landlord/family occupancy).
- File with LAHD: Within 3 business days of serving the tenant, submit the notice online at lahd.service-now.com/efs.
Step 6: Pay Relocation Assistance
- Deadline: Pay within 15 days of serving the termination notice—either directly to the tenant or via an escrow account (instructions per RAC 960).
- Standard Amounts: Determined by LAHD (see Relocation Assistance Bulletin). Varies based on tenant age, disability, or dependents.
- Mom & Pop Discount: If you own 4 or fewer units, no other single-family home in LA, and haven’t used this discount in 3 years, you may qualify for reduced rates (not available for corporations).
- Single-Family JCO: For standalone homes (not condos), pay only one month’s rent if you own no more than 4 units plus one separate home.
Step 7: Tenant Vacates and You Move In
- Timeline: You or your family member must occupy the unit within 3 months of the tenant leaving and live there as your primary residence for 2 years.
- Medical Exemption: If a delay occurs due to medical necessity, document it with a physician’s certification.
Step 8: File Occupancy Declarations
Prove compliance by filing with LAHD:
- Within 3 Months: Submit a Declaration of Occupancy (via email to lahd.declarations@lacity.org) confirming move-in.
- 1st and 2nd Anniversaries: File additional Declarations 30 days before each anniversary, verifying continued occupancy.
- Penalties: Miss a filing, and you’ll face a $250/day fine.
Step 9: Handle Re-Rental (If Applicable)
If you re-rent within 2 years:
- Notify Displaced Tenant: Offer them first refusal if they submitted a Notice of Interest in Renewing Tenancy within 30 days of leaving.
- File with LAHD: Submit a Notice of Intention to Re-Rent before leasing.
Avoid Costly Mistakes with Mirage Law
Evicting a tenant for landlord or family occupancy is a minefield of deadlines, fees, and tenant protections. One misstep—like evicting a protected tenant or missing a filing—can lead to treble damages, fines, or even misdemeanor charges. At Mirage Law, our team ensures your eviction is airtight, fast, and affordable.
Book your appointment through our secure calendar link to discuss your case. Don’t risk delays or penalties—let Mirage Law handle the heavy lifting so you can reclaim your property with confidence.