Evicting Tenant in Oakland, California
Hello, this is my first time posting on this forum. I have inherited a small apt studio with about 12 units, and am unfamiliar with tenant laws. Currently, I have one tenant who disrupts all the other tenants with her loud sexual behavior, to the point where almost everyone in the complex can hear her. I've asked her multiple times to learn to control her outbursts, but she just doesn't listen. Her lease expired in June, and she just recently handed me a letter telling me she was, "confirming that a new roommate was moving in with her". Is it possible that I create a new lease (since the old one has expired), telling her she cannot have roommates? Also, is it possible that I force her to sign a new lease under new conditions? And if she doesn't can I charge her an outlandish fee so she moves out on her own?
What other grounds may I evict her for for? Also, I am aware that rent can only be inceased once a year by 1.9%. Does this hold true since she is on a month to month lease?
Also, is it possible that I evict her because my brother is moving back into town and needs a place to stay? According to Oakland's just cause ordinance (http://www.oaklandnet.com/government...tCauseRegs.pdf), (8.22.350 A9), it basically says that I can evict on the premise that I have a family member moving in, in her place. How many days notice am I supposed to give?
Thank you for any advice you can extend to me.
Evicting Unpleasant Tenant
If you have valid grounds to evict her under the local ordinance, you would have to give her either thirty or sixty days notice depending upon how long she has lived in the apartment. If you are not familiar with the eviction process, you would do well to use a lawyer your first time or two through the system.