You Can’t Just Ask Them to Leave: An Owner's Guide to Taking Possession of a Rented Unit

If you're an owner hoping to live in a unit that a tenant currently occupies, whether it was your former home or an income-producing rental, Berkeley’s Rent Ordinance places firm limits on when and how you can regain possession. Most properties in the city are protected by Just Cause eviction rules, and even exempt units require proper notice and documentation. This guide explains the six legal ways you can reclaim a residential unit in Berkeley.

A Note on the Tenant Protection Ordinance
Berkeley’s Tenant Protection Ordinance (TPO) makes it illegal for landlords to interfere with a tenant’s right to remain in their home through harassment, misrepresentation, or coercion. Even if a tenant leaves voluntarily, landlords may still face penalties if their actions are found to have improperly influenced the departure. Every option listed in this guide must be handled lawfully, transparently, and, when required, documented with the Rent Board. 

1. Owner Move-In (OMI)

What It Is
An eviction is permitted under Berkeley law when the owner (or a qualified relative) intends in good faith to move into the unit and live there as their primary residence.

Requirements

• You must own 50% or more of the property.

• You or a qualifying relative (spouse, child, or parent) must move in within 3 months and reside there for at least 36 consecutive months.

• You must issue a valid notice of termination, file required forms with the Rent Board, and provide proper disclosures.

Relocation Assistance (2025 amounts)

• $19,126 base payment to all tenant households.

• +$6,375 if the household includes:

  • A minor child

  • A tenant age 60 or older

  • A disabled tenant

  • A low-income household

  • A tenancy that began before January 1, 1999

Additional Requirements and Restrictions

• If the tenant household includes a minor child, the move-out date must fall within BUSD’s summer break.

• You must disclose any 10% or greater ownership in other Berkeley residential properties.

• If another unit you own (10% or more) becomes available before the tenant vacates, you must offer that unit instead.

• If you or your relative vacate the unit in the future, you must offer it back to the displaced tenant at their prior rent plus any Annual General Adjustments (AGAs) that would have applied had they remained in place. This rent reinstatement rule has no time limit, and it applies to future owners as well.

• OMI is not permitted if certain protected tenants (e.g., 60+, disabled, in place 5+ years) reside in the unit and the owner has 5+ rental units—unless the owner or relative moving in is similarly protected.

• On multi-unit properties where a unit was previously exempt from the Rent Ordinance due to owner-occupancy, and that exemption was filed with the Rent Board, an Owner Move-In may only be performed on that previously identified owner’s unit. If such a unit is on record, the owner cannot choose a different unit for OMI.

2. Ellis Act Withdrawal

What It Is
A state law that allows an owner to permanently withdraw all units on a property from the rental market.

Requirements

• You must remove all units on the parcel.

• You must record a deed restriction and file specific notices with the City and Rent Board.

• Tenants are entitled to 120 days’ notice, or 1 year if they are 62+ or disabled and have lived in the unit for at least one year.

Relocation Assistance

• Same amounts as required for an Owner Move-In.

Re-Rental Restrictions

• Within 5 years: You must offer the unit back to the displaced tenant at their original rent.

• After 5 years: You must still offer it back to the former tenant, but market rent is permitted.

• If you re-rent within 2 years, the tenant may bring legal action and seek damages.

3. Tenant Buyout

What It Is
A voluntary agreement where the tenant agrees to vacate the unit in exchange for compensation.

Requirements

• You must give the tenant the official Tenant Buyout Disclosure Form (prepared by the Rent Board) before starting buyout discussions.

• The tenant has the right to cancel the agreement within 30 days after signing.

• The signed buyout agreement must be filed with the Rent Board.

Why It’s Popular
Buyouts can provide flexibility to both parties, and when properly executed, they avoid the constraints of a formal eviction. However, improperly handled buyouts may be voided or interpreted as coercive.

4. Sabbatical or Temporary Lease Term

What It Is
Berkeley provides a narrowly tailored exemption from Just Cause and relocation assistance requirements for owners of certain single-family homes who temporarily rent out their principal residence during a sabbatical or defined absence.

This exemption only applies if all of the following are true:

• The property is a Single-Family Dwelling as defined in the Zoning Ordinance.

• The owner owns only one residential unit in Berkeley.

• The owner occupied the unit as their principal residence for at least 365 consecutive days immediately before renting it.

• The owner is absent for no more than 24 months.

• The period of absence is clearly specified in the lease.

Important Note on Lease Language
Owners using the BPOA lease should ensure the "Owner’s Principal Residence" clause in Addendum No. 1: Specific Terms is completed. This clause reads:

Owner’s Principal Residence: ☐ Resident agrees and acknowledges that Owner previously occupied the Premises as their principal residence, and that Owner has the right to recover possession of the Premises for use as their principal residence at the expiration of the Lease Term.

This disclosure helps preserve the owner's right to reoccupy the unit without triggering Owner Move-In requirements or relocation assistance, provided all legal conditions of the sabbatical exemption are met.

If the temporary nature of the tenancy is not documented in the lease, then standard Just Cause protections apply. In such cases, the owner would need to pursue a formal Owner Move-In or wait for a voluntary vacancy to occur.

5. Exempt Units and Golden Duplexes

What It Is
Some units in Berkeley are exempt from Just Cause eviction protections, including:

• Golden Duplexes: Owner-occupied duplexes that meet strict eligibility criteria and are registered with the Rent Board

• Certain newly built units or ADUs that are exempt under local or state law

Why It Matters
In these limited cases, an owner may be able to recover possession at the end of the lease term or with a standard 30- or 60-day notice, depending on the tenancy.

Important Considerations

• There is no formal registration or verification process with the Rent Board for exempt units. However, you should independently confirm that your property qualifies for exemption before taking action.

• Exemption does not mean you can terminate early or ignore lease terms. Proper notice, lease compliance, and adherence to state law are still required.

• If you claim a Golden Duplex exemption, be sure that one of the units is your principal residence, and maintain credible documentation to support that claim. Acceptable forms of documentation may include a Homeowners’ Exemption on your property tax bill, driver’s license, voter registration, utility bills, or tax filings showing consistent residence.

• Even when Just Cause protections do not apply, Berkeley’s Tenant Protection Ordinance (TPO) still prohibits harassment, misrepresentation, or coercive conduct intended to force a tenant to vacate.

6. Voluntary Vacancy

What It Is
A tenant vacates the unit on their own; no eviction, no buyout, no cause required.

Why It’s Ideal

• No relocation assistance required.

• No Rent Board filings.

• No Just Cause needed—because the tenant chose to leave.

Proceed with Caution
Even when a tenant departs voluntarily, landlords must not engage in behavior that could be construed as coercive or deceptive. Under Berkeley’s Tenant Protection Ordinance (TPO), landlords are prohibited from misrepresenting facts, harassing tenants, or interfering with their quiet enjoyment to encourage them to move out.

If a tenant’s departure is not truly voluntary, the move-out could be challenged, and any missteps may be treated as a constructive eviction under local law. To avoid liability, never imply or pressure a tenant to leave. Any financial incentive should be structured as a formal tenant buyout agreement (see above).

Conclusion

Whether you’re planning to move into your former home or take occupancy of a rental unit for the first time, Berkeley’s Rent Ordinance places significant limits on how and when you can take back your property. Each legal pathway comes with strict conditions, documentation requirements, and, in most cases, financial obligations. If you’re considering reoccupying a unit, BPOA strongly recommends you consult with qualified legal counsel.