Alternative or Comparable Dwelling

There are a number of specific conditions that must be met for a property owner to use owner occupancy as Just Cause for evicting a tenant.  One condition that must be met is that property owner can not evict a tenant on the grounds that the owner intends to occupy the unit if the owner owns a comparable alternative dwelling.  In other words, a landlord can’t have an available 2 bedroom unit at one end of the hall but then evict a tenant renting a comparable 2 bedroom unit at the other end of the hall on the premise that the landlord will occupy the unit.

Also, if a landlord owns a vacant non-comparable dwelling, the evicted tenant must be offered the vacant dwelling at a rental rate base upon the tenants prior rent.  It is important to note that the terms “comparable” or “alternative dwelling rental rates” are not clearly defined in the law. It would be wise to consult a real estate attorney for exact clarification.