Landlord wants to evict tenant

I (landlord) want to evict the tenet one month before the lease gets over (lease is getting over on 1st Nov 2008). The lease was signed last year for 1 year.

The reason is the Mortgage Interest payment on the rental property is resetting to very high APR. (7.5%). In order to get lower APR for the rental property needs to be my primary residence.
This would put me in great financial hardship if i don't refinance the loan.
So I want to break the lease on Oct 1 and move to house on Oct 5.

I live in San Diego County

Thanks

I don't see a reason to evict there. But you could make an agreement to pay him to leave.

I agree. You have no basis to evict the tenant here. He has done nothing in violation of the lease. Your own financial problems should have been known earlier. You knew the date when the APR would reset. You could have written a shorter lease to be sure the property was your personal residence prior to the reset date so you could refinance in time. Failure to plan ahead on your part does not entitle you to evict the tenant.