Is Your Ellis Act Eviction Illegal? Know Your Tenant Rights in California

If you’re a California tenant facing an Ellis Act eviction, it’s crucial to understand your legal rights. The Ellis Act (California Government Code §§ 7060-7060.7) allows landlords to permanently remove rental units from the market, but many landlords abuse the law to wrongfully evict tenants—especially in rent-controlled cities like Los Angeles, San Francisco, and Oakland.

What Is the Ellis Act and How Does It Work?

The Ellis Act is a California state law that lets landlords exit the rental business, but it has strict legal requirements:

✔ 120-day written notice before a tenant must vacate.
✔ One-year extension for seniors (62+) and disabled tenants upon request.
✔ Relocation assistance payments required under local rent control laws.
✔ Permanent removal of all units in the building (landlords cannot selectively evict tenants).

When landlords fail to meet these requirements, tenants may have grounds to challenge the eviction in court.

Signs of an Illegal Ellis Act Eviction

If your Ellis Act eviction does not follow legal procedures or is being used as a pretext for retaliation, it may be unenforceable.

1. Your Landlord Failed to Give Proper Notice

✔ Legal requirement: A landlord must provide at least 120 days’ written notice.
✔ Violation: If you never received proper written notification, the eviction may be invalid.

2. Your Landlord Did Not Offer Relocation Assistance

✔ Legal requirement: Landlords must pay relocation assistance to displaced tenants under local rent control laws.
✔ Violation: If your landlord never provided relocation payments, the eviction violates state and local laws.

3. The Eviction Is Retaliation for Complaints About Habitability

California law (Civil Code § 1942.5) prohibits landlords from evicting tenants in retaliation for reporting unsafe or uninhabitable conditions such as:
❌ Mold, plumbing leaks, or pest infestations
❌ Broken heating, electrical hazards, or structural damage
❌ Fire hazards or code violations

🚨 Red flag: If you recently reported your landlord to code enforcement or demanded repairs, and soon after received an Ellis Act eviction notice, your landlord may be violating the law.

4. The Landlord Is Still Renting or Leasing Units

✔ Legal requirement: The Ellis Act requires landlords to remove all rental units from the market.
✔ Violation: If your landlord continues to rent units after evicting tenants under the Ellis Act, they may be committing fraud.

How to Fight an Unlawful Ellis Act Eviction

If you believe your Ellis Act eviction is illegal, you have legal options:

1. File a Wrongful Eviction Lawsuit

• You may be entitled to damages if the eviction is fraudulent or retaliatory.
• Courts can invalidate the eviction if Ellis Act requirements were not met.

2. Challenge the Eviction in Court

• If the landlord failed to provide proper notice or relocation assistance, the eviction may be legally unenforceable.
• You can request a court hearing to contest the eviction.

3. Report the Landlord to Local Housing Authorities

• Cities like Los Angeles, San Francisco, and Oakland have strong tenant protection laws.
• Filing a complaint can result in fines or penalties against the landlord.

4. Contact a Tenant Rights Attorney

• A tenant rights lawyer can help you challenge the eviction and seek damages.
• Some legal aid organizations offer free or low-cost tenant advocacy services.

Final Thoughts: Protect Your Home & Fight Back Against Illegal Evictions

The Ellis Act was created to allow landlords to exit the rental business, not to be used as a loophole for wrongful evictions. If your landlord is trying to evict you unlawfully, you do not have to leave without a fight.

💡 Know your rights, challenge unlawful evictions, and hold bad landlords accountable.

📌 Have you faced an Ellis Act eviction? Share your experience in the comments below or reach out to a tenant advocacy group for help!