Ellis Act Evictions: Your Rights When a Landlord Withdraws From the Rental Market

California Tenant Defense System | Justice Foundation

The Ellis Act is a California state law that allows landlords to remove rental units from the rental market entirely — effectively going out of the rental business. While Ellis Act withdrawals are legal, they come with strict procedural requirements, significant relocation assistance obligations, and re-rental restrictions that landlords frequently violate. Understanding the full scope of your rights under an Ellis Act eviction can mean the difference between an illegal displacement and a properly compensated one.

What an Ellis Act Withdrawal Requires

A landlord who elects Ellis Act withdrawal must: give all tenants a minimum 120-day written notice (extended to one year for elderly or disabled tenants who have lived in the unit for at least one year), pay relocation assistance as required by local ordinance (in San Francisco, for example, this can exceed $20,000 per tenant), withdraw all units in the building from the rental market simultaneously (not just selected units), and actually withdraw from the rental market — which means not re-renting the unit for at least two years, and providing existing tenants a right of first refusal if the unit is re-rented within 10 years at the previously charged rent.

Common Ellis Act Violations

Landlords frequently violate Ellis Act requirements by: failing to provide the full notice period (especially the extended period for elderly and disabled tenants), paying insufficient relocation assistance, withdrawing only some units rather than the entire building, and re-renting units within the two-year prohibition period. Each violation creates liability and potential remedies including rescission of the withdrawal and damages.

Challenging an Ellis Act Eviction

If you receive an Ellis Act notice, verify: the notice period is correct for your situation, the relocation assistance offered meets local requirements, and the landlord is actually withdrawing all units in the building. File complaints with your local rent board if you believe the procedural requirements haven’t been met. The Justice Foundation kit covers Ellis Act procedures in detail for the major California jurisdictions including San Francisco, Los Angeles, Oakland, and Berkeley.