Landlords often are able to make more money on short-term rentals than long-term rentals, thanks to the rise of Airbnb and competing short-term rental companies like VRBO.

But that doesn’t mean they have the right to terminate your lease and rent out the property through Airbnb. Under California law, tenants have certain protections, including protection against landlords evicting tenants to use the property as a short-term rental.

In this blog, we’ll take a look at the law in California, what protections it offers, and what recourse you may have if your landlord is attempting to terminate your lease or evict you using the Ellis Act. 

What Is The Ellis Act?

There have been several high-profile cases where landlords evicted tenants citing the “Ellis Act” and then converted their properties into short-term rentals through Airbnb. But what is the Ellis Act?

This is a law that allows a landlord to simultaneously evict all tenants from a building if they are going to “go out of business.” Under the Ellis Act, all tenants – not just one or two – must be evicted and every unit in the building must be removed from the rental market. Senior or disabled tenants get a year of notice, while all other tenants get 120 days of notice to quit the property.

In most cases, this is done to change the use of a building. For example, if a property owner wants to convert a four-unit row home into a single-family home, they may use the Ellis Act to evict the tenants. Or, a landlord may use The Ellis Act before selling the property and quitting the landlording business permanently. 

However, some landlords have used The Ellis Act to evict tenants, and then begun renting out the properties on short-term rental websites like Airbnb. This is explicitly not allowed under the Ellis Act, which forbids the landlord from re-renting the units for at least 5 years after eviction. 

How To Enforce Your Rights Against Eviction Under The Ellis Act

If you are being evicted under the Ellis Act and you suspect that your landlord may be planning to use the building for short-term leases, there may not be much you can do about it before they actually begin leasing the units on Airbnb, or re-list them for rent.

However, if you are evicted and then the rental properties reappear on the market for an increased rate – or are used as short-term rentals on Airbnb or a similar service – you may be able to file a suit against the landlord for violating the Ellis Act and seek damages and penalties. 

To learn more about your options, you should contact a Santa Monica tenant attorney. With the help of an attorney, you can build your case and get justice if a landlord terminates your lease to start an Airbnb business.

Contact Schwimer Weinstein If You’re Facing Ellis Act Eviction In Santa Monica

Ellis Act evictions can be legitimate, but it’s becoming more and more common for landlords to illegally use the Ellis Act to raise rents or start short-term rental businesses. 

So don’t wait. If you’re facing an Ellis Act eviction, get in touch with Schwimer Weinstein for a consultation with a Santa Monica tenant attorney. We can help you protect your rights under the Ellis Act and California law. Contact us online or give us a call to schedule a consultation.