Los Angeles Ellis Act Violations Attorney

California is a notoriously competitive real estate market. Every year, rental prices go up and there are new opportunities for housing and commercial development. At times, a landlord’s economic opportunities are at odds with the rights and interests of their tenants. To ensure that both tenants and landlords rights are protected, California adopted the Ellis Act.

What is the Ellis Act?

California adopted the Ellis Act which allows landlords to evict tenants in order to go out of business. In order to comply with the Ellis Act, the landlord must take all of their rental units off of the rental market, meaning that all of their tenants must be evicted. Under the Ellis Act, a landlord cannot evict just one or a handful of tenants.

The Ellis Act was designed so that the purpose of the landlord’s building can be transitioned. For example, the Ellis Act may cover multi-unit buildings being converted into homes, or multiple rental units being converted into condominiums.

How Does the Ellis Act Work?

If landlords want to change the use of their building under the Ellis Act, they must issue an official notice to their tenants regarding Ellis evictions. 

Landlords may attempt to leverage their position of power by issuing notice by phone or letter. In some cases, tenants may mistake these actions as an official eviction notice and move out, giving landlords the ability to continue renting the unit at a higher price.

If your landlord is evicting you for reasons related to the Ellis Act, then you will receive an official eviction notice - not a warning or an advisory.

What Happens After I Am Evicted?

If you are evicted from your home for reasons related to the Ellis Act, then your landlord will not be permitted to use the building for their rental business for five years.

If your landlord violates this term and begins renting within that five year window, then your landlord must allow you and other former tenants to rent the property back at the same rate (adjusted for inflation). Even if you and other tenants do not return to the rental unit, landlords are still held to this adjusted rental rate.

If your landlord waits five years to rent the property, on the other hand, then they may re-rent the unit and charge fair market value for the property.

What Qualifies As Proper Notice For An Ellis Act Eviction?

To properly evict tenants under the Ellis Act, a landlord must provide an official notice of eviction. The notice may take several forms, depending on the circumstances. This may include:

• Notice for Termination with Cause, where an eviction is requested for a specific reason.
• Pay Rent or Quit Notices, when a tenant has not paid their rent
• Cure or Quit Notices, if a tenant violates a term or condition of their lease agreement, such as a failure to adhere to a no-pet clause or violating a noise restriction.
• Unconditional Quit Notice, requiring the tenant to leave the premises with no chance to pay rent or correct a lease violation when a tenant has violated a significant clause in the lease agreement, been late with rent on multiple occurrences, damaged the premises, or engaged in illegal activity on the rental property.
• Notice for Termination Without Cause, which usually comes in the form of a 30-Day or 60-Day Notice to Vacate. These are usually not permitted when there is a term lease for a period of time, such as one or two years.
  

Contact An Tenant Rights Attorney

If you believe that you have been wrongfully evicted from your home as a result of an Ellis Act violation, contact the Los Angeles tenant rights attorneys at Schwimer Weinstein today. We will look at the facts of your case and determine what remedies are available to you.