California Ellis Act Eviction: Complete Compliance Guide for Unit Removal (2026)

What Is the Ellis Act and When Does It Apply?

The Ellis Act, codified in California Government Code §7060 et seq., is a state law that permits landlords to withdraw rental units from the market. It explicitly overrides local rent control ordinances by allowing the owner of a residential building to evict tenants and permanently remove units from rental use—a right that does not exist in most other states.

However, the Ellis Act is not a “no-cause eviction” tool. It has strict procedural requirements, intent requirements, and penalties for abuse. Courts and the California Attorney General have interpreted it narrowly to prevent landlords from using it as a pretense for removing “problem” tenants or circumventing rent control.

Key Legal Requirements Under State Law

Purpose Limitation: You can only use the Ellis Act to withdraw the entire residential building or a legally defined unit from rental use. Gov. Code §7060.1 states: “An owner of a residential building may withdraw the building or units thereof from rental use.” The statute does not define “withdraw,” but case law has established that this means permanent removal—the unit must be genuinely removed from the rental market, not just held vacant pending a future re-lease.

Genuine Intent Requirement: Case law, particularly *Ramirez v. Rivera*, 207 Cal.App.3d 1055 (1992), established that the Ellis Act requires genuine intent to remove the unit(s) from rental use. If evidence later shows the unit was re-rented, converted to a short-term rental, or offered back to the market within the statutory period, tenants can claim wrongful eviction and seek damages.

Local Ordinance Compliance: While the Ellis Act preempts rent control caps, it does not preempt local procedural requirements or relocation assistance mandates. Gov. Code §7060.2(a) explicitly allows local agencies to regulate Ellis Act withdrawals. This means your city or county can require additional notice periods, relocation payments, or other conditions beyond the state minimum.

Step-by-Step Compliance Timeline for Ellis Act Evictions

Step 1: Verify Local Ordinances and Relocation Duties (Days 1–7)

Before sending any notice, research whether your city has adopted Ellis Act regulations. The following jurisdictions have material restrictions:

Jurisdiction	Key Requirement	Citation
San Francisco	Relocation assistance ($15,000–$30,000 per tenant); Tenant right to return to alternative unit at same rent	SF Admin. Code §49.2
Los Angeles	Relocation assistance ($9,000–$16,000 for low-income tenants); 180-day notice; Owner move-in requirement waived	LA Municipal Code §151.09
Oakland	Ellis permit required; relocation assistance ($10,000+); anti-harassment notice required	Oakland Municipal Code §8.22.130
Berkeley	Ellis permit required; relocation assistance; 120-day notice minimum at state level	Berkeley Municipal Code §13.76
West Hollywood	Relocation assistance; tenant buyout alternative; Ellis withdrawal fee	West Hollywood Rent Stabilization Ordinance §1.5

Action Item: Contact your city’s housing department or rent board directly. Many maintain Ellis Act fact sheets and filing procedures online. Document all local requirements in writing before proceeding.

Step 2: Prepare Notice of Intent (Days 8–14)

Your notice must comply with Government Code §7060.2(c), which requires:

• Written notice delivered per §1162 procedures — Personal delivery, substituted service, or certified mail (see CCP §1010 et seq.)
• At least 120 days’ written notice — The clock starts when the notice is received by the tenant, not when it’s sent
• Specific language stating the purpose — Gov. Code §7060.2(c) requires notice “clearly stating that it is an intent to withdraw the unit(s) from rent control and all rental use”
• Information about tenant rights and relocation assistance — If your city requires relocation payments, the notice must disclose amounts and procedures
• Statement that the tenant will not be permitted to remain — Some jurisdictions require explicit notice that this is permanent removal, not temporary vacancy

Required Notice Language (Minimum):

“This is notice of the owner’s intention to withdraw the property/unit at [address] from residential rental use, under the Ellis Act (California Government Code §7060 et seq.). You will be required to vacate the property by [date, 120+ days from notice receipt]. You are entitled to relocation assistance as required by [local ordinance citation]. For information about your rights, contact [city housing authority contact information].”

Red Flag: Do not include language suggesting the owner intends to occupy the unit personally, convert it to commercial use, or re-rent it later. This contradicts the statutory requirement and creates evidence of wrongful eviction intent.

Step 3: Serve Notice Properly (Days 15–21)

Service must comply with California Code of Civil Procedure §1162, which governs eviction notice service. Valid methods include:

• Personal delivery to the tenant or substitute (family member, adult household occupant)
• Certified mail with return receipt to tenant’s last known address
• Posting and mailing if substituted service is needed (posting at unit entrance + mailing)

Keep proof of service: the original return receipt, signed certified mail receipt, or affidavit of service. If you file an unlawful detainer action later, the court will require documented evidence of proper service.

Timing Note: The 120-day period does not begin until the tenant receives the notice. If you use certified mail, it is received on the signature date. If posting and mailing, service is complete five days after posting.

Step 4: Provide Relocation Assistance (If Required Locally)

If your city requires relocation assistance, you must provide it. This is not optional, and non-payment can result in:

• Injunction blocking the eviction
• Tenant right to remain in the unit
• Damages equal to the unpaid assistance amount
• Treble damages and attorney fees under Gov. Code §7060.7

San Francisco Example: Tenants displaced via Ellis Act eviction are entitled to $15,000 minimum (or greater of 50% of annual rent), plus an additional $5,000 if the tenant is over 62 or disabled (SF Admin. Code §49.2.3). The payment must be made within 10 days of the notice if the tenant does not negotiate a longer timeline.

Los Angeles Example: Tenants in Los Angeles receive $9,000–$16,000 depending on household income and unit type. Payments are made to the tenant before or on the move-out date (LA Municipal Code §151.09(d)).

Step 5: File Notice of Withdrawal (If Required Locally)

Some jurisdictions require you to file a formal Ellis Act withdrawal notice with the local housing authority or rent board. This typically includes:

• Property address and unit number
• Tenant name(s)
• Notice service date
• Intended move-out date
• Certification that the unit will be removed from rental use
• Proof of relocation assistance payment or agreement

Oakland and Berkeley require Ellis permits before or concurrent with notice service. Failure to file blocks the eviction timeline and can result in suit dismissal if you later file unlawful detainer.

Step 6: Wait Out the 120-Day Notice Period

During this period, you cannot file unlawful detainer. You can, however:

• Communicate with the tenant about move-out arrangements
• Negotiate a buyout or early termination if desired
• Prepare the property for withdrawal (maintenance, conversion planning)
• Arrange for relocation assistance payment

The tenant remains liable for rent during the notice period. If rent is unpaid, you can pursue that separately.

Step 7: File Unlawful Detainer If Tenant Refuses to Leave (Day 121+)

If the tenant does not vacate by the end of the 120-day period, file an unlawful detainer action in superior court under CCP §1161. The notice becomes the basis for the eviction claim. Include in the complaint:

• Proof of service of Ellis Act notice
• Verification that the notice period has expired
• Certification that relocation assistance was paid (if required)
• Proof that the unit will be withdrawn from rental use

The tenant may raise affirmative defenses, including:

• Failure to provide required relocation assistance — Defense bars eviction
• Improper notice or service — Notice must contain specific statutory language
• Sham withdrawal — Evidence that the unit was re-rented within five years or offered for rent before withdrawal
• Violation of local Ellis Act ordinance — City-specific procedural defects

The Five-Year Re-Rental Prohibition: Critical Compliance Point

Government Code §7060.5(d) contains a provision that many landlords overlook:

“An owner shall not, for a period of five years following the withdrawal of a residential unit from rental use, offer to rent, advertise, or rent the same residential unit as a rental unit unless [specific exceptions apply].”

What This Means: Once you withdraw a unit via Ellis Act, you cannot re-rent it—to any tenant, at any price—for five years. Violations create liability for:

• Wrongful eviction damages (often $50,000+)
• Treble damages under §7060.7
• Tenant’s right to remain in the unit and avoid rent increases
• Injunction preventing the relisting

Permitted Uses After Withdrawal

You can use the unit for:

• Owner occupancy (the owner must live there personally)
• Conversion to condominiums for sale (not rent)
• Demolition
• Use as a business office or non-residential space
• Storage or other non-rental purpose

Courts are skeptical of “owner occupancy” claims. In *Ramirez*, the court found that when the owner later re-rented the unit, this was evidence of pretextual withdrawal. If you claim owner occupancy, you must actually occupy the unit for the five-year period. Temporary use followed by re-leasing is evidentiary of wrongful eviction.

Drafting a Compliant Tenant Buyout Agreement

Many landlords and tenants negotiate Ellis Act settlements: the tenant agrees to vacate early in exchange for a cash payment (often more than relocation assistance but less than litigation costs). This is lawful if done correctly.

Required Elements of a Valid Buyout Agreement

• Voluntary mutual agreement — No coercion, threats, or implied pressure
• Clear consideration — The amount paid must be explicitly stated
• Waiver language (if applicable) — Tenant acknowledges they are waiving right to contest the eviction
• Move-out date — Specific date tenant will vacate and return possession
• Right to counsel — Tenant should be advised to consult an attorney; documentation that tenant was offered this opportunity strengthens enforceability
• No further tenancy — Clear statement that tenant will have no further interest in the unit or building

Sample Language

ELLIS ACT SETTLEMENT AGREEMENT

This agreement is entered into voluntarily by and between [Landlord] (“Owner”) and [Tenant] (“Tenant”) on [date].

WHEREAS, Owner has provided notice of intent to withdraw the unit located at [address] from rental use under the Ellis Act; and

WHEREAS, Tenant has been provided 120 days’ notice to vacate the property; and

WHEREAS, Owner and Tenant wish to mutually agree to early termination of the tenancy;

NOW, THEREFORE, the parties agree as follows:

1. Move-Out Date: Tenant shall vacate the unit and return possession to Owner on or before [date], in clean, undamaged condition (reasonable wear excepted).

2. Payment: Owner shall pay Tenant $[amount] as consideration for early termination. This payment is in addition to [or in lieu of] relocation assistance required under [local ordinance]. Payment shall be made on [date] by [method: cashier’s check, wire transfer, etc.].

3. Voluntary Agreement: Tenant acknowledges that this agreement is voluntary, that no threats or coercion were used to induce this agreement, and that Tenant has had the opportunity to consult with legal counsel.

4. Lease Termination: Upon execution and payment, the lease is terminated and Tenant has no further rights or claims against Owner with respect to the unit or the Ellis Act notice, except as expressly stated herein.

5. Security Deposit: Owner shall return Tenant’s security deposit in accordance with California law, itemized statement attached as Exhibit A, within 21 days of move-out.

6. No Further Tenancy: Tenant agrees that they will not seek to renew, extend, or reinstate tenancy in the subject unit or any other unit in the building.

7. Release: To the extent permitted by law, Tenant releases Owner from claims arising from the Ellis Act notice and this termination, except for claims related to security deposit return or habitability violations incurred during the occupancy period.

IN WITNESS WHEREOF, the parties have executed this agreement as of the date first written above.

Owner: _________________________ Date: _________
Tenant: _________________________ Date: _________

Critical Note: Do not use settlement agreements to waive illegal claims (e.g., habitability violations, discrimination, wage theft by retaliatory eviction). Such waivers are void under California law. The tenant can still pursue those claims even after signing a general release.

Penalties for Ellis Act Violations

Government Code §7060.7 provides the enforcement mechanism:

“Any person who willfully violates §7060.1 through §7060.6 shall be liable to the tenant in the amount of three times the damages caused by the violation, plus court costs and reasonable attorney fees.”

Damages Calculation Examples

Scenario 1: Sham Withdrawal (Re-Renting Within 5 Years)

Tenant was evicted via Ellis Act with relocation assistance of $12,000. Eighteen months later, landlord re-lists the unit for $2,400/month (increase from $1,800 at time of eviction). Tenant discovers this and sues.

• Actual Damages: $12,000 (relocation assistance cost) + $108,000 (difference in rent over 18 months: $600 × 18) + emotional distress/relocation costs (variable, often $5,000–$20,000) = ~$125,000
• Treble Damages: $125,000 × 3 = $375,000
• Attorney Fees: $25,000–$75,000
• Total Exposure: $400,000–$450,000+

Scenario 2: Failure to Provide Required Relocation Assistance

San Francisco Ellis Act eviction, tenant entitled to $20,000 relocation assistance, landlord paid $0. Tenant sues.

• Actual Damages: $20,000 (unpaid assistance)
• Treble Damages: $20,000 × 3 = $60,000
• Attorney Fees: $10,000–$30,000
• Total Exposure: $70,000–$90,000

Scenario 3: Improper Notice or Procedure

Landlord failed to use proper service method, gave less than 120 days’ notice, or omitted required language from the notice. Tenant remains in unit and sues for wrongful eviction.

• Actual Damages: Varies; can include rent differential, moving costs, emotional distress; often $15,000–$50,000
• Treble Damages: $45,000–$150,000
• Attorney Fees: $15,000–$50,000
• Equitable Remedies: Tenant may obtain injunction blocking the eviction and right to remain

Common Pitfalls and How to Avoid Them

Pitfall 1: Failing to Research Local Ordinances

Error: Landlord sends 120-day notice without researching city requirements, which mandate 180 days and relocation assistance of $18,000.

Consequence: Notice is legally defective. If tenant contests, eviction is dismissed. Landlord may be liable for attorney fees.

Prevention: Contact your city housing department or rent board at the start. Request the Ellis Act procedures document and any local ordinance amendments adopted in the last 3 years.

Pitfall 2: Using Vague or Incorrect Notice Language

Error: Notice states, “You are required to vacate because the owner intends to occupy the unit” (owner-move-in notice language), not Ellis Act language.

Consequence: Notice is defective. Even if 120 days pass, eviction is invalid because notice did not clearly state intent to withdraw from rental use. Tenant can sue for wrongful eviction.

Prevention: Use exact statutory language from Gov. Code §7060.2(c) or cite local ordinance language. Have a housing attorney review the notice before service.

Pitfall 3: Accepting Rent After Notice Period Expires

Error: Landlord provides Ellis Act notice on January 1, tenant does not vacate by April 30 (120+ days), but landlord continues accepting rent in May.

Consequence: Acceptance of rent may be interpreted as waiver of the notice or consent to continued tenancy. If tenant later sues, landlord’s conduct suggests the eviction was not genuine.

Prevention: Cease rent collection on the 120-day notice-to-vacate date. Any rent paid after that date should be held in a separate account or returned. If you must file unlawful detainer, do so promptly after the notice period expires.

Pitfall 4: Converting the Unit to Short-Term Rental or Airbnb After Withdrawal

Error: Landlord evicts tenant via Ellis Act, claims permanent withdrawal, then lists unit on Airbnb starting 6 months later.

Consequence: Short-term rental is not “owner occupancy” or a permitted use under §7060.5(d). Tenant discovers the listing, sues for sham withdrawal, and wins treble damages.

Prevention: If you intend to operate the unit as a short-term rental, do not use the Ellis Act. Lease-terminate under state law (60-day notice for at-will, per §1946.1) and disclose the intended use to the tenant upfront. Some cities (San Francisco, Los Angeles, Berkeley) regulate short-term rentals; verify local rules before converting.

Pitfall 5: Pressuring Tenants Into Buyout Agreements

Error: Landlord tells tenant, “If you don’t sign this buyout agreement by Friday, I’ll file for eviction and you’ll have legal fees.” Tenant signs under duress.

Consequence: Contract is voidable for lack of voluntary assent. Tenant can disaffirm the agreement and remain in unit, or seek damages for duress.

Prevention: Offer buyout as a mutual benefit. Document that tenant was given reasonable time (2+ weeks) to consider, advised to seek counsel, and was not threatened. Include in the agreement: “Tenant acknowledges this agreement was entered into voluntarily without threat, duress, or undue pressure.”

Compliance Checklist: Ellis Act Eviction

Special Situations and Edge Cases

Multi-Unit Buildings and Partial Withdrawals

If you own a 10-unit building and want to withdraw only 3 units, you can do so. However, each unit requires separate notice and separate relocation assistance. Gov. Code §7060.1 states that an owner “may withdraw…units thereof,” meaning