Key Takeaways
- Ellis Act applies statewide but is heavily restricted in rent-controlled cities — Government Code §7060-7060.7 permits removal of rental units from market, but San Francisco, Los Angeles, Oakland, and other jurisdictions have created near-total bans or 10+ year restrictions before re-renting or reconversion.
- 120-day minimum notice required to all tenants — Failure to provide notice in writing by registered mail and first-class mail, with proof of service, invalidates the entire eviction and exposes you to damages.
- Relocation assistance is mandatory in most California jurisdictions — Tenants are entitled to 1–3+ months’ rent depending on local ordinance; San Francisco requires $15,000+ for senior/disabled tenants; non-compliance results in statutory damages of $1,000–$5,000 per tenant plus attorney fees.
- Ellis Act evictions are not “no-fault” terminations — They trigger relocation fees, anti-retaliation protections, and heightened scrutiny; lying about intent to remove units (owner move-in, repairs, etc.) can result in wrongful eviction lawsuits with damages of $5,000–$10,000+ per tenant.
- Local ordinances override state law — Many cities require permits, impose waiting periods, or ban Ellis Act evictions entirely for rent-controlled units; non-compliance with city requirements can result in eviction being voided and tenant reinstatement orders.
- Documentation and timing are non-negotiable — Courts scrutinize Ellis Act filings for bad faith; you must prove genuine intent, maintain records of all notices, and follow exact procedural deadlines or face dismissal with prejudice and fee awards to tenant.
What Is an Ellis Act Eviction in California?
The Ellis Act, codified in Government Code §7060–7060.7, gives California property owners the legal right to remove rental units from the rental market and cease renting those units. This is fundamentally different from a traditional no-fault or at-fault eviction. Under Ellis Act law, you are not evicting a tenant for cause or non-payment; you are removing the property itself from being used as a rental.
However—and this is critical—the Ellis Act does not give you unlimited freedom to evict and then immediately re-rent or sell to a new tenant. The statute exists in tension with California’s strong tenant protections, rent control ordinances, and local housing policies. In practice, Ellis Act evictions are heavily regulated at the city level, and many jurisdictions have effectively blocked or severely restricted them.
An Ellis Act eviction is triggered when you, as the property owner, file a declaration under §7060.2 stating your bona fide intent to remove the property from rental use. Common scenarios include:
- Owner intends to occupy the unit personally (and keep it off the rental market)
- Owner intends to demolish or substantially rehabilitate the building
- Owner intends to convert units to non-residential use (commercial, office, etc.)
- Owner intends to sell the property free of tenant rights
The Ellis Act is not a loophole for removing difficult tenants. Courts and enforcement agencies (particularly housing departments in San Francisco, Los Angeles, and Oakland) actively scrutinize Ellis Act declarations for good faith. If you file an Ellis Act eviction and then re-rent the unit or fail to follow through with your stated purpose within a reasonable timeframe, you face wrongful eviction liability, statutory damages, and attorney fee awards.
State-Level Ellis Act Requirements Under Government Code §7060–7060.7
Before you consider an Ellis Act eviction, you must understand what the state statute requires versus what your city requires. These are two separate layers of law, and failure to comply with either invalidates the eviction.
120-Day Notice Requirement
Government Code §7060.2 mandates that you provide each tenant with written notice of intent to remove the unit from rental use. This notice must:
- Be served by registered mail and first-class mail (or personal service with proof)
- Provide at least 120 days from the date of notice before the termination of tenancy is effective
- State clearly that the unit is being removed from rental use
- Include a copy of §7060 and §7060.7 in the notice
- Be accompanied by documentation of relocation assistance (discussed below)
The 120-day period is absolute. You cannot shorten it, and if notice is defective (incomplete, incorrect service method, or missing statutory language), the entire eviction fails. Courts have dismissed Ellis Act evictions years into the process because notice was served by mail only, without registered mail confirmation of receipt.
Declaration of Intent and Good Faith
Government Code §7060.2(c) requires you to file a declaration under penalty of perjury stating your bona fide intent to remove the unit from rental use. This declaration becomes part of the eviction record and is subject to discovery if the tenant contests the eviction in court.
The declaration must specify the intended use after removal (personal occupancy, demolition, conversion, etc.). If you later contradict this statement—for example, by re-renting the unit within 3 years—courts will find bad faith, and you become liable for:
- Wrongful eviction damages (actual damages plus punitive damages)
- Statutory damages of $1,000–$5,000 per tenant (depending on jurisdiction)
- Tenant’s attorney fees and court costs
- Potential treble damages if willful bad faith is found
Relocation Assistance Obligation
This is where Ellis Act evictions become expensive and where non-compliance exposure is highest.
Government Code §7060.5 requires that you pay relocation assistance to each tenant unless the property is being removed because of a natural disaster or other uncontrollable circumstance. The statute does not specify a dollar amount; instead, it defers to local ordinances.
State minimum (if no local ordinance): You must offer the tenant assistance in finding comparable housing, or pay cash assistance equal to the difference in rent between the vacated unit and comparable available housing. In practice, without a local ordinance specifying an amount, courts have interpreted §7060.5 to require reasonable relocation costs, often ranging from 1–3 months’ rent.
If a tenant accepts relocation assistance, they agree to vacate by the end of the 120-day notice period. If they refuse or dispute the amount offered, the eviction proceeds to unlawful detainer court, and the judge determines adequacy of relocation assistance before ordering eviction.
Local Ordinance Restrictions: The Real Barrier
While the Ellis Act permits removal at the state level, California cities have enacted local laws that severely restrict, delay, or ban Ellis Act evictions. These local rules override state law when they impose stricter requirements. You must check your city’s specific ordinance before proceeding.
San Francisco Administrative Code §37.9
San Francisco has imposed one of the strictest Ellis Act regimes in the nation. Key requirements:
- 120-day notice (same as state law)
- Relocation assistance: $15,000 for senior (62+) or disabled tenants; $7,500 for other tenants (as of 2026). This amount is adjusted annually for inflation.
- Owner move-in declaration: If claiming personal occupancy, you must actually occupy the unit within 3 months of tenant vacating. If you don’t, you must allow the tenant to remain rent-free until you do, or reinstate them at the original rent if you never occupy.
- Permitting requirement: You must obtain a “Certificate of Removal” from the San Francisco Planning Department before serving notice. Application requires proof of intent, relocation plan, and eligibility review (some buildings are exempt or restricted).
- Restricted buildings: Units in rent-controlled buildings built before 1979 cannot be removed via Ellis Act if the building has fewer than 5 units. Units in buildings on the “Preservation List” are banned from Ellis Act removal entirely.
Failure to obtain a Certificate of Removal in San Francisco renders the eviction void, and the tenant can remain indefinitely. Relocation assistance non-payment results in statutory damages of $1,000 per day per tenant, plus attorney fees.
Los Angeles Municipal Code §151.01–151.10
Los Angeles restricts Ellis Act evictions in rent-stabilized buildings (under the Rent Stabilization Ordinance). Key points:
- 120-day notice required
- Relocation assistance: Minimum $14,000 per tenant (2026 adjusted amount) if the building is rent-stabilized
- Owner move-in restriction: If claiming owner occupancy, you cannot have a financial interest in another residential property within Los Angeles (anti-speculation rule)
- 10-year restriction: Once you remove a rent-stabilized unit via Ellis Act, you cannot re-rent it or convert it to tenancy for 10 years; if you do, former tenants can sue for wrongful eviction
- No Ellis Act for units rented at below-market rates: If the unit is subject to an affordability restriction, Ellis Act removal is not permitted
Oakland Municipal Code §8.22.070–8.22.090
Oakland also restricts Ellis Act evictions in rent-controlled buildings:
- 120-day notice required
- Relocation assistance: Equal to 5 months’ rent for residential tenants; 3 months’ rent for commercial tenants
- Owner move-in:** You must occupy the unit personally, with proof of residency
- Anti-retaliation extension: Tenants retaliating against Ellis Act evictions (e.g., by filing habitability complaints) receive enhanced legal protections, and you cannot evict them for retaliation without judicial approval
Other California cities with significant Ellis Act restrictions include Berkeley, Santa Monica, West Hollywood, and San Jose. Before proceeding, research your specific city’s housing ordinance or consult the city housing department directly.
Step-by-Step Compliance Checklist for Ellis Act Evictions
Phase 1: Pre-Notice Planning (2–4 weeks)
| Action Item | Compliance Requirement | Penalty for Non-Compliance |
|---|---|---|
| Review local ordinances for Ellis Act restrictions | Contact city housing department; review municipal code §7–10 (Ellis/removal sections) | Eviction dismissed; tenant remains with enhanced remedies |
| Determine if property qualifies for Ellis Act removal | Verify building not on preservation list, units not restricted, ownership qualifies | Eviction voided; wrongful eviction liability |
| Calculate relocation assistance owed (state + local) | Research local fee schedule; typically 1–5 months’ rent depending on city | $1,000–$5,000+ per tenant statutory damages; attorney fees |
| Obtain local permits/certificates if required | San Francisco, LA, Oakland require pre-notice permits; submit applications early | Eviction void without permit; $1,000/day statutory damages (SF) |
| Prepare declaration of intent under penalty of perjury | Specify exact intended use (personal occupancy, demolition, conversion, sale) | Bad faith finding; wrongful eviction damages $5,000–$10,000+ |
| Document tenant identification and lease terms | Verify all occupants; confirm lease end date and rent amount | Notice may be invalid if served to wrong person; eviction dismissed |
Phase 2: Notice Preparation and Service (1–2 weeks)
| Action Item | Compliance Requirement | Penalty for Non-Compliance |
|---|---|---|
| Draft Ellis Act 120-day notice | Include: §7060 and §7060.7 text; clear statement of removal intent; exact termination date (120 days from notice date); relocation assistance offer | Defective notice voids entire eviction |
| Serve notice by registered mail AND first-class mail | Both methods required (Gov. Code §7060.2); retain proof of service (green card + postmark) | Single method insufficient; eviction dismissed with prejudice |
| Alternatively, serve by personal service (if preferred) | Sheriff, process server, or declaration of service required; photograph/witness confirmation | Invalid service method; eviction dismissed |
| Offer relocation assistance in writing | Specify dollar amount or housing assistance plan; comply with local minimum | $1,000–$5,000+ statutory damages per tenant; attorney fees |
| Maintain service file (copies of all documents) | Keep certified mail receipts, postage records, affidavit of service, tenant acknowledgments | Failure to prove service; eviction dismissed, possible sanctions |
Phase 3: 120-Day Waiting Period (3–4 months)
- Do not take any adverse action against the tenant — No rent increases, maintenance denial, or utilities shutoff. Anti-retaliation laws are heightened during Ellis Act evictions.
- Be prepared for tenant response — Tenants may dispute relocation assistance adequacy, refuse to vacate, or file complaints with the housing department. Document all communications.
- Follow through on your stated intent — If you declared owner move-in, prepare to occupy. If demolition, obtain permits and schedule work. Failure to follow through within 3 years triggers wrongful eviction liability.
- Monitor local policy changes — Some cities have implemented emergency bans on Ellis Act evictions or extended notice periods. Stay informed.
Phase 4: Unlawful Detainer Filing (If Tenant Does Not Vacate)
If the tenant has not vacated by the end of the 120-day period and refuses to accept relocation assistance, you must file an unlawful detainer action in court. This is not a standard eviction; it is a specialized proceeding for Ellis Act removals.
- File within 10–15 days after notice period ends (varies by county; check local court rules)
- Include in the complaint: Copy of notice served, proof of service, declaration of intent, relocation assistance offer, and any documents evidencing tenant’s refusal
- Expect heightened judicial scrutiny — Judges take Ellis Act cases seriously and will examine your declaration for good faith. If you cannot convince the court of genuine intent to remove the unit, the eviction will be dismissed.
- Be prepared to pay relocation assistance at trial — Even if you prevail on the eviction, the court will not order possession unless and until relocation assistance is paid in full.
Anti-Retaliation and Bad Faith Liability
California law presumes that certain actions are retaliatory. Government Code §7060.7 and California Code of Civil Procedure §1174 extend anti-retaliation protections to tenants facing Ellis Act evictions.
You cannot file an Ellis Act eviction within 180 days of a tenant:
- Filing a habitability complaint with the city housing department
- Requesting repairs in writing
- Complaining about code violations
- Organizing with other tenants or joining a tenant union
If the eviction falls within the 180-day window and the tenant can prove retaliation, the eviction is void, and you become liable for wrongful eviction damages (typically $5,000–$10,000 per tenant) plus attorney fees. Additionally, the tenant can remain indefinitely at below-market rent as a remedy.
Courts also examine the timing and pattern of Ellis Act filings. If you file Ellis Act evictions for multiple units in rapid succession, or if you later convert units to owner-occupancy and then re-rent, courts will find bad faith and impose penalties.
FAQ: Common Ellis Act Compliance Questions
Q: Can I evict one tenant under the Ellis Act and then re-rent the same unit to someone else?
No. If you file an Ellis Act eviction and then re-rent the unit within a reasonable timeframe (typically 3 years, depending on local ordinance), you have committed a blatant violation of the Ellis Act. The former tenant can sue for wrongful eviction, and you will be liable for:
- All moving and relocation costs
- Statutory damages of $1,000–$5,000+ per month of vacancy plus tenancy with new tenant
- Punitive damages (often double or treble damages for willful violation)
- Attorney fees and court costs
In some jurisdictions (San Francisco, LA), the statute of limitations is extended, meaning a former tenant can sue you years after being evicted. Do not use Ellis Act evictions as a pretext for tenant removal.
Q: What if I declare owner move-in but then sell the property before moving in?
Sale of the property does not cure an Ellis Act violation. If you evicted a tenant based on owner move-in intent and then sold the property (or failed to occupy it within the required timeframe), you have breached the Ellis Act. The former tenant can sue, and the statute of limitations may have already been tolled (extended) in your city. Liability includes relocation costs, statutory damages, and attorney fees.
Q: Do I have to pay relocation assistance if the tenant is on a month-to-month lease?
Yes. Relocation assistance is required for all tenants, regardless of lease type. Government Code §7060.5 does not distinguish between fixed-term and month-to-month tenancies. The obligation applies equally. Some local ordinances actually increase relocation assistance for long-term tenants or senior/disabled tenants, so verify your city’s rules.
Q: What if my city has banned Ellis Act evictions for my property type?
If your city has imposed restrictions or bans, you cannot file an Ellis Act eviction, period. Attempting to do so will result in the eviction being dismissed and exposure to wrongful eviction liability. Examples include:
- San Francisco: Rent-controlled buildings with fewer than 5 units are exempted
- Los Angeles: Rent-stabilized buildings have a 10-year re-renting ban after Ellis Act removal
- Berkeley: Ellis Act evictions are effectively banned for rent-controlled buildings
If you are unsure whether your property qualifies, contact the local housing department in writing and request a determination. Do not proceed without confirmation.
Q: What documentation do I need to retain to prove I followed the Ellis Act correctly?
Retain all of the following for at least 5 years (the statute of limitations for wrongful eviction in some jurisdictions):
- Proof of service (registered mail receipts, affidavits, green cards)
- Copies of the 120-day notice, including statute citations
- Declaration of intent (signed and dated)
- Relocation assistance offer letters (with dollar amounts and dates)
- Any photographs, permits, or documents evidencing follow-through on stated intent (e.g., owner occupancy lease, demolition permits, commercial conversion approval)
- Communications with the tenant (emails, letters, agreements)
- City department correspondence (permit approvals, housing complaint records, etc.)
This documentation protects you if the tenant later sues. Courts will examine it to determine whether you acted in good faith.
Using Compliance Tools to Manage Ellis Act Risk
Ellis Act evictions are complex, multi-jurisdictional compliance events. A single missing document, incorrect notice date, or procedural error can void the entire eviction and expose you to liability.
LeaseBase’s compliance engine tracks local ordinance requirements by city, maintains notice templates with statute citations, and generates checklists for multi-step evictions like Ellis Act removals. You can verify relocation assistance calculations, ensure notice deadlines are met, and retain all service documentation in one searchable file.
For landlords managing multiple properties across different California jurisdictions, portfolio management tools help you identify which properties qualify for Ellis Act removal and which are restricted, preventing costly filing errors.
If you use lease operations software to track tenant tenancy dates and lease terms, you can flag which tenants are most vulnerable to anti-retaliation claims and avoid filing evictions during protected windows (180 days after complaints, etc.).
Summary: Ellis Act Compliance in 2026
The Ellis Act is a legally available tool for removing California rental units from the market, but it is heavily regulated, narrowly construed, and subject to intense scrutiny by courts and housing agencies. Key takeaways:
- State law requires 120-day notice and relocation assistance; local ordinances often impose stricter requirements.
- Failure to comply with notice, service, or relocation obligations results in statutory damages of $1,000–$5,000+ per tenant, plus attorney fees.
- Bad faith (filing Ellis Act and then re-renting, failing to follow through on stated intent) triggers wrongful eviction liability with damages of $5,000–$10,000+ per tenant and extended statute of limitations.
- Anti-retaliation protections are heightened for Ellis Act evictions; filing within 180 days of a tenant complaint or request for repairs voids the eviction.
- Many California cities have effectively restricted or banned Ellis Act evictions for certain property types; verify your city’s ordinance before proceeding.
- Documentation is non-negotiable; retain all service records, declarations, relocation offers, and follow-through evidence for at least 5 years.
If you are considering an Ellis Act eviction, consult a California real estate attorney licensed in your county before taking any action. The cost of legal review ($500–$1,500) is negligible compared to the cost of a wrongful eviction lawsuit ($50,000–$100,000+).
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Ellis Act law is complex, highly localized, and subject to frequent change. Consult a qualified California attorney for guidance specific to your situation, property location, and tenancy circumstances. LeaseBase and its authors assume no liability for decisions made based on this article.