California Ellis Act Eviction: Complete Compliance Guide for Removing Rental Units (2026)

What Is the Ellis Act and Who Can Use It?

The Ellis Act (Government Code §7060-7060.7) is California’s statewide law that explicitly permits landlords to remove rental units from the rental market. Unlike no-fault evictions based on owner move-in or property demolition, the Ellis Act is purely discretionary—you don’t need a reason beyond deciding to exit the rental business.

However, “removing from the rental market” has a precise legal meaning. Under §7060(a), you can only remove a unit if you cease using the building as a rental property. This means:

• Converting the unit to owner-occupancy
• Demolishing the building
• Converting to a condominium or TIC (tenancy in common)
• Removing the unit from habitable use entirely

You cannot use the Ellis Act to remove a unit and immediately re-rent it to someone else. Doing so is grounds for wrongful eviction under Civil Code §1947.8(e), exposing you to lawsuits seeking treble damages, statutory penalties up to $15,000, and attorney fees.

The critical detail: the Ellis Act applies statewide, but over 50 California municipalities have substantially restricted or banned its use. Cities like San Francisco, Los Angeles, Oakland, Berkeley, Santa Monica, West Hollywood, and others have local ordinances that either prohibit Ellis Act evictions entirely or require landlord registration, lengthy local review periods, and significantly higher relocation assistance. If you operate in a rent-controlled city, you must check the local municipal code before filing any Ellis notice.

Legal Requirements and the 120-Day Notice Timeline

The Ellis Act requires strict compliance with statutory notice. Under §7060(b), you must serve the tenant with written notice stating:

1. The intent to remove the unit from rental use
2. The effective termination date (minimum 120 days from service)
3. The relocation assistance amount being offered
4. Notice that the tenant may contact the local rent board (in rent-controlled jurisdictions)

The 120-day period is mandatory—not a guideline. Serving notice with a termination date shorter than 120 days is fatal to the eviction. A tenant’s attorney can file a motion to quash under Code of Civil Procedure §418.10, and the entire case will be dismissed. The notice must be served personally or by mail in compliance with California Code of Civil Procedure §1010 et seq.

Service method matters: If you mail the notice, add five calendar days to account for the mailbox rule under CCP §1010.6(a)(3). A notice mailed on January 1 is not effective until January 6, and the 120-day period runs from January 6. This is a common mistake that landlords make when calculating termination dates.

The notice must also comply with local ordinances if you’re in a restricted jurisdiction. San Francisco requires notice in English and the tenant’s primary language. Los Angeles mandates notice of right to petition the city council. Oakland requires Ellis Act registration with the city before notice is served. Serving notice that doesn’t meet local requirements can invalidate the entire eviction.

Relocation Assistance: Amounts, Timing, and Compliance

The Ellis Act’s core obligation is relocation assistance. Under Civil Code §1947.8(c), you must offer:

• One month’s rent at current market rate
• Reasonable moving costs
• Payment before or on the move-out date

As of 2026, the minimum relocation package in most California markets exceeds $4,725 per unit. In high-cost areas like San Francisco, Oakland, and Los Angeles, actual relocation assistance typically ranges from $6,000 to $15,000+ depending on current median rent and local ordinances.

How to calculate correctly: Use the tenant’s current rent (not your asking price for new tenants). If the tenant pays $2,400/month, the relocation amount is $2,400 plus reasonable moving costs. “Reasonable” typically means $500–$3,000 depending on distance and complexity. You should document what you’re paying for: moving company quotes, labor, equipment rental, etc.

San Francisco’s Rent Board and Los Angeles Housing Department have published guidelines. SF requires a minimum of $6,015 (as of 2026, updated annually) for units vacated through no-fault evictions and Ellis Act removals. Los Angeles requires relocation assistance equal to two months’ rent for most protected tenants. Other cities like Oakland require three months’ rent plus utility deposits. Check your local ordinance—it will override the state minimum.

Timing is critical: §1947.8(c) requires payment “before the effective date of the notice of termination” or “at the time the notice is served.” In practice, courts have interpreted this to mean payment must be offered and substantially completed before move-out. If you owe $5,000 in relocation assistance and only pay $2,000, the tenant can sue for the balance plus damages under §1947.8(d), which allows recovery of actual damages and exemplary damages up to three times the actual damages (treble damages).

Failure to pay relocation assistance also gives tenants an affirmative defense in an unlawful detainer action. If you file eviction but haven’t paid relocation, the tenant can file a cross-complaint, and you’ll lose the case.

Local Restrictions and Municipal Bans on Ellis Act Evictions

This is the compliance landmine that most self-managing landlords miss: your city may have prohibited or severely restricted Ellis Act evictions.

Cities with complete or near-complete Ellis Act bans (as of 2026):

City / County	Restriction Type	Key Requirement
San Francisco	Registered Permits Required	Must register with SF Board of Supervisors; 1-year waiting period; higher relocation assistance
Los Angeles	Restricted for RSO Units	Ellis evictions of rent-stabilized units require relocation assistance equal to 2 months’ rent + moving costs
Oakland	Registration + Notice Requirements	Must register with city; provide 120-day notice; pay 3 months’ rent relocation assistance for protected tenants
Berkeley	De Facto Ban	Severely restricted for units occupied 5+ years; 18-month notice period; additional city approval required
Santa Monica	Banned for Occupied Units	Ellis Act prohibited for units occupied by sitting tenants; conversion to owner-occupancy not allowed
West Hollywood	Banned for Occupied Units	Ellis Act prohibited for all residential units with sitting tenants; only applies to vacant units
San Diego (unincorporated)	Restricted to Owner-Occupancy	Ellis Act limited; owner must occupy within 12 months; higher relocation assistance required

If you operate in a city that has banned or heavily restricted Ellis Act evictions, filing an Ellis notice will result in dismissal of your unlawful detainer action, exposure to damages under §1947.8, and possible attorney fee liability. The tenant’s attorney can bring a §1947.8 action against you alleging wrongful eviction, seeking actual damages plus statutory damages up to $15,000, plus attorney fees and costs.

Before serving any Ellis Act notice, verify:

1. Check your city’s municipal code for no-fault eviction provisions and Ellis Act restrictions
2. Contact your local rent control board or housing department and ask if Ellis Act is permitted
3. If Ellis is restricted, determine if your intended use (owner-occupancy, demolition, conversion) falls within a carve-out
4. If required, file for local registration or approval before serving tenant notice

Re-Conversion Rules and the 5-Year Liability Window

One of the Ellis Act’s strictest compliance requirements is the re-conversion prohibition. Under §1947.8(e), if you remove a unit from rental market via Ellis Act and then re-convert it to a rental unit within five years, the original tenant and any new tenants can sue you for wrongful eviction.

This creates substantial liability. Here’s a practical example:

• You serve an Ellis Act notice on January 1, 2026, stating you’re removing the unit for owner-occupancy
• Tenant moves out on May 1, 2026; you pay relocation assistance
• You occupy the unit from May 2026 through December 2027
• In January 2028, you decide to rent the unit again
• The original tenant (who moved out in 2026) can sue you in 2028, claiming wrongful Ellis Act eviction
• You face liability for actual damages (moving costs, rent differences in new location), statutory damages up to $15,000, and attorney fees

The statute doesn’t require the tenant to prove bad faith—only that you re-rented the unit within five years. This applies even if you genuinely changed your circumstances (job loss, financial hardship, etc.). Courts have held that landlord intent is irrelevant; the re-conversion itself is the violation.

What counts as “re-conversion”? Offering the unit for rent, entering into a lease, collecting rent, or advertising the unit on any platform. Even a single lease within the five-year window triggers liability.

What doesn’t count: Offering the unit to family members, short-term vacation rentals (though check local ordinances—many cities restrict vacation rentals), or keeping the unit vacant. The statute specifically targets return to the “rental market.”

To protect yourself: If you use Ellis Act, commit to a five-year timeline. Document your intended use (owner-occupancy, demolition, etc.) in writing. If circumstances change and you need to re-rent, consult an attorney before listing the unit. You may be able to negotiate with the original tenant to release the claim, but you cannot unilaterally avoid the liability by simply re-renting.

Unlawful Detainer Process: Filing and Timeline

After the 120-day notice period expires, you can file an unlawful detainer action in the superior court of your county. The Ellis Act does not change the unlawful detainer procedure under Code of Civil Procedure §1161—it only changes the basis for termination.

Required documents for filing:

1. Complaint for Unlawful Detainer — Must state the reason as “Ellis Act removal” or “removal from rental use per Gov. Code §7060”
2. Proof of Service — Documentation that the 120-day notice was properly served on the tenant
3. Declaration of Compliance — Affidavit stating you’ve complied with relocation assistance requirements (or payment proof)
4. Lease or rental agreement (if available)
5. Local compliance documentation — If required in your jurisdiction (registration, city approval, etc.)

Filing fees in California superior court range from $200–$400 depending on county. Service of the complaint must be done by a licensed process server or sheriff’s department; personal service costs $75–$150. Budget $500–$800 in filing and service costs.

Timeline from filing to judgment: If the tenant doesn’t respond or contest, you can request a default judgment within 5 days of the response deadline (typically 5 days after service). If the tenant contests, the case proceeds to trial, which typically occurs 20–30 days after the complaint is served. Total time from filing to judgment is usually 30–60 days if uncontested, 90–180 days if contested.

If you prevail, the court will issue a judgment for possession. The tenant has five days to appeal. After the appeal period expires, the court issues a writ of execution, and the sheriff enforces the eviction, typically 10–15 days after the writ is issued. Total timeline from filing to lockout: 45–90 days in uncontested cases, 120–210 days in contested cases.

Breach of Warranty Claims and Habitability During Ellis Eviction

A critical compliance mistake is assuming you can ignore maintenance and repairs during an Ellis Act eviction. You cannot. Under Civil Code §1941-1942.5, you must maintain the unit in habitable condition through the effective termination date. Failing to do so gives the tenant an affirmative defense to the eviction and grounds for a cross-complaint seeking damages.

Habitability includes:

• Weathertight roof and walls
• Functioning hot and cold water
• Working heating (if required by local code)
• Functional electrical system
• Functioning plumbing and sewage system
• Safe, unobstructed exits
• Non-hazardous conditions (mold, pests, lead paint compliance)

If a tenant identifies a habitability violation and you fail to repair it within the statutory period (typically 30 days for non-emergency items, 24 hours for emergency items like no water or heat), the tenant can:

1. Repair the condition and deduct costs from rent
2. Stop paying rent and place it in escrow
3. File a cross-complaint in your unlawful detainer action seeking damages
4. File a separate action under §1942.5 for retaliation (if the breach occurs after notice is served)

Courts have consistently held that Ellis Act notices do not extinguish the landlord’s habitability obligations. In fact, courts view Ellis Act removals with some skepticism if conditions deteriorate after notice is served, treating it as evidence of intent to “force” the tenant out through uninhabitable conditions rather than genuine removal from the rental market.

Maintain the unit, respond to repair requests within statutory timelines, and document your compliance. Use a maintenance tracking system (like LeaseBase maintenance vendor management) to create a clear record showing you’re meeting obligations.

Ellis Act vs. Other No-Fault Evictions: Key Differences

California law permits several types of no-fault evictions beyond the Ellis Act. Understanding the differences is critical because using the wrong eviction basis can invalidate your case.

Eviction Type	Statutory Basis	Notice Period	Relocation Assistance	Local Restrictions
Ellis Act (Unit Removal)	Gov. Code §7060	120 days	1 month rent + moving costs	50+ cities banned or restricted
Owner Move-In (OMI)	Civil Code §1946.2	60 days	1 month rent + moving costs (if rent-controlled area)	Many cities banned; strict owner-occupancy requirements
Demolition/Major Renovation	Civil Code §1946.2(d)	60 days	1 month rent + moving costs (varies by city)	Some cities require permits and relocation support
Condo Conversion (Statewide)	Civil Code §1947.8(a)	120 days	1 month rent + moving costs + right of first refusal	Many cities banned; local approval required

Key distinction: Ellis Act is used when you’re permanently removing the unit from rental use. Owner Move-In (OMI) is used when you or an immediate family member will occupy the unit. These are mutually exclusive. If you claim Ellis Act but intend to owner-occupy, a tenant’s attorney will argue you misrepresented your intent, and you face §1947.8 liability.

Demolition/renovation is distinct because it focuses on the building condition, not your personal use. If you’re removing a unit because the building is unsafe, use demolition/renovation as the basis, not Ellis Act.

Penalties for Non-Compliance and Ellis Act Violations

The statutory penalties for Ellis Act violations are severe:

Violation	Penalty / Damages	Statute
Failure to provide 120-day notice	Entire eviction is void; tenant stays; unlawful detainer dismissed	Gov. Code §7060(b)
Failure to pay relocation assistance	Actual damages + treble damages up to 3x amount owed; attorney fees	Civil Code §1947.8(d)
Re-conversion within 5 years	Actual damages + statutory damages up to $15,000 per unit; attorney fees	Civil Code §1947.8(e)
Retaliatory conduct during eviction (repairs, threats)	Actual damages + treble damages; attorney fees; eviction dismissed	Civil Code §1942.5
Ellis Act violation in restricted city	Unlawful detainer dismissed; tenant can sue under §1947.8; damages up to $15,000	Local municipal ordinance + Civil Code §1947.8
Breach of habitability during Ellis notice period	Actual damages + treble damages; eviction defended; cross-complaint damages	Civil Code §1942.5

Real-world cost example: You serve an Ellis notice but fail to pay $5,000 in relocation assistance. The tenant sues under §1947.8(d). You could face:

• $5,000 actual damages (the unpaid relocation amount)
• $15,000 treble damages (3x the $5,000)
• Total judgment: $20,000 plus attorney fees ($2,000–$5,000)
• Total exposure: $22,000–$25,000

These are not discretionary penalties—courts consistently award them. Attorney fees are mandatory once a §1947.8 violation is proven. Insurance typically does not cover willful statutory violations, so this comes directly from your pocket.

Step-by-Step Ellis Act Compliance Checklist

Before and during an Ellis Act eviction, use this checklist to ensure compliance:

1. Pre-Notice (30 days before serving notice)
   • ☐ Check municipal code for local Ellis Act restrictions or bans
   • ☐ Call local housing/rent control department to confirm Ellis Act is permitted
   • ☐ If required locally, file Ellis Act registration or permit application
   • ☐ Determine intended use post-removal (owner-occupancy, demolition, TIC conversion, etc.)
   • ☐ Calculate relocation assistance owed (current rent + moving costs, plus any local multiplier)
   • ☐ Obtain proof of funds for relocation assistance payment
   • ☐ Document that unit is currently in habitable condition (photos, inspection)
2. Notice Preparation and Service
   • ☐ Draft notice in English and tenant’s primary language (if required by city)
   • ☐ Include all §7060(b) required elements: intent to remove, date (minimum 120 days), relocation amount
   • ☐ Have notice served by process server or certified mail (with proof of service)
   • ☐ Record service date and calculate 120-day termination date (accounting for mailbox rule if mailed)
   • ☐ Provide copy to local rent board/housing department (if required)
   • ☐ Create written record documenting service date and method
3. During 120-Day Notice Period
   • ☐ Maintain unit in habitable condition; respond to repair requests within statutory timelines
   • ☐ Do not reduce services or intentionally allow conditions to deteriorate
   • ☐ Prepare relocation assistance payment (check, cashier’s check, or wire transfer)
   • ☐ Contact tenant at least 30 days before move-out to discuss relocation timing
   • ☐ Do not advertise unit for rent or accept new lease applications
   • ☐ Document all communication with tenant in writing
4. Before Termination Date
   • ☐ Pay relocation assistance (document payment with receipt)
   • ☐ Conduct final walkthrough 10 days before move-out to confirm habitability
   • ☐ Provide