Wrongful Ellis Act Eviction
According to figures acquired from public records, Los Angeles property owners attempted to remove 1,659 rent-stabilized units from the market last year under the Ellis Act. Although a similar number of applications were filed in the previous year, the amount is undeniably high and brings harm to tenants living in the affected areas.
What is the Ellis Act?
Rent control has ensured the affordability of housing and helped many tenants for decades; however, the benefits received by these homeowners are beginning to cease as the number of evictions increases under the Ellis Act. The Ellis Act is a state law that allows landlords to remove their rent-controlled units from the market if they are planning on destroying the building or discontinue renting the units out to tenants. Since the year 2001, landlords have filed applications to remove 26,562 rent-stabilized units under this state law. This may not seem substantial relative to the number of rent-controlled units that exist throughout the city. Nonetheless, there is a possibility the increasing number of evictions is linked to the crucial issue of homelessness in the city of Los Angeles, as a couple city leaders have indicated.
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Landlords must provide tenants with a written notice stating their intent to withdraw the property from the rental market. To properly evict tenants under the Ellis Act, a landlord must provide a 120-day notice period or a one-year notice for seniors (aged 62 or older) and disabled tenants. During the notice period, tenants have time to prepare for relocation and explore other housing options. A 'Notice for Termination with Cause' is used when eviction is requested for specific reasons, such as lease violations or illegal activities. In severe cases where significant lease violations, property damage, or illegal activities occur, landlords may provide an Unconditional Quit Notice, requiring the tenant to vacate the premises immediately without any chance to rectify the situation. Additionally, landlords may use a Notice for Termination Without Cause, typically in the form of a 30-Day or 60-Day Notice to Vacate.
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Rent control has ensured the affordability of housing and helped many tenants for decades; however, the benefits received by these homeowners are beginning to cease as the number of evictions increases under the Ellis Act. The Ellis Act is a state law that allows landlords to remove their rent-controlled units from the market if they are planning on destroying the building or discontinui renting the units out to tenants. Since the year 2001, landlords have filed applications to remove 26,562 rent-stabilized units under this state law. This may not seem substantial relative to the number of rent-controlled units that exist throughout the city. Nonetheless, there is a possibility the increasing number of evictions is linked to the crucial issue of homelessness in the city of Los Angeles, as a couple city leaders have indicated.
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As a tenant susceptible to forceful eviction, it is essential that you are knowledgeable about the rights you may exercise. For example, Ellis Act evictions require that a 120-day notice is given to all homeowners. If you qualify as disabled or you are a senior that has lived in the unit for one year or more, it is required that a one-year notice is given. It is very unfortunate if a tenant has been taken advantage of by their landlord due to the sole factor of being unaware. In fact, numerous tenants as well as tenant unions are fighting to protect their homes from being removed because they recognize the unfair treatment they are receiving.
If you are experiencing issues regarding this matter or are unsure of your rights as a tenant, please do not hesitate to reach out to the Tenants Law Firm as our attorneys are here to assist you. Contact us by filling out our online intake form here. Everyone deserves to assert their rights as a tenant and have access to acceptable living conditions no matter where they are.