Ellis Act Evictions

One of the most visible signs of the changes in the San Francisco real estate market is the large increase of evictions pursued under California's Ellis Act.

This law — and the eviction process known as an Ellis Act eviction — allows real estate owners to evict residential tenants in order to remove those properties from the rental market. Perhaps the most common reason for Ellis Act evictions is landlords who want to sell off individual units as tenancies-in-common.

While the Ellis Act gives landlords a powerful tool, it does not give them unrestricted power. Both landlords and tenants have specific rights and responsibilities when it comes to Ellis Act evictions. Whether you are a landlord or tenant involved in eviction proceedings, our firm has the experience and dedication to see your landlord-tenant dispute to a favorable outcome.

As of February 2015 the California State Legislature was considering changes to the Ellis Act that could significantly restrict the rights of landlords to use it to evict tenants. It is important that you speak to a lawyer who keeps you up to date on all the changes to this law on the local and state level. For a free 20-minute consultation to discuss your situation, call 415-956-6488 now.

Information For Landlords And Tenants In The Bay Area

There are several important aspects to Ellis Act evictions that both landlords and tenants should keep in mind:

  • Landlords must serve Ellis Act notices on all tenants in a residential property. This means that landlords cannot initiate Ellis Act evictions on just one or two tenants (for example, just those who reside in units desired vacant).
  • There are varying eviction notice time frames for certain residents. For example, while all tenants are entitled to at least 120 days' notice, tenants who are senior (over 62) or disabled and who have lived in the unit for more than 12 months have the right to extend the 120 days to a full year.
  • Proposed changes to the Ellis Act could restrict the ability of landlords to evict tenants. For example, a legislation change could require landlords to own property for five years before initiating Ellis Act proceedings.
  • Legal disputes can be time-consuming to handle without experienced legal help. Landlords who are looking to make a profit and tenants who want to keep their home both have strong incentives to fight as long as possible. Our attorneys can help protect your rights and help you come out ahead in Ellis Act eviction disputes.

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Steven Adair MacDonald & Partners represents clients in San Francisco and across the Bay Area. To speak with one of our attorneys, contact us by email or call 415-956-6488.