Details
The Ellis Act in California is Government Code 7060 and the sections that follow it. It says no city or county can force an owner to keep offering residential units for rent, so an owner can go out of the rental business even in a rent-controlled city. The same chapter lets those cities regulate how that happens: how long tenants get, and what happens if the units return to the market. It sits alongside the statewide just cause eviction rules, which treat withdrawal from the rental market as a no-fault cause.
Quick answer: Under the Ellis Act, a California owner can withdraw a rental building from the market. In cities with rent control that have adopted the Ellis procedures, withdrawal takes effect 120 days after the owner notifies the city, or one year for a tenant who is 62 or older or disabled, has lived there at least a year, and claims the extension in writing within 60 days. If the units are rented again within 5 years, they must be offered at the prior controlled rent. Relocation payments are set by local law.
What the Ellis Act does in California
Section 7060(a) bars any public entity from compelling “the owner of any residential real property to offer, or to continue to offer, accommodations in the property for rent or lease.” There is one narrow exception for certain residential hotel rooms in a city and county, or a city of over 1,000,000 people, where the hotel had a permit of occupancy before January 1, 1990 and did not deliver a withdrawal notice before January 1, 2004.
The Act defines what gets withdrawn. Under 7060(b)(1), “accommodations” means the rental units in any detached structure with four or more rental units, or, for a structure with three or fewer, the rental units in that structure and in any other structure on the same parcel. “Disabled” has the meaning in Government Code 12955.3 (7060(b)(2)).
Where the Ellis Act matters: rent-controlled cities
The Ellis Act’s tenant protections — the notice periods and re-rental limits — are powers a public entity may adopt if it has “any control or system of control on the price at which accommodations may be offered for rent or lease” (7060.2 and 7060.4). That points to cities with local rent control, such as Los Angeles, San Francisco, Oakland, Berkeley and Santa Monica. Whether and how a city has adopted these procedures is set by its own ordinance.
Outside a local rent control system, a tenant facing a building withdrawal is usually dealing with state law instead: withdrawal of the property from the rental market is a no-fault just cause under Civil Code 1946.2(b)(2)(B), and a covered tenant is owed one month’s rent as relocation under 1946.2(d). See the relocation assistance guide.
How long tenants get: 120 days, or one year
Under 7060.4(a), a city with rent control may require the owner to file a notice of intent to withdraw, signed under penalty of perjury, listing the number of units, their address, the tenants’ names and each unit’s rent. Tenant names and rents are confidential. The city may also require the owner to record a memorandum of the notice with the county recorder.
Where that procedure is in place, 7060.4(b) sets the timing:
- Standard: the units are withdrawn 120 days after the notice is delivered to the city in person or by first-class mail.
- Extended: a tenant who is at least 62 or disabled, and who has lived in the unit for at least one year before the notice was delivered, gets one year from delivery — if the tenant gives the owner written notice of the entitlement within 60 days of the date the notice was delivered to the city.
During an extension, the tenancy continues on the same terms, subject to adjustments allowed under the local rent control system, and both sides must keep performing the lease. The owner must tell the city about the tenant’s claim within 30 days of receiving it, and may choose to extend other tenancies in the building to the same date.
A worked example with dates
Say an owner delivers a notice of intent to withdraw to the city on February 2, 2027.
| Tenant | Deadline to act | Withdrawal date |
|---|---|---|
| Most tenants | — | June 2, 2027 (120 days) |
| Tenant aged 62 or older, or disabled, who has lived there at least one year | Written notice to the owner by April 3, 2027 (60 days) | February 2, 2028 (one year) |
| Same tenant who does not send the written notice in time | — | June 2, 2027 |
For the re-rental rules below, the withdrawal date for the whole building is the latest termination date among its tenants, as stated in the owner’s notices to the city (7060.4(b)(6)). If one tenant’s extension runs to February 2, 2028, the periods measured from withdrawal start on that date. A later voluntary extension by the owner does not move it.
📨 Get Free California Guides Alerts
Free · No spam · Unsubscribe anytime
Notices a tenant may receive
A city may require the owner to tell each displaced tenant (7060.4(c)):
- that the city has been notified of the withdrawal;
- that the notice named the tenant and the rent they pay, and what rent the owner stated;
- the tenant’s right to be offered the unit again if it returns to the market; and
- the one-year extension for tenants 62 or older or disabled, and the 60-day deadline to claim it.
A city may also require the owner to notify it in writing before offering the units for rent again (7060.4(d)).
If the units come back on the market
Section 7060.2 lets a rent-controlled city attach conditions to units that return to the rental market. The time limits run from the withdrawal date.
| If re-rented within… | What the statute allows the city to require |
|---|---|
| 5 years | The unit must be rented at the lawful rent in effect when the notice of intent was filed, plus annual adjustments under the local system (7060.2(a)). This applies within 5 years of the notice being filed, even if it was rescinded, or within 5 years of withdrawal. |
| 2 years | The owner is liable to displaced tenants for actual and exemplary damages, and the city may sue for exemplary damages; both suits must be brought within 3 years of withdrawal. The owner must first offer the unit to a displaced tenant who asked in writing within 30 days of displacement (7060.2(b)). |
| Up to 10 years | A city may require the owner to first offer the unit to a displaced tenant who requests it in writing within 30 days after the owner notifies the city of plans to re-rent. Failing to comply can bring punitive damages of up to six months’ contract rent (7060.2(c)). |
| 5 years, after demolition | If the building is demolished and new units are built and rented within 5 years of withdrawal, the new units are subject to the local rent control system despite any new-construction exemption (7060.2(d)). |
For the 2-year right of first refusal, the owner’s offer must go by registered or certified mail to the address the tenant provided, and the tenant has 30 days from mailing to accept. The tenant may update that address at any time while eligible (7060.2(b)(3)).
Relocation under the Ellis Act is set locally
Sections 7060, 7060.2 and 7060.4 do not set a statewide relocation amount for Ellis withdrawals; relocation is left to local law, and rent-controlled cities set their own amounts. For current figures, see the city guides for Los Angeles, San Francisco, Oakland, Berkeley and Santa Monica, or ask the local rent board.
An owner may instead offer a negotiated buyout. That is a separate, voluntary deal with its own local rules in several cities; see cash for keys in California.
Steps tenants take to protect their rights
- Keep every notice from the owner and the city, with the date received.
- Claim the one-year extension in writing within 60 days of the date the notice was delivered to the city, if you are 62 or older or disabled and have lived there at least a year.
- Ask for a re-rental offer in writing within 30 days of displacement and give the owner an address, then keep it current.
- Check the local rent board for the city’s own filing, notice and relocation requirements.
Questions people ask
How much notice do tenants get under the Ellis Act?
Where a city has adopted the Ellis procedures, 120 days from delivery of the owner’s notice to the city, or one year for tenants 62 or older or disabled with at least one year of tenancy who claim it in writing within 60 days.
Can a landlord re-rent after an Ellis Act eviction?
Yes, but within 5 years the unit must be offered at the prior controlled rent plus allowed adjustments, and within 2 years the owner faces damages and must first offer it to displaced tenants who asked in writing.
Does the Ellis Act apply in cities without rent control?
Section 7060 applies everywhere, but the withdrawal procedures and re-rental limits in 7060.2 and 7060.4 are for public entities with rent control. Elsewhere, withdrawal is a no-fault cause under Civil Code 1946.2.
Do I get relocation money in an Ellis Act eviction?
Relocation for Ellis withdrawals is set by local ordinance, and the amount depends on the city.
Related California renter guides
- Just cause eviction rules in California
- California relocation assistance: when a landlord must pay
- Cash for keys and tenant buyouts
- San Francisco tenant rights and the Rent Board
- Los Angeles rent control (RSO)
- What happens when AB 1482 expires in 2030
This page explains what the cited California law says. It is not legal advice. Last verified September 28, 2026.