San Francisco · Ellis Act
San Francisco Ellis Act Eviction Attorney
The Ellis Act gives landlords the right to exit the rental business. But they have to actually do it — withdraw the entire building, pay substantial relocation assistance, and comply with years of restrictions afterward. When they don’t, the evictions are wrongful.
What is the Ellis Act?
California’s Ellis Act (Government Code § 7060 et seq.) gives a property owner the right to permanently withdraw all rental units in a building from the rental market. In San Francisco, it is implemented through Admin Code § 37.9A and requires full compliance with the Rent Board’s withdrawal process.
A genuine Ellis Act withdrawal means the landlord is exiting the rental business entirely for that building. It is not a tool for removing individual tenants while keeping others, and it is not a shortcut to condo conversion. The restrictions the owner faces after withdrawal — on re-renting, converting, or demolishing the property — are designed to ensure the withdrawal is real.
What a valid Ellis eviction requires
These are the landlord’s legal obligations — not optional steps. Failure to comply with any of them is a basis for a wrongful eviction claim.
Withdraw the entire building
The Ellis Act requires withdrawal of all rental units within the detached physical structure — and for buildings of 3 or fewer units, any other units on the same lot. A landlord cannot use Ellis to remove individual tenants selectively.
File a notice of intent with the Rent Board
The landlord must file the notice with the Rent Board and comply fully with Admin Code § 37.9A, which governs the withdrawal process and sets timing requirements.
Provide substantial relocation assistance
Amounts are set annually by the Rent Board. Current amounts vary by unit size and tenant circumstances. Additional amounts apply for tenants who are elderly, disabled, or have lived in the unit for 10+ years.
Provide extended notice for protected tenants
Tenants who are 62 or older, or disabled, and have lived in the unit for at least one year are entitled to one year of advance notice rather than the standard 120 days.
Honor the tenant's right of first refusal
If any of the withdrawn units are re-rented within 10 years of withdrawal, the landlord must first offer the unit to the displaced tenant at the prior rent plus allowable increases.
Comply with re-rental and re-use restrictions
After Ellis withdrawal, the property faces significant restrictions on re-rental, conversion, and demolition for years. Violating those restrictions is a separate legal exposure for the landlord.
How Ellis Act abuse happens
Ellis Act abuse is more common than landlords admit. These are the patterns we see.
Re-renting units after withdrawal
The landlord purports to exit the rental market but continues renting individual units through Airbnb, VRBO, or informal arrangements. This voids the Ellis withdrawal and may be grounds for a wrongful eviction claim.
TIC conversion immediately after Ellis
The building is quickly converted to tenancy-in-common (TIC) interests or condominiums after the Ellis evictions. If the real purpose was conversion — not exit from the rental business — the evictions may have been pretextual.
Selective or partial withdrawal
Landlord attempts to Ellis-evict only some tenants while keeping others, or uses Ellis on a subset of units in the building. That's not how the Ellis Act works — it requires full withdrawal.
Failure to pay required relocation assistance
Landlord serves a valid Ellis notice but fails to pay the required relocation assistance, or underpays — particularly for protected tenants who qualify for higher amounts.
Ignoring the right of first refusal
After the withdrawal period, the landlord re-rents units without notifying or offering them to displaced tenants. Each affected tenant has an independent claim.
What you can recover
If the Ellis withdrawal was fraudulent — § 37.9(f)
3× actual damages
A fraudulent Ellis eviction — where the landlord did not actually withdraw the building from the rental market — is a wrongful eviction under § 37.9(f), subject to treble damages and attorney’s fees. The rent differential between your controlled rent and current market rate, projected over the expected remaining tenancy, is the foundation of that damages calculation.
Relocation assistance (if unpaid)
If the landlord failed to pay or underpaid the required relocation assistance — including higher amounts for protected tenants — that amount is separately recoverable.
Attorney's fees
The prevailing party recovers attorney's fees by court order. Bowlay Law handles Ellis Act cases on contingency — no fee unless we win.
Right of first refusal
If units were re-rented without offering you the unit at the prior rent, the landlord violated the right of first refusal — a separate, enforceable right.
Injunctive relief
If you haven't left yet and the withdrawal is defective, a court can halt the eviction. Call before you vacate.
Received an Ellis Act notice?
Before you move, call. If the withdrawal is defective or pretextual, you may be able to stop it. If you’ve already left and the building was re-rented or converted, you may have a wrongful eviction claim worth pursuing.
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