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The Ellis Act (California Government Code Chapter 12.75) [1] is a 1985 California state law that allows landlords to evict residential tenants to "go out of the rental business" in spite of desires by local governments to compel them to continue providing rental housing.
David Brown, Janet Portman, Nils Rosenquest, The California Landlord's Law Book (Berkeley: Nolo Press 2017). Nancy C. Lenvin & Myron Moskovitz, "Practicing under Rent and Eviction Control Laws," Chapter 7 in California Landlord-Tenant Practice (Oakland: California Continuing Education of the Bar: updated 2017).
A tenant can use retaliatory eviction as both an affirmative defense against an eviction and as a cause of action against a landlord. The defense of retaliatory eviction was first recognized in the D.C. Circuit case Edwards v. Habib. In California, retaliatory eviction is considered an affirmative defense and can be used to defend a case.
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California cannot reject tenants’ applications for COVID-19 emergency rental assistance after a renter lawsuit raised questions about whether the state program meets constitutional standards.
Speaking of which, California Gov. Gavin Newsom signed a package of new housing bills this past week, including changes to the state's "builder's remedy," enhanced penalties for local governments ...
A Warrant of Possession directs the police to evict a tenant from the property. The police then contact the agent to arrange a time to go to the property, see the tenants off the premises, change the locks and formally take possession. The eviction must always be carried out by the police; the landlord cannot evict tenants themselves.
Under The Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19, a covered person is a tenant that has given their landlord the legal right to evict them, but has declared, under penalty of perjury, that: available housing assistance has been pursued; homeless status is likely after the eviction; the tenant is making ...
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