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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.
Not only do crime-free housing rules stop landlords from renting to those with prior convictions, but many also call for the eviction of tenants based on arrests or contact with law enforcement.
If the tenant will not cooperate with the parameters of an eviction notice, application is made to the Tenancy Tribunal for possession of the property. A landlord cannot legally evict a tenant without obtaining a Possession Order and a Warrant of Possession. A Warrant of Possession directs the police to evict a tenant from the property.
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.
Under "just cause" eviction rules, L.A. landlords can evict tenants only for specific reasons, one of which is to "substantially remodel" their properties. The City Council directed the city ...
Under state law, landlords can evict tenants if they are planning a "substantial remodel" of a unit. Long Beach housing advocate Maria Lopez saw it as a loophole in tenant protection law. She ...