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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.
New Jersey was the first state to pass a just-cause eviction law in 1974. [1] Interest in these laws has grown in recent years with California passing a just-cause eviction law in 2019 [4] and Oregon passing a bill enumerating valid causes for evicting tenants the same year. [5] Washington passed a similar bill in 2021. [6]
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).
How long will tenants have to repay COVID-19 rent debts? Under the new rules, tenants will have until Aug. 1 to pay back rent accumulated between March 1, 2020, and Sept. 30, 2021. They will have ...
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 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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