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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.
Tenants can fight evictions in civil court through the unlawful detainer process. Landlords can first issue notices giving tenants time to move out before taking them to court to evict them.
Retaliatory eviction was first recognized as a cause of action in the California case Aweeka v. Bonds. [9] The case recognized the inequity of forcing the tenant to wait until they were confronted with an unlawful detainer action to bring up retaliatory eviction as a defense. [10]
Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, summary process, forcible detainer, ejectment, and repossession, among other terms. Nevertheless, the term eviction is the most commonly used in communications between the landlord and tenant.
So that the owner does not have to be personally named as the plaintiff in the unlawful detainer lawsuit, the property management contract includes an assignment of the right of possession so that the property management company may be the named plaintiff in the unlawful detainer action.
Pursuant to California Government Code § 68070 and the Judicial Council California Rules of Court § 10.613, the Sacramento County Superior Court has adopted Local Rules for its government and the government of its officers.