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Ellis eviction


Kindly advise if you can provide some clarification in this process.

The 120d Ellis notice is due on the July 21, 2023

The owner has denied relocation funds due to rental debt owed to the owner, Melissa, from September 2022 to March 2023, by the Master Tenant, Steve. Are we liable for their rental agreement when our agreement was solely with Master Tenant, Steve? She notified us of a change of management on May 19, 2023. 

Should I request the Escrow company officially notify LAHD there is a dispute in the release of relocation funds? 

Thank you for your kind assistance.

Analyzing the Legal Context and Questions

The scenario presents a complex situation concerning the Ellis Act in California, a state law that allows landlords to evict tenants if they intend to leave the rental market. In this case, the property owner, Melissa, is moving forward with an Ellis eviction with a 120-day notice, which is due on July 21, 2023. However, a dispute has arisen concerning relocation funds, which Melissa has denied due to rental debt from the Master Tenant, Steve.

A crucial factor here is that your rental agreement was solely with Steve, which begs the question if you are liable for their agreement. Also, a change in property management occurred on May 19, 2023, adding another layer to this situation.

Relevant California Law and Resources

Under California's Ellis Act (Government Code §7060-7060.7), property owners have the right to exit the rental market, but must comply with specific requirements. One of these is providing adequate notice to tenants and payment of relocation fees under certain circumstances.

Los Angeles' Rent Stabilization Ordinance (RAC Regulations 1200.00) may also be relevant, specifically in the context of disputes related to relocation funds.

Possible Resolutions and Actions

If Melissa has refused to provide relocation funds due to Steve's rental debt, there are a few possible actions you might consider:

  1. Seek Legal Advice: Given the complexities of this situation, it's wise to consult with a landlord & tenant attorney in your area. This can help clarify the specifics of your liability and potential actions.

  2. Contact LAHD: You could request that the Escrow company notify the Los Angeles Housing Department (LAHD) about the dispute over the release of relocation funds.

  3. Mediation: Another option might be to mediate the issue with Steve and Melissa, potentially with a neutral third party.

Estimation of Legal Costs

Below is a rough estimation of the costs involved, but actual amounts may vary depending on the specifics of your case:

Service Estimated Cost ($)
Initial Consultation with a Lawyer 200-500
Mediation Services 1000-3000
Filing a Dispute with LAHD 500-1000
Overall Legal Fees (if litigation) 5000-15000

Request for Additional Information

To provide more specific advice, it would be helpful to understand more about your situation.

  1. Could you clarify the nature of your agreement with Steve?
  2. Did you receive formal communication about the rental debt from September 2022 to March 2023?
  3. What terms were stipulated regarding the change in management?

Please also feel free to ask a free legal question if you have other concerns.

Legal Disclaimer

Please note that this advice is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by this communication. Always consult with a licensed attorney for specific legal advice related to your situation.

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"Ellis eviction "

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Written by Counselor
Thu, 07/20/2023 - 05:47

Further Insight into the Situation

In California, under the Ellis Act, landlords are allowed to exit the rental market, but they must follow specific procedures. This includes giving tenants a notice of eviction 120 days ahead and, under certain circumstances, paying relocation fees to the tenants. The master tenant, Steve, appears to have accumulated rental debt, leading the landlord, Melissa, to withhold relocation funds.

Your agreement was solely with Steve, causing confusion about the liability for the rental debt. Moreover, a change in property management was also reported, adding further complexity to the situation.

Potential Alternatives

  1. Negotiating with the Landlord: If Melissa is withholding relocation funds due to Steve's rental debt, you might be able to negotiate with her. Explaining your agreement was with Steve and not linked to his debt might help. However, you should get legal advice before starting such a negotiation.

  2. Legal Action: If negotiation doesn't work or is not an option, you might need to take legal action to protect your rights. Consulting a landlord & tenant attorney could be an essential first step.

  3. Assistance from Local Organizations: There are organizations in California, such as the Housing Rights Center and LAHD, that can provide advice or support to tenants facing issues like this. They may be able to guide you on how best to handle this situation.

Deeper Examination of Legal Context

Relevant legislation in California includes the Ellis Act (Government Code §7060-7060.7), which offers provisions for landlords intending to leave the rental market.

The Rent Stabilization Ordinance of Los Angeles (RAC Regulations 1200.00) might also be applicable in the context of disputes related to relocation funds.

Always consult an attorney for a comprehensive understanding of your legal situation. The State Bar of California is an excellent resource to find the right lawyer.

Please note this advice is for informational purposes and does not establish an attorney-client relationship. Always consult a licensed attorney for specific legal advice.

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