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Withdrawing a Rental Unit from the Market ("Ellis Act")
Section 7060 et seq. of the California Government Code (also known as the "Ellis Act") allows owners to completely and permanently withdraw rental units from the market. The City of Oakland has specific requirements that must be followed when withdrawing a property under the provisions of the Ellis Act.
The procedures in the City of Oakland for compliance with the Ellis Act (Government Code § 7060 et seq.) are set forth in Sections 8.22.400 through 8.22.480 of the Oakland Municipal Code.
Withdrawal of rental units from the rental market is a very serious and sometimes complicated matter, and owners are strongly encouraged to seek and obtain legal advice concerning their own particular circumstances. Once a tenant is given a Notice of Termination (Form 1) and vacates any unit on the property, the application cannot be withdrawn.
An Owner withdraws his property from the rental market under the Ellis Act and Oakland Ordinance by filing with the Rent Adjustment Program a series of documents called the “Withdrawal Notices” (consisting of the notice to tenants of termination and the notice to the rent adjustment program, and a certification recorded in the recorder’s office, plus filing fee). These must be signed by all owners of record, subject to penalty for perjury.
120 days after filing the Withdrawal Notices, or one (1) year if the tenant is sixty-two (62) years of age or older and/or disabled, the withdrawal is effective. Withdrawal may not be used to withdraw less than all of the rental units on the property, nor to withdraw a rental unit during a fixed term lease, nor to retaliate or discriminate against a tenant.
The laws only apply to physical structures containing four or more residential units or with respect to a detached physical structure containing three or fewer rental units, the rental units in that structure and in any other structure located on the same parcel of land, including any detached physical structure.
Lower income households are entitled to relocation assistance which consists of two months rent in effect at the time of the notice of termination.
Tenants who provide a written notice of interest in re-renting should the unit be put back on the market within ten years must be offered first chance to rent.
You are required to keep the Rent Adjustment Program advised if you intend to re-rent your property.
For More Information
- Oakland Municipal Code Requirements
Link to Oakland Municipal Code sections pertaining to Ellis Act withdrawals
- How to Comply with Oakland's Requirements for Ellis Act withdrawals
Step by Step Instructions
- Ellis Act Filing Checklist
Checklist of Filing Requirements and Deadlines
If you have questions, please call the Rent Adjustment Program at (510) 238-3721.
Forms for Ellis Act Conversions
The following forms are used to apply to withdraw a unit from the rental market under the provisions of the Ellis Act, and for tenants to respond to Ellis Act notices.
- Form 1: Notice of Termination of Tenancy
- Form 2: Notice of Tenant Rights
- Form 3: Notice of Interest in Re-renting Rental Unit
- Form 4: Notice to Rent Adjustment Program of Intent to Withdraw Rental Unit from Rental Market
- Form 5: Certificate and Summary of Notice of Intent to Withdraw Rental Units From Rental Market
- Form 6: Notice of Entitlement to Extension Due to Disability or Age
- Form 7: Owner Notice to Rent Adjustment Program of Tenant Claim for Extension Due to Disability or Age
- Form 8: Owner Request for Information to Tenant Concerning Claim for Extension Due to Disability or Age
- Form 9: Tenant Response to Owner Request for Information Concerning Claim for Extension Due to Disability or Age
- Form 10: Notice to Tenant and Rent Adjustment Program of Extension of Date of Withdrawal of Rental Unit From Rental Market
- Form 11: Proof of Service
- Form 12: Notice to Owner of Entitlement to Relocation Benefit Payment
- Form 13: Owner Request for Documentation to Tenant Concerning Relocation Benefit Claim
- Form 14: Tenant Response to Owner Request for Documentation Concerning Relocation Benefit Claim
- Form 15: Notice of Payment of Relocation Benefit to Tenant
- Form 16: Notice of Intent to Re-offer Withdrawn Rental Units for Rent
- Form 17: Notice to Rent Adjustment Program of Constraints on Real Property
- Form 18: Notice of Constraints on Real Property
- Form 19: Request for Expungement of Constraints Upon Satisfaction of Constraints
- Form 20: Notice to Rent Adjustment Program of Rescission of Notice to Rent Adjustment Program of Intent to Withdraw Rental Unit From Rental Market