Fullerton Ellis Act Violations Lawyer
Coming home to an eviction notice on your door can feel like a betrayal. Even if you pay rent on time and follow the rules, you may suddenly have to find a new place to live. Do not let the deadline to vacate stop you from understanding your rights.
With legal representation, you could have help to investigate whether your landlord is acting in bad faith. Our experienced habitability attorneys at CD Law can challenge your eviction in court and seek reimbursement for your expenses. Contact a Fullerton Ellis Act violations lawyer to learn how tenant protections could help reimburse you or keep you in your home.
What Is the Ellis Act?
The Ellis Act is a state law that gives landlords the legal right to exit the rental business by withdrawing their properties from the market. Under California Government Code § 7060.7, landlords may withdraw their occupied properties from the market. To lawfully evict you, they must abide by the following requirements:
- Written notice of at least 120 days
- A one-year extension if you have a disability or are 62 years or older
- Relocation assistance for vacating expenses
- Removal of all units in the building rather than selective evictions
If your landlord violated these Ellis Act requirements, our Fullerton attorneys can represent you and file a claim on your behalf.
Signs of an Unlawful Ellis Act Eviction
A landlord may not be able to enforce an eviction if they do not meet all the requirements of the Ellis Act or attempt to use it unlawfully. Common misuses include partial eviction and retaliation.
A partial eviction happens when a landlord selectively evicts certain tenants, such as those paying low rent, to renovate for higher-paying renters. Cal. Gov. Code § 7060.7 prohibits partial evictions, making them unenforceable. Our Fullerton lawyers experienced in unlawful evictions can investigate whether the landlord has withdrawn all units or just a few targeted ones.
Retaliation happens when a landlord tries to evict a tenant for exercising a legal right, such as reporting an unsafe or uninhabitable condition under California Civil Code § 1942.5. These conditions may include:
- Mold
- Plumbing leaks
- Pests
- Broken heating
- Fire hazards
- Structural damage
Working with an attorney could help determine if your landlord acted unlawfully.
Damages Recoverable for Wrongful Eviction
Damages for wrongful eviction may include actual damages, punitive damages, and attorney’s fees. Under Cal. Civ. Code § 1942.5, actual damages are compensation for out-of-pocket costs, such as moving fees or the difference in rent if a new unit is more expensive. If a tenant proves a landlord acted in bad faith, a judge may triple the amount of damages awarded, per Cal. Civ. Code § 1947.10. A judge may also order the landlord to pay attorney’s fees, per Cal. Civ. Code § 1942.5. Working with a Fullerton attorney experienced in Ellis Act violations could help maximize your financial award.
Speak With a Fullerton Attorney About Ellis Act Violations Today
The Ellis Act gives property owners the freedom to stop being landlords. However, if landlords misuse this law to unfairly target tenants with wrongful evictions, the legal system must hold them accountable.
You do not have to face your eviction alone. A Fullerton Ellis Act violations lawyer from our firm can help you protect your home. At CD Law, we know how to defend against an illegal eviction. Contact us today for your free consultation.