Under the Sacramento Tenant Protection Ordinance, landlords can evict all tenants from a rental property and remove the property from the residential rental housing market.  Sacramento Municipal Code § 5.156.090(A).  Despite being a lawful just cause for eviction under the Sacramento Tenant Protection Act’s just cause for eviction protection provisions, the landlord must follow strict rules to evict and following evicting Sacramento tenants from their homes to effectuate an Ellis Act eviction.  As with Sacramento Owner Move-In Evictions, a landlord’s failure to comply with the Sacramento Tenant Protection Act may result in the Sacramento tenant having a claim for wrongful eviction.

What is an Ellis Act Eviction? 

California law allows landlords to permanently remove a residential rental property from the housing market.  California Government Code § 7060, et seq.  The Ellis Act permits landlords to evict simultaneously all Sacramento tenants from the residential building to remove the property from the rental market for a minimum of twelve (12) months.  Sacramento Municipal Code § 5.156.090(A)(7).  Please note that the twelve (12) months commences on the date when all of the units become vacant.  Sacramento Tenant Protection Program Administrative Procedures § 1.08.  The Ellis Act is generally used to change a building’s use into condominiums, prospective demolitions, or the landlord’s personal use.

What Types of Units Does the Sacramento Ellis Act Ordinance Cover? 

The Sacramento Tenant Protection Act’s Ellis Act provisions only covers specific rental units.  Specifically, the Sacramento Tenant Protection Act covers all units leased for residential use under a lease agreement in the City of Sacramento.  Sacramento Municipal Code § 5.156.020.  Leases may be written, verbal, or implied by landlord and tenant conduct.  However, the Sacramento Tenant Protection Act exempts certain rental units, including:

  • Units in hotels, motels, inns, tourist homes, or room and board homes rented to guests for fewer than thirty (30) days, or other transient occupancies as defined in Civil Code section 1940(b);
  • Units in hospitals, medical care facilities, residential care facilities, asylums, group homes for seniors or the disabled, transitional housing programs for the unhoused, converts or monasteries owner and operated by a religious organization, frat and sorority houses, and dormitories owned and operated by accredited higher education institutions;
  • Units with income-based rent that are owned and operated or subsidized by a government entity or subject to a government affordable housing contract leased to families with an income of 120% of the area median income or below;
  • Units in which the tenant shares a bathroom or kitchen with the property owner;
  • Units that were built after February 1, 1995, as specified on the Certificate of Occupancy (“CO”), or, where no CO exists, the final inspection date;
  • Units in condominium complexes or stock cooperatives; and,
  • Units that the landlord or the landlord’s immediate family occupancy as their primary residence.  Sacramento Municipal Code § 5.156.030.

Click here to read more about the Sacramento Tenant Protection Act.

How Many Days’ Notice Are Sacramento Tenants Entitled to Receive When the Landlord Evicts Using the Ellis Act Eviction?

To evict Sacramento tenants using the Ellis Act Eviction procedure under the Sacramento Tenant Protection Act, the landlord must provide every Sacramento tenant in the building at least one-hundred-and-twenty (120) days’ notice prior to the date the landlord intends to take the building off of the residential rental market.  Sacramento Municipal Code § 5.156.090(A)(7).  Where the Sacramento tenant is sixty-two (62) years or older, or disabled, and has lived in their unit for at least a year, they must be provided with a full year of notice after the date of delivery of that notice to the public entity, provided that the tenant or lessee gives written notice of their entitlement to an extension to the owner within 60 days of the date of delivery to the Sacramento Tenant Protection Program of the notice of intent to withdraw.  Government Code § 7060.4(b).

Must Sacramento A Ellis Act Eviction Termination of Tenancy Notice Be Written?

Yes, Sacramento tenants must receive a written termination of tenancy notice providing at least one-hundred-and-twenty (120) days advanced notice that the landlord seeks to evict to perform a Sacramento Ellis Act Eviction.  Sacramento Municipal Code § 5.156.090(A)(7).  Prior to serving this notice, the landlord must file a “Notice of Intent to Withdraw Rental Units,” with the Sacramento Tenant Protection Program.  Sacramento Tenant Protection Program Administrative Procedures  § 1.08.  After serving the Sacramento tenant with the written notice of termination of tenancy, the landlord must serve that notice, along with a copy of the rental agreement on the Sacramento Tenant Protection Program within thirty (30) days.

What Happens if the Landlord Re-rents the Property to New Tenants within Twelve Months of Evicting the Building Through Performing A Sacramento Ellis Act Eviction?

As stated above, the landlord must not re-rent any unit at the property for at least twelve (12) months after performing a Sacramento Ellis Act Eviction.  Sacramento Municipal Code § 5.156.090(A)(7).  While the landlord’s family members may occupy units at the property, the landlord must not collect rent from them.  Sacramento Tenant Protection Program Administrative Procedures § 1.08.  Where the landlord fails to abide by this law, any displaced Sacramento tenant will have suffered a wrongful eviction due to the landlord’s fraudulent performance of a Sacramento Ellis Act eviction.  The Sacramento tenant may initiate a civil lawsuit for money damages due to the wrongful eviction.

How Much Relocation Assistance are Sacramento Tenants Entitled When Displaced By A Sacramento Ellis Act Eviction?

The Sacramento Tenant Protection Act does not provide Sacramento tenants with any relocation assistance when displaced due to the landlord performing a Sacramento Ellis Act Eviction.  However, some Sacramento tenants may be covered by the California Tenant Protection Act of 2019, which provides relocation assistance when the landlord evicts under the Ellis Act.  For more information about the California Tenant Protection Act, click here.

For Ellis Act Evictions, Does the Sacramento Tenant Protection Act Provide Relocation for Disabled, Elderly, or Minor Children Tenants?

No, the Sacramento Tenant Protection Act does not provide relocation for disabled, elderly, or minor children tenants residing in a building when the landlord seeks to evict by performing a Sacramento Ellis Act Eviction.  However, some Sacramento tenants may be covered by the California Tenant Protection Act of 2019, which provides relocation assistance when the landlord evicts pursuant to the Ellis Act.  For more information about California Tenant Protection Act, click here.

Can the Landlord Perform a Sacramento Ellis Act Eviction on Only Certain Units in the Building? 

No, the landlord must evict every unit in the building if they seek to evict by performing a Sacramento Ellis Act Eviction.  Sacramento Municipal Code § 5.156.090(A)(7).  Where only certain Sacramento tenants receive a termination of tenancy notice under the Sacramento Tenant Protection Act, the Sacramento Ellis Act eviction is invalid.

What Can Sacramento Tenants Do When Their Landlord Abuses the Sacramento Ellis Act Eviction Law? 

Sacramento tenants facing landlord Ellis Act eviction abuse may contact the City Attorney’s office by phone or in person or file a petition with the Sacramento Tenant Protection Program.  Additionally, they may initiate a civil lawsuit for money damages against their landlord.  Sacramento Municipal Code § 5.156.120.  This includes tenants suffering harassment or retaliation for fighting back against their landlords abuse of a Sacramento Ellis Act Eviction or where the Sacramento tenant has suffered a wrongful eviction related to a fraudulent Sacramento Ellis Act Eviction.

To discuss the Sacramento Tenant Protection Act, Sacramento Ellis Act Evictions, Sacramento Owner Move-In Evictions and Relative Move-In Evictions, or California Rent Control (AB 1482), contact Astanehe Law, including phone or email to speak with a tenant attorney.