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Ellis Act Eviction in San Francisco (三藩市的埃利斯法案驅逐)

December 6, 2021 Guides & Reports

Frequently Asked Questions

What is the Ellis Act and how does it affect me?

The Ellis Act is a state law which allows landlords to evict tenants to “go out of rental business.” It is called a “No Fault Eviction”, where the tenant is evicted through no fault of their own. They may have paid their rent on time and followed the rules, but the landlord still intends to terminate the tenancy.

As the Bay Area housing crisis continues to drive up the market rate for rental units, landlords, speculators and developers are increasingly implementing the Ellis Act to evict tenants living in rent-controlled buildings.




What are my rights if I receive an Ellis Act Eviction Notice?

  • For an Ellis eviction, the landlord must evict all the tenants in the building and cannot single out one tenant and/or remove just one unit out of several from the rental market
  • The landlord must file an Ellis Act notice with the San Francisco Rent Board; the landlord must give a minimum of 120 days notice and must give a one year notice for senior and disabled tenants
  • For a period of 5 years, if the unit is re-rented, the rent must be the same as what the evicted tenant was paying, plus any increase allowed under the San Francisco Rent Ordinance
  • For a period of 10 years, if the unit is re-rented, the evicted tenant gets first right to return
  • Re-rental restrictions are binding on current and future owners


  • 對於埃利斯法案驅逐,房東必須驅逐大樓中的所有租戶,並且不能從租賃市場中挑選個別租戶和/或移除部分單元
  • 房東必須向三藩市租金委員會提交一份埃利斯法案通知;房東必須提前至少120天發出通知,並提前一年對老年人和殘疾租戶發出通知
  • 在5年期限內,如果單位被重新出租,租金必須與被驅逐租戶支付的租金相同,包括三藩市租金條例允許的增加
  • 在10年期限內,如果該單元被重新出租,被驅逐的租戶將首先獲得歸還的權利
  • 轉租限制對當前和未來的業主具有約束力

I received a warning notice from my landlord to move-out immediately.

Landlords must follow a strict set of rules and legal steps to proceed with an Ellis eviction. They often make mistakes or don’t have a real intention to Ellis your unit, but issue Ellis “advisories” to tenants, as a tactic to pressure tenants to move out immediately and give up their rights under the law. However, these “warnings'' are not legal eviction notices.

Do not panic, you do not have to move. If you move out voluntarily, the re-rental restrictions will not apply to the unit, you will not have the right to return, and your unit will no longer remain affordable for you or other future tenants.




What are my options?

  • File a “Tenant Report of Alleged Wrongful Eviction” (Form 519) at the San Francisco Rent Board if your landlord has not given you a legal eviction notice and is threatening you or harassing you
  • Organize with other tenants and fight
  • DO NOT negotiate a buy-out or sign any agreement with the landlord without first talking to a housing rights attorney


  • 如果您的房東沒有提供一份合法的驅逐通知,並且威脅您或騷擾您,您可向三藩市租房委員會提交一份“房客非法驅逐投訴”(表格519)
  • 與其他租戶一起組織和挑戰房東的驅逐
  • 在未經房屋權利律師的建議前,千萬不要與房東協商買斷或簽署任何協議