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My former landlord quit my tenancy under the Ellis Act, but…

Customer Question
My former landlord quit...

My former landlord quit my tenancy under the Ellis Act, but I did not sign away my rights to re-rent. I just got notified that the unit is back on the rental market and I sent my "Desire to re-rent" notification to the landlord. He sent back a check, no explanation. Do I still have the right to re-rent my apartment?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

California

Lawyer's Assistant: Has anything been filed or reported?

I'm not sure what you're asking. Please elaborate.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that I need a lawyer with knowledge of the Ellis Act code

Submitted: 7 months ago.Category: Legal
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Answered in 2 minutes by:
12/6/2017
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,233
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks so much for your patience on this. Generally, under the Ellis Act, evicted tenants have the right to re-rent the property if it is put back on the rental market for a period of ten years. In your case, if the unit is back on the market and it has been within the ten year time-frame, then you have the right to re-rent the property; however,m otherwise, if it's beyond ten years or if they take it off the market, then it is not a violation.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 7 months ago
The last day of my tenancy was 2/25/2015. This incident is definitely within the 10-year timeframe. On 11/17/2017 I received notification from the City of Santa Monica that the unit was returned to the rental market. I sent my notice of desire to re-rent to the landlord on 11/21 and received a check equivalent to 6-months rent on 12/6. Specifically under the Ellis Act code, is he allowed to rent my unit even if I have sent official notice in a timely manner of my desire to re-rent it?
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Thanks for responding. The answer is no.
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Lawyer: Legal Eagle, Lawyer replied 7 months ago
He cannot re rent it without giving you a chance First. Any other questions?
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Customer reply replied 7 months ago
To qualify as "giving me a chance" to rent the unit first, when does that clock start? And how long do I have to respond?
Lawyer: Legal Eagle, Lawyer replied 7 months ago

Well, it starts when they decide to put it back on the rental market. Basically, before they rent it to anyone else, they need to offer it to you first. There's no defined time limit for you to respond.

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