Landlord Can Withdraw Property From Market by Showing Bona Fide Intent, Regardless of Motive

摘要

State law permitting a landlord to withdraw from the rental market does not supersede the statute protecting tenants from retaliatory evictions, but a landlord may withdraw property from rental by demonstrating a bona fide intent, regardless of motive, ruled the California Supreme Court. (Drouet v. Superior Court of the City and County of San Francisco, No. S096161, 2003 WL 21883432 (Cal), August 11, 2003) The California Ellis Act (act) allows a landlord to withdraw rental property in order to disengage from the residential rental market. Once a landlord complies with the procedural provisions of the act, he may file an unlawful detainer action to evict tenants and recover complete possession of his property.