A property owner may recover possession of a rental unit to either demolish a rental unit or to remove the rental unit permanently from rental housing use (also known as the Ellis Act), per LAMC Sections 151.09.A.10 and 151.
A landlord seeking to evict tenants for any of these two reasons, may not withdraw from rent or lease less than all of the accommodations. All tenants evicted as a result of a unit being removed from the rental market have rights and are entitled to proper eviction notices.
If you receive an eviction notice from your landlord because your landlord wishes to recover possession of the rental unit, you can expect the following:
You will receive a Letter of Introduction from the Housing + Community Investment Department (HCIDLA) advising you that a Notice of Intent to Withdraw Units and terminate your tenancy has been filed by your landlord. It will indicate the following: Type of eviction; Case Number – for example LD050000; Assigned Analyst name and contact information; Contact Information to City’s Relocation Consultant.
Your case will be referred to the City’s Relocation Consultant which will contact you to conduct an over-the-phone interview and provide you with transportation and support during your relocation.
The purpose of the interview is to determine the following:
120-Day Notice of Eviction
You are entitled to a 120-Day Notice of Eviction. The property owner is also responsible for providing you with the completed Notice to Tenant of Pending Withdrawal (Form E3) and we ask they provide you a blank Notice of Interest in Renewing Tenancy (Form E4). The Notice to Tenant of Pending Withdrawal (Form E3) should be provided within 5 days of the property owner’s filing of the Notice of Intent with HCIDLA.
Per LAMC Section 151.23.B, you may be entitled to a one-year extension from the date the landlord delivered the Notice of Intent to Withdraw to HCIDLA if you are 62 years of age or disabled (as defined in Government Code Section 12955.3) AND have resided in your rental unit for at least one year. To request the extension, you need to provide your landlord with a written notice of your entitlement within 60 days after the filing of the Notice of Intent to Withdraw filed with the HCIDLA. This date will be indicated on the Notice to Tenant of Pending Withdrawal (Form E3) that the landlord must serve you.
You may be entitled to relocation assistance (Spanish) fees. The City’s Relocation Consultant will determine the amount of relocation fees you are entitled to, otherwise the determination will be based on the information provided by your Landlord.
If you disagree with the relocation assistance determination, you have the right to appeal the determination within 15 days of the issuance of the relocation determination issued by the City’s Relocation Consultant.
If you are entitled to relocation assistance, the property owner should provide you with your relocation assistance payment within 15 days after the service of the eviction notice. This payment can be made either directly to you or through an escrow account.
If you have any questions on this process, please contact your assigned analyst (provided on the HCIDLA correspondence).
All parties have a right to appeal the City’s Relocation Consultant’s Tenant Relocation Determination within 15 calendar days from the date of their determination. Appeals must be received by HCIDLA with the completed Appeal Form and the filing fee made payable to “City of Los Angeles.”
There is a low income exemption waiver for the appeal fee. To qualify for an exemption from the appeal filing fee, the applicant’s annual household earnings must be no more than 50% of the median income in the Los Angeles area. If you do not qualify for an exemption, you must submit the filing fee before an appeal can be scheduled.
If you are Interested in returning to the unit you must:
Advise the landlord in writing, within 30 days of your displacement, that you are interested in considering an offer to renew the tenancy should the unit become available. Use the Notice of Interest in Renewing Tenancy (Form E4). You must provide this to the landlord. We recommend that you also provide a copy to HCIDLA.
Advise the landlord and the Department anytime during the two year period of eligibility of a change of address to which the landlord may direct the offer.
If you informed the landlord in writing of your desire to consider an offer to renew your tenancy, the property owner must:
Inform you via certified mail that the unit will become available. The notice from the landlord shall describe the terms of the offer.
Provide you with 30 days to respond to the offer.
Offer the accommodations at the lawful rent in effect at the time the Notice of Intent to Withdraw the accommodations was filed with HCIDLA, plus annual adjustments available under LAMC 151.06. (LAMC Section 151.26 and 151.27).
You have 30 days from the deposit of the offer in the mail to accept the offer. You can do this by personal delivery of that acceptance or by deposit of the acceptance in the United States mail by registered or certified mail with postage prepaid.