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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Drouet v. Superior Court, 104 Cal. Rptr. 2d 159 (2001)

Citation
Drouet v. Superior Court, 104 Cal. Rptr. 2d 159 (2001)
Parent Document
Drouet v. Superior Court, 104 Cal. Rptr. 2d 159 (2001)
Jurisdiction
California (state)
Effective Date
2001-05-23

Other Sections in This Document (78)

Full Text

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To safeguard tenants, the Ellis Act bristles with remedies for pretextual removals of rental units. "Concerned that the Ellis Act might provide landlords with a `loophole' to circumvent rent control laws, the Legislature included certain provisions to forestall evictions under the pretext of going out of business." (Friedman et al., Cal. Practice Guide: Landlord-Tenant (The Rutter Group 2000)[¶] 5:360, p. 5-127.) If a landlord pretextually invokes the Ellis Act to go out of the rental business permanently, but then subsequently offers the removed units for rent within two years of the date of removal, the landlord faces a host of adverse consequences.