| Filing a copy with the city |
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Yes — file a Notice of Intent to Withdraw with the Department Applies: RSO units only; Ellis Act withdrawal or demolition, whether the units are occupied or vacant when filed
§ 151.23 · code textThis Notice of Intent to Withdraw shall be filed with the Department whether the rental unit(s) to be withdrawn or demolished are occupied or vacant at the time of filing -
Yes — submit a copy of the County Recorder memorandum to the Department with the Notice of Intent to Withdraw Applies: RSO units only; Ellis Act withdrawal or demolition
§ 151.23 · code textThe landlord shall submit a copy of the memorandum filed with the County Recorder to the Department concurrently with the Notice of Intent to Withdraw, with a certification that actions have been initiated as required by law to terminate any existing tenancies. -
yes — Notice of Intent to Withdraw Applies: Demolition or withdrawal of RSO units, occupied or vacant
§ 151.23 · code textThe landlord shall notify the Department of an intention to withdraw a rental unit from rental housing use. This Notice of Intent to Withdraw shall be filed with the Department whether the rental unit(s) to be withdrawn or demolished are occupied or vacant at the time of filing -
yes — copy of the recorded memorandum Applies: RSO demolition or withdrawal; submit with Notice of Intent to Withdraw
§ 151.23 · code textThe landlord shall submit a copy of the memorandum filed with the County Recorder to the Department concurrently with the Notice of Intent to Withdraw, with a certification that actions have been initiated as required by law to terminate any existing tenancies. -
yes — declaration identifying the intended occupant and related tenancy information Applies: Just Cause Evictions Ordinance non-RSO residential property, after the initial original lease expires or six months continuous lawful occupancy, whichever comes first. Excludes owner-shared kitchen/bathroom in the owner's principal home and the hotel, care, educational, cooperative, interim/transitional and government housing exclusions of section 165.04. termination based on the ground in Section 165.03 H
§ 165.05 · code textthe landlord shall file with the Department a declaration on a form and in the number prescribed by the Department identifying the person to be moved into the residential real property, the date on which the person will move in, the rent presently charged for the residential real property, and the date of the last rental increase. -
yes — declaration stating the reason for eviction Applies: Just Cause Evictions Ordinance non-RSO residential property, after the initial original lease expires or six months continuous lawful occupancy, whichever comes first. Excludes owner-shared kitchen/bathroom in the owner's principal home and the hotel, care, educational, cooperative, interim/transitional and government housing exclusions of section 165.04. termination based on grounds in Section 165.03 I or K through N
§ 165.05 · code textthe landlord shall file with the Department a declaration on a form and in the number prescribed by the Department stating the reason for eviction. -
yes — declaration and attached order to vacate Applies: Just Cause Evictions Ordinance non-RSO residential property, after the initial original lease expires or six months continuous lawful occupancy, whichever comes first. Excludes owner-shared kitchen/bathroom in the owner's principal home and the hotel, care, educational, cooperative, interim/transitional and government housing exclusions of section 165.04. termination based on the ground in Section 165.03 J
§ 165.05 · code textthe landlord shall file with the Department a declaration on a form and in the number prescribed by the Department stating that the landlord intends to evict in order to comply with a court order or governmental agency’s order to vacate residential real property. The landlord shall attach a copy of the order to this declaration. -
yes — any written notice terminating a tenancy, within three business days of service Applies: Just Cause Evictions Ordinance non-RSO residential property, after the initial original lease expires or six months continuous lawful occupancy, whichever comes first. Excludes owner-shared kitchen/bathroom in the owner's principal home and the hotel, care, educational, cooperative, interim/transitional and government housing exclusions of section 165.04. All written notices terminating a tenancy; electronic filing or approved Department form.
§ 165.05 · code textThe landlord shall file with the Department any such written notice terminating a tenancy within three business days of service on the tenant. (Amended by Ord. No. 188,757, Eff. 12/17/25.)
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| What a notice must say |
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Sworn statements, the unit address, number of units, tenant names and intent to evict, withdrawal date, and the applicable rent Applies: RSO units only; the notice filed with the Department to demolish or withdraw units from rental use (Ellis Act), occupied or vacant
§ 151.23 · code textshall contain the following: 1. statements, under penalty of perjury on the form and in the number prescribed by the Department, stating that the landlord intends to demolish the rental unit or to remove the rental unit from rental housing use; 2. the address or location of the rental unit; 3. the number of rental units to be demolished or removed from rental housing use; -
The factual reason for the gap between the maximum rent and the current or proposed rent Applies: RSO units only; when the landlord demands or accepts more than the maximum rent; tell the tenant or prospective tenant in writing
§ 151.05 · code textEach landlord who demands or accepts a higher rent than said maximum rent shall inform the tenant or any prospective tenant of the rental unit in writing of the factual justification for the difference between said maximum rent and the rent which the landlord is currently charging or proposes to charge. -
factual justification for the difference between the maximum rent and the rent charged or proposed Applies: RSO rental units as defined in section 151.02. landlord demands or accepts a higher rent than the maximum rent
§ 151.05 · code textEach landlord who demands or accepts a higher rent than said maximum rent shall inform the tenant or any prospective tenant of the rental unit in writing of the factual justification for the difference between said maximum rent and the rent which the landlord is currently charging or proposes to charge. -
intent, unit address, number of units, tenant names and intended eviction, withdrawal date, and applicable rent Applies: RSO rental units as defined in section 151.02. Notice of Intent to Withdraw
§ 151.23 · code textSEC. 151.23. ELLIS ACT PROVISIONS - REQUIRED NOTICE.
(Added by Ord. No. 177,901, Eff. 9/29/06.)
Notwithstanding any provision of this chapter to the contrary, if a landlord desires to demolish rental units subject to the Rent Stabilization Ordinance, or otherwise withdraw the units from rental housing use, irrespective
of whether such rental units are occupied or vacant, then the following provisions shall apply: (Amended by Ord. No. 184,873, Eff. 6/4/17.)
A. Notice of Intent to Withdraw. (Amended by Ord. No. 184,873, Eff. 6/4/17.) The landlord shall notify the Department of an intention to withdraw a rental unit from rental housing use. This Notice of Intent
to Withdraw shall be filed with the Department whether the rental unit(s) to be withdrawn or demolished are occupied or vacant at the time of filing and shall contain the following:
1. statements, under penalty of perjury on the form and in the number prescribed by the Department, stating that the landlord intends to demolish the rental unit or to remove the rental unit from rental
housing use;
2. the address or location of the rental unit;
3. the number of rental units to be demolished or removed from rental housing use;
4. the names of the tenants, if any, of each rental unit and that the landlord intends to evict such tenants in order to demolish the rental unit or to remove the rental unit from rental housing use;
5. the date on which the rental unit will be withdrawn from rental housing use; and
6. the rent applicable to that rental unit.
The Department shall have the authority to promulgate forms and procedures to assist in the implementation of this subdivision.
B. Recordation of Non-Confidential Memorandum and Extension of the Date of Withdrawal from Rental Housing Use. Irrespective of whether the rental units to be withdrawn or demolished are occupied
or vacant at the time of filing the Notice of Intent to Withdraw, the landlord shall record with the County Recorder a memorandum summarizing the provisions of the Notice of Intent to Withdraw, other than
provisions that are confidential pursuant to this section. If applicable, information respecting the name or names of the tenants, the rent applicable to any rental unit, and the total number of units is confidential
information and shall be treated as confidential information by the Department for purposes of the Information Practices Act of 1977, as contained in Chapter 1 (commencing with Section 1798) of Title 1.8 of Part
4 of Division 3 of the Civil Code. (Amended by Ord. No. 184,873, Eff. 6/4/17.)
The landlord shall submit a copy of the memorandum filed with the County Recorder to the Department concurrently with the Notice of Intent to Withdraw, with a certification that actions have been initiated as
required by law to terminate any existing tenancies.
The date on which the rental units are to be withdrawn from rental housing use shall be at least 120 days from the date of the delivery to the Department in person or by first-class mail of the Notice of Intent to
Withdraw.
If the tenant is at least 62 years of age or disabled (as defined in Government Code Section 12955.3) and has lived in their accommodations for at least one year prior to the date of delivery to the Department of
the Notice of Intent to Withdraw pursuant to Subsection A. of this section, then the date of withdrawal of the accommodations of that tenant shall be extended to one year after the date of delivery of that Notice to
the Department. This extension shall take place, if and only if, the tenant gives written notice of their entitlement to an extension to the landlord within 60 days of the date of delivery to the Department of the Notice
of Intent to Withdraw. In that situation, the following provisions shall apply:
1. The tenancy shall be continued on the same terms and conditions as existed on the date of delivery to the Department of the Notice of Intent to Withdraw, subject to any adjustments otherwise available
under the Rent Stabilization Ordinance.
2. No party shall be relieved of the duty to perform any obligation under the lease or rental agreement.
3. The landlord may elect to extend the date of withdrawal on any other rental units up to one year after the date of delivery to the Department of the Notice of Intent to Withdraw, subject to
Subparagraphs 1. and 2.
4. Within 30 days of the notification by the tenant to the landlord of their entitlement to an extension, the landlord shall give written notice to the Department of the claim that the tenant is entitled to stay
in the accommodations for one year after the date of delivery to the Department of the Notice of Intent to Withdraw.
5. Within 90 days of the date of delivery to the Department of the Notice of Intent to Withdraw, the landlord shall give written notice to the Department and the affected tenant of the landlord’s election to
extend the date of withdrawal and the new date of withdrawal under Subparagraph 3.
C. Notice to the Tenants of Pending Withdrawal. Within five days of delivery to the Department of the Notice of Intent to Withdraw with the certification required under Subsection B. of this section, and a
copy of the memorandum recorded by the County Recorder, the landlord shall notify, by delivery in person or by first-class mail, each affected tenant of the following:
1. That the Department has been notified pursuant to Subsection A., including the date of the delivery to the Department of the Notice of Intent to Withdraw;
2. That the Notice delivered to the Department specified the name and the amount of rent paid by the tenant as an occupant of the accommodations;
3. The amount of rent the landlord specified in the notice to the Department;
4. Notice to the tenant of the tenant’s rights under Paragraph (3) of Subdivision (b) of Government Code Section 7060.2; and
5. Notice to the tenant stating the following:
(a) If the tenant is at least 62 years of age or disabled, and has lived in their accommodations for at least one year prior to the date of delivery to the Department of the Notice of Intent to Withdraw,
then the tenancy shall be extended to one year after the date of delivery to the Department of the Notice of Intent to Withdraw, provided that the tenant gives written notice of their entitlement to the
landlord within 60 days of the date of delivery to the Department of the Notice of Intent to Withdraw;
(b) The extended tenancy shall be continued on the same terms and conditions as existed on the date of delivery to the Department of the Notice of Intent to Withdraw, subject to any adjustments
otherwise available under the Rent Stabilization Ordinance; and
(c) No party shall be relieved of the duty to perform any obligation under the lease or rental agreement during the extended tenancy.
D. Annual Property Status Reports. (Added by Ord. No. 184,873, Eff. 6/4/17.) For no less than seven (7) years following the date of delivery to the Department of the Notice of Intent to Withdraw, or until
such time as the Department advises the landlord that they have complied with all reporting requirements set forth in this section, whichever occurs first, the landlord shall file with the Department an Annual
Property Status Report, under penalty of perjury and on the form and in the manner prescribed by the Department, providing the following information to the extent applicable:
1. the status related to the demolition of any withdrawn rental units;
2. the status related to the development of any withdrawn rental units; and
3. confirmation that any newly constructed rental units have been registered with the Department in conformance with Section 151.05 and are being operated in compliance with the Rent Stabilization
Ordinance. -
Department notification and delivery date, tenant name and rent information, specified rent, tenant rights, and qualifying extension rights Applies: RSO rental units as defined in section 151.02. notice to affected tenants of pending withdrawal; tenant notice delivered in person or by first-class mail within five days of delivery to the Department of withdrawal notice, certification and recorded memorandum.
§ 151.23 · code textSEC. 151.23. ELLIS ACT PROVISIONS - REQUIRED NOTICE.
(Added by Ord. No. 177,901, Eff. 9/29/06.)
Notwithstanding any provision of this chapter to the contrary, if a landlord desires to demolish rental units subject to the Rent Stabilization Ordinance, or otherwise withdraw the units from rental housing use, irrespective
of whether such rental units are occupied or vacant, then the following provisions shall apply: (Amended by Ord. No. 184,873, Eff. 6/4/17.)
A. Notice of Intent to Withdraw. (Amended by Ord. No. 184,873, Eff. 6/4/17.) The landlord shall notify the Department of an intention to withdraw a rental unit from rental housing use. This Notice of Intent
to Withdraw shall be filed with the Department whether the rental unit(s) to be withdrawn or demolished are occupied or vacant at the time of filing and shall contain the following:
1. statements, under penalty of perjury on the form and in the number prescribed by the Department, stating that the landlord intends to demolish the rental unit or to remove the rental unit from rental
housing use;
2. the address or location of the rental unit;
3. the number of rental units to be demolished or removed from rental housing use;
4. the names of the tenants, if any, of each rental unit and that the landlord intends to evict such tenants in order to demolish the rental unit or to remove the rental unit from rental housing use;
5. the date on which the rental unit will be withdrawn from rental housing use; and
6. the rent applicable to that rental unit.
The Department shall have the authority to promulgate forms and procedures to assist in the implementation of this subdivision.
B. Recordation of Non-Confidential Memorandum and Extension of the Date of Withdrawal from Rental Housing Use. Irrespective of whether the rental units to be withdrawn or demolished are occupied
or vacant at the time of filing the Notice of Intent to Withdraw, the landlord shall record with the County Recorder a memorandum summarizing the provisions of the Notice of Intent to Withdraw, other than
provisions that are confidential pursuant to this section. If applicable, information respecting the name or names of the tenants, the rent applicable to any rental unit, and the total number of units is confidential
information and shall be treated as confidential information by the Department for purposes of the Information Practices Act of 1977, as contained in Chapter 1 (commencing with Section 1798) of Title 1.8 of Part
4 of Division 3 of the Civil Code. (Amended by Ord. No. 184,873, Eff. 6/4/17.)
The landlord shall submit a copy of the memorandum filed with the County Recorder to the Department concurrently with the Notice of Intent to Withdraw, with a certification that actions have been initiated as
required by law to terminate any existing tenancies.
The date on which the rental units are to be withdrawn from rental housing use shall be at least 120 days from the date of the delivery to the Department in person or by first-class mail of the Notice of Intent to
Withdraw.
If the tenant is at least 62 years of age or disabled (as defined in Government Code Section 12955.3) and has lived in their accommodations for at least one year prior to the date of delivery to the Department of
the Notice of Intent to Withdraw pursuant to Subsection A. of this section, then the date of withdrawal of the accommodations of that tenant shall be extended to one year after the date of delivery of that Notice to
the Department. This extension shall take place, if and only if, the tenant gives written notice of their entitlement to an extension to the landlord within 60 days of the date of delivery to the Department of the Notice
of Intent to Withdraw. In that situation, the following provisions shall apply:
1. The tenancy shall be continued on the same terms and conditions as existed on the date of delivery to the Department of the Notice of Intent to Withdraw, subject to any adjustments otherwise available
under the Rent Stabilization Ordinance.
2. No party shall be relieved of the duty to perform any obligation under the lease or rental agreement.
3. The landlord may elect to extend the date of withdrawal on any other rental units up to one year after the date of delivery to the Department of the Notice of Intent to Withdraw, subject to
Subparagraphs 1. and 2.
4. Within 30 days of the notification by the tenant to the landlord of their entitlement to an extension, the landlord shall give written notice to the Department of the claim that the tenant is entitled to stay
in the accommodations for one year after the date of delivery to the Department of the Notice of Intent to Withdraw.
5. Within 90 days of the date of delivery to the Department of the Notice of Intent to Withdraw, the landlord shall give written notice to the Department and the affected tenant of the landlord’s election to
extend the date of withdrawal and the new date of withdrawal under Subparagraph 3.
C. Notice to the Tenants of Pending Withdrawal. Within five days of delivery to the Department of the Notice of Intent to Withdraw with the certification required under Subsection B. of this section, and a
copy of the memorandum recorded by the County Recorder, the landlord shall notify, by delivery in person or by first-class mail, each affected tenant of the following:
1. That the Department has been notified pursuant to Subsection A., including the date of the delivery to the Department of the Notice of Intent to Withdraw;
2. That the Notice delivered to the Department specified the name and the amount of rent paid by the tenant as an occupant of the accommodations;
3. The amount of rent the landlord specified in the notice to the Department;
4. Notice to the tenant of the tenant’s rights under Paragraph (3) of Subdivision (b) of Government Code Section 7060.2; and
5. Notice to the tenant stating the following:
(a) If the tenant is at least 62 years of age or disabled, and has lived in their accommodations for at least one year prior to the date of delivery to the Department of the Notice of Intent to Withdraw,
then the tenancy shall be extended to one year after the date of delivery to the Department of the Notice of Intent to Withdraw, provided that the tenant gives written notice of their entitlement to the
landlord within 60 days of the date of delivery to the Department of the Notice of Intent to Withdraw;
(b) The extended tenancy shall be continued on the same terms and conditions as existed on the date of delivery to the Department of the Notice of Intent to Withdraw, subject to any adjustments
otherwise available under the Rent Stabilization Ordinance; and
(c) No party shall be relieved of the duty to perform any obligation under the lease or rental agreement during the extended tenancy.
D. Annual Property Status Reports. (Added by Ord. No. 184,873, Eff. 6/4/17.) For no less than seven (7) years following the date of delivery to the Department of the Notice of Intent to Withdraw, or until
such time as the Department advises the landlord that they have complied with all reporting requirements set forth in this section, whichever occurs first, the landlord shall file with the Department an Annual
Property Status Report, under penalty of perjury and on the form and in the manner prescribed by the Department, providing the following information to the extent applicable:
1. the status related to the demolition of any withdrawn rental units;
2. the status related to the development of any withdrawn rental units; and
3. confirmation that any newly constructed rental units have been registered with the Department in conformance with Section 151.05 and are being operated in compliance with the Rent Stabilization
Ordinance. -
reasons for the termination Applies: Just Cause Evictions Ordinance non-RSO residential property, after the initial original lease expires or six months continuous lawful occupancy, whichever comes first. Excludes owner-shared kitchen/bathroom in the owner's principal home and the hotel, care, educational, cooperative, interim/transitional and government housing exclusions of section 165.04. any action to recover possession
§ 165.05 · code textIn any action to recover possession of residential real property, the landlord shall serve on the tenant a written notice setting forth the reasons for the termination. -
specific facts permitting determination of the date, place, witnesses, and circumstances concerning the eviction reason Applies: Just Cause Evictions Ordinance non-RSO residential property, after the initial original lease expires or six months continuous lawful occupancy, whichever comes first. Excludes owner-shared kitchen/bathroom in the owner's principal home and the hotel, care, educational, cooperative, interim/transitional and government housing exclusions of section 165.04. termination based on grounds in Section 165.03 B through G
§ 165.05 · code textthe termination notice must set forth specific facts to permit a determination of the date, place, witnesses and circumstances concerning the eviction reason. -
person moving in, move-in date, present rent, and date of last rental increase Applies: Just Cause Evictions Ordinance non-RSO residential property, after the initial original lease expires or six months continuous lawful occupancy, whichever comes first. Excludes owner-shared kitchen/bathroom in the owner's principal home and the hotel, care, educational, cooperative, interim/transitional and government housing exclusions of section 165.04. termination based on the ground in Section 165.03 H; Department declaration must also be served on the tenant under Code of Civil Procedure 1162.
§ 165.05 · code textidentifying the person to be moved into the residential real property, the date on which the person will move in, the rent presently charged for the residential real property, and the date of the last rental increase. -
reason for eviction on a Department-prescribed declaration Applies: Just Cause Evictions Ordinance non-RSO residential property, after the initial original lease expires or six months continuous lawful occupancy, whichever comes first. Excludes owner-shared kitchen/bathroom in the owner's principal home and the hotel, care, educational, cooperative, interim/transitional and government housing exclusions of section 165.04. termination based on grounds in Section 165.03 I or K through N; Department declaration must also be served on the tenant under Code of Civil Procedure 1162.
§ 165.05 · code textthe landlord shall file with the Department a declaration on a form and in the number prescribed by the Department stating the reason for eviction. -
declaration of intent to comply with an order to vacate, with a copy of the order attached Applies: Just Cause Evictions Ordinance non-RSO residential property, after the initial original lease expires or six months continuous lawful occupancy, whichever comes first. Excludes owner-shared kitchen/bathroom in the owner's principal home and the hotel, care, educational, cooperative, interim/transitional and government housing exclusions of section 165.04. termination based on the ground in Section 165.03 J; Department declaration must also be served on the tenant under Code of Civil Procedure 1162.
§ 165.05 · code textstating that the landlord intends to evict in order to comply with a court order or governmental agency’s order to vacate residential real property. The landlord shall attach a copy of the order to this declaration.
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