Owner Move-In and Ellis Act Evictions in the Bay Area: What San Francisco, Oakland, and Berkeley Tenants Need to Know

In the Bay Area, two types of evictions stand out for their impact on long-term tenants in rent-controlled housing: Owner Move-In (OMI) evictions and Ellis Act evictions. Both are recognized “just causes” for eviction under local ordinances, but each operates differently and comes with unique timelines, protections, and risks of abuse. For tenants in San Francisco, Oakland, and Berkeley, knowing the rules is critical to protecting your rights and your home.

The Legal Backdrop: Just Cause, Rent Control, and Local Ordinances

California law allows cities to enact rent control and just-cause eviction protections. San Francisco, Oakland, and Berkeley all have rent ordinances that set out when and how landlords can terminate a tenancy. OMI and Ellis are two of the few “no-fault” grounds allowed. 

No-fault evictions mean the tenant hasn’t done anything wrong, but the landlord claims a legal reason to recover possession. These ordinances also layer local requirements and tenant protections on top of state law, making the process more complex.

Owner Move-In (OMI) Evictions: The Basics

An Owner Move-In (OMI) eviction allows a landlord or, in some cases, a qualifying relative, to recover possession of a rental unit in order to use it as their primary residence. It is a “no-fault” ground for eviction under the rent control ordinances in San Francisco, Oakland, and Berkeley, meaning the tenant is not accused of violating the lease or the law.

OMI evictions can only be used when the landlord meets strict eligibility rules and intends to move into the unit in good faith. The law is designed to strike a balance between a landlord’s right to occupy their own property and a tenant’s right to stable housing under local rent control protections.

The good-faith, non-pretext requirement is central to OMI law. The landlord must sincerely intend to live in the unit as their primary residence for the required occupancy period, not as a way to remove a rent-controlled tenant and re-rent the unit at market rates.

San Francisco

San Francisco’s Rent Ordinance permits OMI evictions for the owner or certain relatives (spouse, domestic partner, parent, child, sibling, grandparent, or grandchild) if the owner holds at least a 25% ownership interest.

• School-year and protected-status considerations: Tenants who are 60 or older, disabled, or catastrophically ill and have lived in the unit for at least 10 years, as well as households with children during the school year, may be protected from OMI.
• Comparable-unit offer duties: If the landlord owns another comparable vacant unit, they must offer it to the tenant before pursuing eviction.
• Post-OMI constraints: The owner or a relative must occupy the property for at least 36 months. If re-rented within five years, the rent is capped at the rate paid by the displaced tenant.

Oakland

Oakland’s Just Cause for Eviction Ordinance allows OMI if the landlord or qualifying relative (spouse, domestic partner, parent, child, or sibling) intends to occupy as a primary residence.

• Protected tenants: Seniors (60+), disabled tenants, and long-term tenants (five years or more) are often exempt from OMI eviction.
• Required notices and forms: Landlords must serve a proper OMI notice, file it with the Rent Adjustment Program, and submit a proof-of-occupancy form after moving in.
• Post-eviction limitations: Similar to San Francisco, there are occupancy requirements and restrictions on re-renting at higher rents.

Berkeley

Berkeley’s Rent Stabilization Ordinance allows OMI for owners or certain relatives (spouse, domestic partner, child, parent, or grandparent) when the owner holds at least a 50% ownership interest.

• Protected tenants: Seniors (62+), disabled tenants, and families with school-aged children during the school year have strong protections against OMI.
• Reporting obligations: Landlords must file notices with the Rent Stabilization Board and submit occupancy verification after move-in.
• Penalties for noncompliance: Failure to comply can result in significant fines and the tenant’s right to return.

All three cities require good faith, specific notice procedures, and post-eviction occupancy commitments. San Francisco has the broadest list of qualifying relatives and a comparable-unit requirement. Berkeley has stricter ownership percentage rules, and Oakland applies a shorter long-term tenant protection threshold than San Francisco or Berkeley.

The Ellis Act: The Basics

The Ellis Act is a California state law that allows landlords to permanently withdraw residential rental units from the rental market. Enacted in 1985, it was designed to ensure that property owners could exit the rental business entirely, even in cities with strict rent control and just-cause eviction laws. While it provides a legal pathway for landlords to remove tenants without alleging wrongdoing, it is one of the most disruptive eviction tools in the Bay Area.

Any landlord may invoke the Ellis Act, provided they remove all units from the rental market in accordance with the law’s requirements. In a multi-unit building, this typically means all rental units must be withdrawn at the same time. Partial withdrawals are rare and generally limited to circumstances where only the rental portion of a mixed-use property is being removed. Because the Ellis Act is intended to end rental use, the law imposes long-term restrictions on re-renting withdrawn units.

Ellis Act evictions differ from Owner Move-In (OMI) evictions in several ways:

• Reason for Removal: OMI allows a landlord or qualifying relative to take over a specific unit as a primary residence, while the Ellis Act is about removing units from the market entirely. 
• Scope: OMI is narrow in scope, affecting one or sometimes two units, and has a minimum three-year occupancy requirement for the owner. The Ellis Act is broader in scope and purpose, removing units from the rental supply and limiting any return to the market for years. 
• Purpose: While OMI evictions are tied to personal occupancy, Ellis evictions are tied to the owner’s decision to leave the rental business.

Ellis Act Procedures and Timelines

Ellis Act evictions follow a specific and highly regulated process. Landlords must serve a written Notice of Intent to Withdraw on all affected tenants and file the notice with the local rent board. The notice must clearly state the owner’s intent to permanently remove the units from the rental market.

Tenants are generally entitled to 120 days’ notice before they must vacate. However, protected tenants are entitled to a one-year notice period if they notify the landlord in writing within 60 days of receiving the eviction notice. These tenants include:

• People who are at least 62 years old
• People with disabilities
• People who have lived in the unit for at least one year

Landlords must also record the Notice of Intent to Withdraw with the county recorder’s office. This recorded notice becomes part of the property’s chain of title and triggers long-term restrictions: in most cases, units cannot be re-rented for 10 years, and if they are re-rented within five years, the rent is capped at the level of the displaced tenant.

Relocation assistance is required and is in addition to the notice periods. The exact amount varies by city and often includes increased payments for vulnerable tenants, such as seniors, disabled tenants, and families with children. Payments may be due in installments, but the first portion is typically due within 15 days of serving the notice.

San Francisco

San Francisco’s Rent Ordinance adds significant local requirements to the Ellis Act process. Landlords must file with the Rent Board, serve a detailed Notice of Intent to Withdraw, and pay relocation assistance, which is set annually by the city. San Francisco closely monitors withdrawn units to ensure compliance with return-to-market restrictions. 

If a landlord re-rents within 10 years, they may face severe penalties. Within five years, they must offer the unit to the displaced tenant at the prior rent level. The city also requires annual declarations confirming that the units remain withdrawn from the market.

Oakland

Oakland’s Just Cause for Eviction Ordinance incorporates Ellis Act provisions with local tenant protections. Landlords must file with the city’s Rent Adjustment Program and provide relocation payments that meet Oakland’s enhanced standards. 

Oakland also imposes strict timelines, documentation requirements, and verification of tenant eligibility. The city tracks withdrawn units and enforces re-rental restrictions to prevent early return to the market at higher rents.

Berkeley

Berkeley’s Rent Stabilization Ordinance similarly layers local controls over the Ellis Act. Landlords must register withdrawn units with the Rent Stabilization Board and file ongoing status reports. Berkeley enforces long-term rent caps for units re-rented within five years and prohibits re-renting at all for 10 years without offering the unit to the displaced tenant first. The city’s relocation payment requirements are adjusted annually and increase for households with protected tenants.

Across all three cities, the long-term constraints on re-letting withdrawn units are a central feature. These rules are designed to prevent the Ellis Act from being used as a short-term tactic to remove rent-controlled tenants and quickly re-rent at market rates.

Tenant Defenses and Strategies

Tenants have multiple legal and procedural tools to challenge OMI and Ellis Act evictions; however, success depends on acting quickly and thoroughly documenting everything.

• Challenging notice sufficiency and service: An eviction can be invalid if the notice is missing required information, served incorrectly, or fails to comply with local rules.
• Disputing owner or relative eligibility for OMI: In OMI cases, tenants can challenge whether the person moving in qualifies under the ordinance.
• Attacking “good faith”: Evidence of pretext, such as a history of attempted buyouts, plans to renovate and re-rent, or public listings, can undermine an OMI claim.
• Asserting protected status: Seniors, disabled tenants, and long-term tenants may be exempt from eviction or entitled to extended notice and enhanced relocation.
• Asserting Ellis noncompliance: In Ellis cases, tenants can challenge whether the landlord followed timelines, filed required documents, or complied with re-rental restrictions.
• Pursuing administrative remedies: Many disputes can be resolved or at least delayed through complaints to city rent boards or housing departments, which can investigate landlord compliance and enforce penalties.

An experienced tenant attorney can evaluate which defenses apply, develop evidence, and navigate both administrative and court processes to protect a tenant’s rights.

Remedies and Damages in Wrongful OMI/Ellis Cases

If an eviction is found to be unlawful, tenants may be entitled to significant remedies:

• Back rent differentials and moving costs: Compensation for the difference between your old rent and the higher rent at a new unit, plus moving expenses.
• Statutory damages, fees, and potential multipliers: Many local ordinances allow for treble damages (three times actual damages) plus attorney’s fees in bad-faith eviction cases.
• Injunctions and restoration in appropriate cases: Courts can sometimes order landlords to restore a tenant to their former unit, especially if the landlord failed to occupy as promised in an OMI case.
• City-specific penalties for bad-faith evictions: San Francisco, Oakland, and Berkeley impose their own civil penalties, which can add substantial financial liability for landlords.

How Wolford Wayne LLP Helps

At Wolford Wayne LLP, we provide:

• Early case assessment and strategy: Reviewing the eviction notice, your tenancy history, and local protections to determine the best course of action.
• Notice review and deadline tracking: Ensuring every procedural requirement is met and identifying defects that could stop the eviction.
• Evidence development and investigations: Gathering proof to challenge a landlord’s good faith, eligibility, or compliance with Ellis Act rules.
• Negotiation, administrative advocacy, and litigation: Representing tenants before rent boards, in settlement talks, and in court.
• Track record with wrongful eviction claims and settlements: Our team has secured significant recoveries and prevented displacement for tenants across San Francisco, Oakland, and Berkeley.

OMI and Ellis Act evictions are complex, high-stakes legal matters. Understanding your rights early and acting quickly can make the difference between losing your home unfairly and securing the protections the law provides. If you have received an OMI or Ellis eviction notice, contact Wolford Wayne LLP for an immediate consultation.