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forth numerous such statutes, the court concluded, “the extensive scheduling provided by
the Legislature reveals that the timing of landlord-tenant transactions is a matter of
statewide concern not amenable to local variations. The [o]rdinance directly conflicts
with the legislative scheme.” (Id. at pp. 1297–1298, italics added.)
Channing concluded that an ordinance requiring landlords intending to withdraw
their units from the rental market to provide six months’ notice to tenants was preempted
by the Ellis Act (Govt. Code, § 7060 et seq.). (Channing, supra, 11 Cal.App.4th at
pp. 92, 97.) The court noted the Ellis Act “preempts local action with regard to
substantive controls over landlords who wish to withdraw all accommodations from the
residential rental housing market while specifying areas in which local governments may
regulate in a manner consistent with the [Ellis] Act.” (Channing, at p. 94.)5 Moreover,
while the Ellis Act’s only provision about providing notice to tenants is to permit
municipalities to require 60 days’ notice to public entities and notification to tenants that
the public entity had been notified, “[b]y carefully spelling out certain types of notice
which public entities may require, the [Ellis] Act clearly indicates that only these types
are authorized and other, additional notice requirements are not permissible.” (Channing,
at p. 96.) The court also referenced Tri County’s conclusion that “ ‘the extensive
scheduling provided by the Legislature reveals that the timing of landlord-tenant
transactions is a matter of statewide concern not amenable to local variations.’ [Citation.]
Without reference to the [Ellis] Act, the notice due a tenant from a landlord wishing to
terminate the tenancy is specified in Civil Code section 1946 as at least as long as the
term of the tenancy, not exceeding 30 days, or at least 30 days for a month to month
tenancy; notice requirements in the case of an unlawful detainer are prescribed by Code
of Civil Procedure section 1161. The [Ellis] Act establishes a special circumstance in
which local governments may impose a longer notice requirement than would otherwise
be permissible—the 60 days specified in [Govt. Code] section 7060.4—but does not