Q: Does the Ellis Act restrict me from renting out a room in my primary residence?
I am buying a unit in a tenancy-in-common that was converted from a rental property under the Ellis Act. I will live in the home and it will be my primary residence. I would like to get a roommate to share living expenses and would charge them rent for my spare bedroom. I know that the Ellis Act has restrictions on renting the full unit out, but do these restrictions apply to renting out a single room and sharing the rest of the living space with the unit owner?
A:
The Ellis Act provides landlords with the right to exit the rental market by removing all units from rental use. This legislation primarily addresses situations where landlords wish to stop leasing their properties altogether and not when a homeowner wants to rent out part of their primary residence.
If you are living in the unit as your primary residence and plan to rent out a spare bedroom while continuing to occupy the rest of the space, the restrictions under the Ellis Act typically would not apply to your situation. The act is more focused on landlords who intend to remove rental units from the market entirely, rather than individual homeowners sharing their space.
However, local ordinances and specific conditions of the conversion under the Ellis Act could influence your ability to rent out a room. It is advisable to review the terms of the conversion and any local housing regulations to ensure compliance. Consulting with a legal expert or local housing authority can provide clarity specific to your situation.
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