90-Day California Eviction Notices for Section 8

The California Supreme Court has ruled that landlords who participate in government-subsidized tenancies (most commonly, Section 8 tenancies) must give tenants a 90 Day Eviction Notice when terminating tenancies without cause. (Wasatch Property Management v. Degrate, 35 Cal.4th 1111 (2005).)

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California Civil Code section 1954.535 requires an owner to provide a 90 day notice to a tenant of a termination or failure to renew a government contract. This statue is applicable to Section 8 tenant-based contracts for units in rent control and non-rent control jurisdictions. During the 90 day period, the tenant’s portion of the rent cannot be increased.

When landlords wish to terminate a tenancy for cause (for example, because the tenant has not paid the rent, violated an important lease clause, or seriously damaged the property), they may use the quick 3-day Eviction Notice that advises the tenant to pay the rent (or cease the violation) or move out.

 


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