I'm a landlord with a section 8 tenant in Los Angeles, CA. i'm in the process of selling the property and the buyer's contingency is to have the units vacant. can i give my tenant a 30 days notice? what is she doesnt leave?
Answer
You need to review your Housing Subsidy agreement with the Housing Authority concerning your HUD Section 8/Housing Choice Voucher tenant. If the tenant is in the first year of the tenancy, the lease agreement is for 12 months. If the tenancy has existed for more than 12 months, you may only terminate the tenancy on 90 days written notice per California state law. You also need to have good cause for the termination of the rental agreement. I would recommend negotiating an exception for the HCV tenant; relocating the tenant, if possible to another similar property that you own; or paying for the tenant's relocation. This will need to be carefully negotiated as a direct payment to the tenant may have impacts on the tenant's income sources if he or she receives certain types of disability benefits or income sources. Also HCV voucher holders are only allowed 60 days (with an additional 30 days, if needed) to find new suitable housing ( as in housing that is in compliance with HUD) standards.
You need to proceed carefully to avoid legal issues involving the Housing Authority and the tenant. You are to be commended however for seeking legal advice before taking any action.
You should consult with a real estate attorney who has experience with subsidized housing tenancy agreements.
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