Most owners and agents are unaware of the California Civil Code Section
1954.535, which states:
- "Where an owner terminates or fails to renew a contract or recorded
agreement with a governmental agency that provides for rent limitations to a
qualified tenant, the tenant or tenants who were the beneficiaries of the
contract or recorded agreement shall be given at least 90 days' written
notice of the effective date of the termination and shall not be obligated
to pay more than the tenant's portion of the rent, as calculated under the
contract or recorded agreement to be terminated, for 90 days following
receipt of the notice of termination of non-renewal of the contract."
What does this law mean to you?
If, after the first year of your contract with SHRA's Housing Choice Voucher
Program you do not wish to continue your contract, you must give your tenant a
90-day notice of your intention not to renew your contract with the agency.
In addition, during this 90-day period you cannot request or require that
your tenant pays more than the tenant's portion of rent, as calculated by the
Housing Authority (SHRA) for 90 days following the tenant's receipt of the
90-day notice of termination of the contact.
This law does NOT prevent you from serving notice to your tenant during the
first year and thereafter for serious or repeated violations of the terms and
conditions of the lease; violations of Federal, State, or Local law that impose
obligations of the tenant in connection with the occupancy or use of the rental
unit; and criminal activity. The 90-day requirement does not apply in this case.
DID YOU KNOW?
The Tenancy Addendum you sign states that at the beginning of a court action
you must give the tenant a notice that specifies the grounds for termination of
tenancy and must provide a copy of this notice to the Housing Authority (SHRA).
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