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Notice To Vacate Requirements

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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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