[CA] How do I evict a nonpaying Section 8 tenant after lease expiration and comply with notice requirements?

Lexi, Chatbot

I understand how challenging it can be to deal with a non-paying tenant, especially when the lease has expired. Have you already communicated with the tenant about their payment status?

Lexi, Chatbot

Are you currently seeking to evict the tenant or explore other options regarding their tenancy?

Lexi, Chatbot

Is there anything else the landlord-tenant lawyer should know before I connect you? Rest assured they’ll be able to help with your eviction process.

Charlie

Hello, my name is Charlie, and I am a licensed attorney. I apologize that you are experiencing these issues, but I will be happy to assist you with your questions today.

DISCLAIMER: This conversation is for general informational/educational purposes only; no attorney-client relationship is formed; we are unable to offer representation/legal advice of any kind; always speak to a local attorney for case-specific legal advice; and I am not holding myself out to be certified or an expert in any particular area of law. Please allow me a moment to review your question, and I will be right with you.

I know legal matters can feel overwhelming, but you’re in good hands. I’ll do my best to make things clear and provide you with the information that you need. Let’s work together to find the right information for your situation.

Which state do you live in?

Charlie

When did the lease expire?

Charlie

When did the tenant last pay rent?

Charlie

Have you given the tenant a notice to pay or vacate?

Charlie

How long has the tenant lived there in total?

Charlie

Is this the first time that the tenant has not paid?

Charlie

Got it. Let me provide some information to help.

Charlie

Got it — here’s a clear general overview of the eviction process for a non-paying Section 8 tenant in California, especially when the lease has expired and the tenant has been “ported” (moved) to another housing authority.

(This is general information, not legal advice.)

1.Notice Requirements: Because the tenant is on a Section 8 (Housing Choice Voucher), you must notify both:

• The tenant, and
• The local housing authority (in your case, likely the Long Beach Housing Authority).

Even though the tenant’s voucher has been ported to Las Vegas, the California Housing Authority remains involved until the move is finalized and your contract is terminated.

Notice Type

Since the tenant is not paying rent and the lease term ended August 31, 2025, you typically issue a 30-day or 60-day notice to vacate, depending on the circumstances:

• 30-day notice – if the tenant has lived there less than 1 year.
• 60-day notice – if the tenant has lived there 1 year or longer. → In your case (16 years), you’ll need a 60-day notice.

Because there’s also nonpayment, some landlords issue both:

• A 3-day “Notice to Pay or Quit” (for unpaid rent) (CA Civ Pro Code § 1161(2)), and
• A 60-day “Notice to Terminate Tenancy.”

That approach preserves both grounds for eviction.

2. Include the Housing Authority: Under HUD and California law, landlords must send copies of all notices (e.g., the 3-day or 60-day notice) to the Housing Authority that administers the voucher. Failing to do this can delay or invalidate an eviction.

Send the notice by certified mail, return-receipt requested or another trackable method to the Long Beach Housing Authority’s Section 8 office.

3. Next Steps After Notice

If the tenant:

• Fails to pay or
• Fails to vacate after the notice period ends,

you can file an unlawful detainer action (eviction lawsuit) in Los Angeles County Superior Court (or the local court for your property’s address).

Charlie

You are welcome.

Is there anything else I can help you with today?

Charlie

Only the eviction is served through a process server.

Charlie

You are welcome.

You too.