[CA] When can I terminate a lease with a Section 8 tenant?
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Here’s the deal:
If your Section 8 tenant in California is on a month-to-month lease and you’re terminating without cause (like selling the property), then you must provide at least 90 days' written notice.
Under California Civil Code § 1946.1, the termination date does not need to be the 1st of the month unless the lease specifically says so. So if you serve notice today (May 12), the tenant’s move-out date can be August 10.
Yes, you can list and market the property during that time.
Be sure to deliver the notice properly — personal delivery, certified mail, or whatever your lease specifies — and inform the housing authority, too (California Civil Code § 1946).
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I have a Section 8 tenant in California that’s on a month-to-month lease. When processing the termination, does it have to be the first of the following month? Or can it be any day?
I understand. When is rent due each month?
Rent is due on the 1st of the month.
Are there any specific issues or breaches of the lease leading to the termination?
No, I’m selling the property.
Got it. Is there anything else the lawyer should know?
No further information.
Hello! I'm an attorney specializing in this area. Have you already provided the tenant with written notice of the lease termination?
I haven’t yet. That’s something I’d like to do today, but I’m wondering — can I terminate the lease on any day, or does it have to be the 1st of the month?
Thanks! Just a few more questions — what’s your timeline for the sale and the tenant’s move-out?
Hoping to sell sooner rather than later. From what I understand, Section 8 requires 90 days' notice, but I can still list the property during that time.
Understood! You’re just looking for direction, right?
Correct. If I give 90 days' notice today, the last day would be August 10. But if it has to be the 1st, it would be September 1. I just want to avoid any issues during the sale or eviction.
Thanks for clarifying. Any other facts to consider?
Nope, just a general question.
Here’s the deal:
If your Section 8 tenant in California is on a month-to-month lease and you’re terminating without cause (like selling the property), then you must provide at least 90 days' written notice.
Under California Civil Code § 1946.1, the termination date does not need to be the 1st of the month unless the lease specifically says so. So if you serve notice today (May 12), the tenant’s move-out date can be August 10.
Yes, you can list and market the property during that time.
Be sure to deliver the notice properly — personal delivery, certified mail, or whatever your lease specifies — and inform the housing authority, too (California Civil Code § 1946).
That was way more detailed than I expected. Thank you — that answers everything I needed to know.
Glad to hear that! Did I fully answer your question? Anything else I can help with?
Yes, everything was answered completely. Have a great rest of your day.
You bet. I’m sorry you’re in this situation, but thank you for trusting AskaLawyer.
