Wholesaler · Redondo Beach, CA · Member since 2016 · 35 posts · 2 votes
Hello,
Does a 90 vacate notice given to a current section 8 tenant (living month to month) due to the sale of the home roll over to the new landlord when the sale is completed, if the current tenant is still occupying the property after the sale is completed? This is not a forclosure sale. I am the new owner currently in escrow, and I will not be renewing a lease with the section 8 tenant as I have no desire to be a section 8 landlord. The state is California.
Ex. if the tenant was given the 90 day vacate notice 30 days prior to the open of escrow, and escrow took 30 days to close, does the current tenant have only 30 days to vacate the home?
Flipper/Rehabber · Friendly Hills, CA · Member since 2015 · 43 posts · 20 votes
10y
Section 8 has a special contract with the HAP agreement that requires a 90 day notice. I would recommend seeking legal advice from an attorney.....However, based on my experience with Section 8......since you are buying the property and assuming the lease, the current 90 day notice is valid and you should not have to start over at COE.
Atlanta, GA · Member since 2015 · 157 posts · 83 votes
10y
This is a great question. To my knowledge you can release a section 8 tenant from a lease or month-to-month lease at any time as long as you give them proper notice. I have done this before and section they told me it's your tenant do what you need to do.
Of course I recommend checking with the Housing Authority or an attorney but what you're trying to accomplish sounds perfectly legal legit and moral for all parties.
Wishing you the best of luck hope this helps
Atlanta, GA · Member since 2015 · 157 posts · 83 votes
10y
Sorry I didn't answer your question completely. But in regards to the 30 and 90 day question. I would check with the attorney that closed the deal or speak with Attorney that's the Familiar with landlord tenant law. We all know California is a little hard nose with their tenant laws I don't want to give you advice that may not be correct.
Escrow Officer · Temecula, Ca. · Member since 2016 · 418 posts · 152 votes
10y
Is this a City of LA property, by chance? Depending on the property location, you may need to involve escrow for a Tenant Relocation Escrow. I can help with that, if so. :)
Otherwise, I believe you just have to abide by the standard landlord/tenant laws based on how long they have lived in the property.
Special rules may apply in cities with rent control. For example, in some communities with rent control ordinances, a periodic tenancy cannot be ended by the landlord without a good faith "just cause" or "good cause" reason to evict. In these communities, the landlord must state the reason for the termination, and the reason may be reviewed by local housing authorities.
207 However, incidents of domestic violence may not be used as a violation by the victim or threatened victim as good cause for the landlord to terminate the tenancy, occupancy rights or assistance of the victim.208
The landlord must give the tenant a three-day or 30-day or 60-day notice of termination under California law (see "Written Notices of Terminations"), and both the landlord and the tenant must give the public housing agency a copy of the notice.209 What if the landlord simply decides not to renew the lease, or decides to terminate the HAP (housing assistance payment) contract? In this case, the landlord must give the tenant 90 days' advance written notice of the termination date.210 If the tenant doesn't move out by the end of the 90 days, the landlord must follow California law to evict the tenant.211
If you live in government-assisted housing or in an area with rent control, check with your local housing officials to see if any special rules apply in your situation.
Sorry I didn't answer your question completely. But in regards to the 30 and 90 day question. I would check with the attorney that closed the deal or speak with Attorney that's the Familiar with landlord tenant law. We all know California is a little hard nose with their tenant laws I don't want to give you advice that may not be correct.
This is directly from the tenant law book in california:
The landlord must give the tenant a three-day or 30-day or 60-day notice of termination under California law (see "Written Notices of Terminations"), and both the landlord and the tenant must give the public housing agency a copy of the notice.209 What if the landlord simply decides not to renew the lease, or decides to terminate the HAP (housing assistance payment) contract? In this case, the landlord must give the tenant 90 days' advance written notice of the termination date.210 If the tenant doesn't move out by the end of the 90 days, the landlord must follow California law to evict the tenant.211
But nothing states what happens if the 90 vacate notice was given BEFORE the close of escrow, and if the 90 day vacate notice rolls over to me. Because what I am trying to figure out, is since the tenant already has a 90 vacate notice, shouldn't it roll over to me since it has already been issued to the tenant? Or do I have to give a brand new 90 day notice when we close escrow? I spoke with section 8 representatives who told me that it does roll over directly to me and I don't have to give a new 90 day vacate notice, but I want to know what you guys think or if anyone knows what the true law says.
Is this a City of LA property, by chance? Depending on the property location, you may need to involve escrow for a Tenant Relocation Escrow. I can help with that, if so. :)
Otherwise, I believe you just have to abide by the standard landlord/tenant laws based on how long they have lived in the property.
Special rules may apply in cities with rent control. For example, in some communities with rent control ordinances, a periodic tenancy cannot be ended by the landlord without a good faith "just cause" or "good cause" reason to evict. In these communities, the landlord must state the reason for the termination, and the reason may be reviewed by local housing authorities.
207 However, incidents of domestic violence may not be used as a violation by the victim or threatened victim as good cause for the landlord to terminate the tenancy, occupancy rights or assistance of the victim.208
The landlord must give the tenant a three-day or 30-day or 60-day notice of termination under California law (see "Written Notices of Terminations"), and both the landlord and the tenant must give the public housing agency a copy of the notice.209 What if the landlord simply decides not to renew the lease, or decides to terminate the HAP (housing assistance payment) contract? In this case, the landlord must give the tenant 90 days' advance written notice of the termination date.210 If the tenant doesn't move out by the end of the 90 days, the landlord must follow California law to evict the tenant.211
If you live in government-assisted housing or in an area with rent control, check with your local housing officials to see if any special rules apply in your situation.
Yes, this is in the county of Los Angeles (lancaster, ca). From my understanding, since the seller has already given the 90 day vacate notice, all I am supposed to do is wait for the tenant to move out. What is the tenant relocation escrow used for?
Wholesaler · Redondo Beach, CA · Member since 2016 · 35 posts · 2 votes
10y
@Shannon Wright because I am not evicting her immediately, I don't think the tenant relocation escrow applies here since she is getting the 90 day vacate notice.
Wholesaler · Redondo Beach, CA · Member since 2016 · 35 posts · 2 votes
10y
@shannon
@Shannon Wright I just spoke to los angeles housing department who said Lancaster does not have rent control, so the tenant relocation escrow would not fall under this situation correct?
Escrow Officer · Temecula, Ca. · Member since 2016 · 418 posts · 152 votes
10y
Soo, from my experience only, the NTV from the existing owner has to be assumable by you in order for you to be able to enforce it.
Think about this: If the case gets to court because they don't leave and you have to file a UD: The "owner" or representative has to be the serving party and if you take them to court, you were not the owner/rep at the time of notice, and the seller will no longer be the owner/rep at the time of court. So, the tenant could get off on a technicality...I have won 7 UDs under this premise alone.
I am not sure of the "assumability" of the NTV but I would serve my own as the new owner once escrow closes, personally, or require the seller cooperate with you post-closing to finalize the eviction somehow.
Flipper/Rehabber · Friendly Hills, CA · Member since 2015 · 43 posts · 20 votes
10y
Section 8 has a special contract with the HAP agreement that requires a 90 day notice. I would recommend seeking legal advice from an attorney.....However, based on my experience with Section 8......since you are buying the property and assuming the lease, the current 90 day notice is valid and you should not have to start over at COE.
Section 8 has a special contract with the HAP agreement that requires a 90 day notice. I would recommend seeking legal advice from an attorney.....However, based on my experience with Section 8......since you are buying the property and assuming the lease, the current 90 day notice is valid and you should not have to start over at COE.
Glad you had some info, it is not my area of expertise! :)
Section 8 has a special contract with the HAP agreement that requires a 90 day notice. I would recommend seeking legal advice from an attorney.....However, based on my experience with Section 8......since you are buying the property and assuming the lease, the current 90 day notice is valid and you should not have to start over at COE.
Hi Erik,
Can you tell me about some of your experiences? I am taking the lease, and it is month to month. I'm just not sure if I am supposed to be giving the 90 day notice or if it rolls over. How can I confirm this? I requested a copy of the 90 day notice from the seller, would this suffice? The seller has already told the case manager as well, should I get in contact with the case manageR?
Flipper/Rehabber · Friendly Hills, CA · Member since 2015 · 43 posts · 20 votes
10y
Id contact the case manager to confirm. You would need the 90 day notice in case of a UD action. /when you buy you get the lease and anything along with it, the notice is valid...
Professional · Palmdale, CA · Member since 2015 · 31 posts · 5 votes
10y
@Larry Hucks it sounds like you are pretty worried about this tenant actually leaving after you take control of the property. Even though i believe that @Erik Bottema is right and that the notice will remain in effect, it would be best if you could convince the seller to extend escrow until the tenant has vacated. You might have to kick in a little as an incentive but it may be worth it to get a vacant property that you don't have to deal with an eviction on.
Wholesaler · Redondo Beach, CA · Member since 2016 · 35 posts · 2 votes
10y
Not so much that I'm worried about the tenant, more that I just want to know what my rights are as the landlord in this situation. I do have the lease from the seller and have requested the 90 day vacate notice but I am still waiting on it.