Section 8 California - How much notice is required to vacate?

Question

I've been having a hard time finding a clear answer on this so maybe someone who knows Section 8 in California can help.  Let's say a Section 8 tenant has been living in a property for over a year (actually 3 years - they're past the initial 1 year lease period and no renewals have been made, so assuming it's now month-month).  If landlord want's to vacate the unit, how much notice is required - 60 days or 90 days?  Does it matter if it's for cause or without cause?  I'm getting conflicting information - it seems the 90-day rule applies to foreclosure situations and when there is a lease in effect but it's not clear if all other situations are 60-days.  Property in question is in Sacramento.

Kyle J. · Answer

It’s 90 days for Section 8. Here’s a link to the actual law and some more reading from the California Dept of Consumer Affairs on the topic:

California Civil code Section 1954.535

California Dept of Consumer Affairs - Moving Out: Giving and Receiving Proper Notice

Richard DeLaO · Answer

I also recommend sending a copy of the notice to Section 8 to ensure they are aware that you are terminating the agreement. Because you signed a contract with a government agency, make sure you get a return receipt of the delivery of the notice.

Phil Christian · Answer

90 days written notice is CA state law.  Check for local laws.  You can also call the local Section 8 representative.  There is typically a person that specifically handles Section 8 for a particular submarket.

Sergey Tkachev · Answer

Thank you so much for all the responses!  It sounds like it's definitely 90 days.

I did read the Dept of Consumer Affairs link earlier (@Kyle J. thanks for the link) and it sounded like if a notice to vacate is given "for cause" - eg, continual lease violations, landlord converting property to personal use, etc - the notice is 60 days.  It sounded like the cause could be anything, that's what didn't make sense.

David Avetisyan · Answer

A few things I will add:

•make sure the property's is not subject to rent control laws as you will need to follow specific and strict guidelines.

•confirm you will not need to pay a relocation fee.

To your success!

Joaquin K. · Answer

Correct. The requirement is 90 days.

Max Gradowitz · Answer

This may be location specific even within the state, but my understanding is that, without cause to evict (non-payment of rent, etc) 90 days notice is required for Section 8 tenants.  90 days sounds like a lot, but the plus side is that it gives the tenants plenty of time to leave peacefully instead of digging their heels in.  The more time they get, oftentimes the less likely they are to cause issues for the landlord.

Section 8 California - How much notice is required to vacate?

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