Below are questions asked by rental property owners regarding California property management, followed by answers provided by the law firm of Simone and Blevins.
Q: I own a single-family home in Pacific Beach and I recently accepted a tenant with a Section 8 housing voucher. This tenant has a lease until December 2024. I do not want to continue renting to this tenant because the neighbors are complaining that the tenant throws loud parties late at night. Can I tell the tenant to move out when the lease expires?
A: No, according to Civil Code 1954.535 a landlord that “terminates or fails to renew a contract or recorded agreement with a governmental agency that provides for rent limitation to a qualified tenant… shall be given at least 90 days written notice.” Additionally, section 8 contracts require cause to terminate. You should always review your Section 8 contract carefully to ensure that you have a valid cause for termination, which can be found in the Tenancy Addendum of your Section 8 contract. You must clearly state the cause for termination in your notice so that the tenant is aware of the reason for termination.
Please note, local rent control or state rent control may further limit your ability to terminate the tenancy and you should consult with an attorney prior to serving the termination notice. When you are ready to serve the notice, remember to serve it with a VAWA Addendum and serve both the tenant and their Section 8 caseworker with the notice on the same day.
Q: My Section 8 tenant is offering to pay me more rent than is stated in their rent portion letter because they do not want me to terminate their tenancy. Can I accept more rent than what Section 8 has approved?
A: No, you cannot implement a rent increase without receiving approval from Section 8. If your tenant is on a month to month agreement, then you may increase the rent. However, you must give proper notice before the rent increase is effective. The proper way to increase a Section 8 tenant’s rent is to serve the tenant with a notice to increase the rent and submit the notice to Section 8 for approval. Additionally, it is important to read your Section 8 contract and contact your tenant’s Section 8 representative to make sure you are complying with Section 8’s rental increase process.
Q: One of my tenants that is on Section 8 recently started a new job. Shortly after the new job began, I received a letter from their Section 8 representative stating that the household no longer meets the income requirements and that their assistance is being terminated at the end of this month. Since the remaining tenants are no longer receiving Section 8 assistance does that mean they must vacate?
A: No, if the tenant’s Section 8 was canceled, then the tenant is responsible for the full amount of rent. You may serve a 3-day notice to pay rent or quit to the tenant for the full amount of rent if they fail to pay it. If the tenant pays their rent and you want to determine your options to terminate the tenancy you should consult an attorney.
Q: My neighbor has a for rent sign in her front yard of her property. The sign says that she does not rent to Section 8 tenants. Can I refuse to rent to Section 8 tenants?
A: No, you cannot refuse to rent to Section 8 tenants. In the state of California you cannot refuse to rent to a prospective tenant or terminate a tenancy based on the tenant’s source of income, including rental assistance from programs like Section 8. A landlord is required to consider all Section 8 payments or any other assistance program payments as part of the prospective tenant’s annual income. Also, it is illegal to advertise that you do not take Section 8 tenants. Landlords can still screen applicants according to lawful screening practices.
The law firm of Simone & Blevins has been doing evictions for over 28 years. The office is open Monday – Friday from 9:00 AM to 5:00 PM. Tel: 619-235-6180,
website: www.landlordslegalcenter.com or email info@simonelawfirm.com.