All Forum Posts by: Larry Hucks

 Ok thanks for the advice, will do. Just on a side note, actually the landlord can get rid of the tenant if the landlord does not want to renew the lease with the tenant. According to california tenant law:

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

http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml#footnote210

by any chance would you know if a 90 day notice to vacate given from the seller would roll over to me after escrow ends?

So I am not sure if the tenant has gotten a new voucher for a larger house. Is it best to contact the case manager in this situation to see if they got the new voucher? The current landlord has already given her a 90 day notice to vacate too. Does that 90 day notice to vacate roll over to me or would I have to give her a new 90 day notice when I assume ownership?

Hi guys,

I am in escrow on a house with a house currently occupied by a section 8 tenant in Los angeles county (Lancaster, CA). The tenant is on a month to month lease, which I am thinking about continuing after closing escrow as month to month. The tenant has a 1 bedroom voucher but the house is a 4b/2b (she stated she would be getting a 3 to 4 bedroom voucher soon), and currently pays $1150/mo. I think I can raise the rent because the FMR for a 4b/2b is a lot higher than 1150. I think it can be 1250+, and I've seen on gosection8.com, some 4b/2b in that area for $1500. My question is that if she has a 1 bedroom voucher, the FMR for LA county say the rent is $1154 (https://www.huduser.gov/portal/datasets/fmr/fmrs/FY2016_code/2016summary.odn). Would my rental increase request be denied if the tenant just has a 1 bedroom voucher since the voucher wouldn't cover them for a higher rent? Is that how the housing authority determines if the rent can be increased? What should I do if I want to increase the rent?

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.

Originally posted by @Erik Bottema:

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?

Originally posted by @Shannon Wright:

Yes, Lancaster doesnt have rent control, so you judt evict like normal. City of LA has the regulations,. 

 By any chance do you know if the 90 day vacate notice from the current seller would roll over to me though?

@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?

@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.

Originally posted by @Shannon Wright:

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. 

http://www.dca.ca.gov/publications/landlordbook/mo...

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?

Originally posted by @Thelonious Jones:

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.