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What are my rights to terminate a lease with a Section 8 tenant?

What are my rights to terminate a lease with a Section 8 tenant?

Q: Can a landlord evict you without going to court in NY?

In New York, a landlord cannot legally evict a tenant without going through the court system. A landlord must file a petition for eviction and obtain a court order. Self-help evictions, such as changing locks or shutting off utilities, are illegal. Tenants have the right to contest the eviction in court.

Full question:

My property is at a short sale and currently have a Section 8 tenant in the property. What are my legal rights as owner regarding termination of lease?

Category: Landlord Tenant
Subcategory: Lease Termination
Date: 04/07/2025
State: California

Answer:

If you do not have a written lease with your Section 8 tenant, they are generally considered a month-to-month tenant. In this case, you can terminate the tenancy by providing either 30 or 60 days' written notice, depending on how long the tenant has lived in the property.

You must give 60 days' notice if the tenant has lived there for one year or more. If the tenant has lived there for less than one year, you can give 30 days' notice. Additionally, if you have a contract to sell the property to someone who intends to occupy it for at least a year, you can also provide 30 days' notice, provided certain conditions are met.

In California, you can terminate the lease with just three days' notice if the tenant has failed to pay rent, violated the lease, caused significant damage, disturbed other tenants, or used the property unlawfully. If you give a three-day notice for non-payment, it must include the amount due and details on where to pay.

For any other lease violations, the notice may require the tenant to correct the issue or vacate the property. If the violation cannot be corrected, the tenant must simply leave the unit.

Relevant statutes include California Civil Code Sections 1946 and 1946.1, which outline the notice requirements for terminating month-to-month tenancies.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How much time does a landlord have to give a tenant to move out in NY?

In New York, the notice period a landlord must provide to a tenant depends on the type of lease. For a month-to-month lease, a landlord must give at least 30 days' written notice. For leases of one year or longer, the notice period is typically 60 days. However, if the tenant has violated the lease, the landlord may be able to terminate the lease with a shorter notice period, often as little as 10 days for certain violations. Always check local laws for specific requirements.

What is the minimum notice period for Section 8?

The minimum notice period for terminating a Section 8 tenancy can vary by state. Generally, if the tenant is on a month-to-month lease, landlords must provide 30 or 60 days' notice depending on how long the tenant has lived in the property. For non-payment of rent or lease violations, shorter notice periods may apply, such as 3 days in some states. Always consult local regulations for specific requirements.

What are violations of Section 8?

Violations of Section 8 can include failure to pay rent, unauthorized occupants, damage to the property, or illegal activities on the premises. If a tenant violates the terms of their lease or the Section 8 agreement, the landlord may have grounds to terminate the lease or initiate eviction proceedings. It's important to follow proper legal procedures when addressing these violations.

What happens if you break a lease with Section 8?

If a tenant breaks a lease under the Section 8 program, they may face eviction proceedings initiated by the landlord. Additionally, breaking the lease could affect the tenant's eligibility for future housing assistance. It's essential for tenants to communicate with their landlord and the local housing authority to understand the implications and explore possible solutions.