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When Evicting a Tenant Who is Getting Rental Assistance, Can I Serve Them with a 3-Day Notice?

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Joe Escalante, Attorney

Hello Joe,

When evicting a tenant who is getting rental assistance due to failure to pay rent, can I serve them with a 3-Day Notice? I received part of the rent from the rental assistance, but not the rest due from the tenant. (Month-to-month lease; they just moved in on May 2013.) Thank you!

– Carlos A., Jr.

 

Barely Legal Radio w/ Joe Escalante

You have to be very careful when evicting subsidized tenants. Typically federal laws provide more protection than state laws for tenants and you can get burned. These laws often provide for longer notice periods to terminate leases (like 60 days) and recently a California court held that you can only evict with “just cause.” This is serious because normally private property rights allow you to evict anyone with proper notice as long as you aren’t discriminating against a protected class (e.g. race, creed, gender).

However, non-payment of rent would be “just cause” in any court, but I would consult with an attorney in your area experienced with evicting subsidized tenants (or read the codes very carefully) because notice may be the big issue for you.

Start by looking at the HUD SITE:

http://portal.hud.gov/hudportal/HUD?src=/groups/landlords

Attorney Joe Escalante answers your legal questions for free on our Facebook page every Tuesday and Friday at 10 a.m. PT.

 

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Written by

November 7th, 2013 at 9:49 am

Posted in Free Joe

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