We want to keep you informed about a significant development in California eviction law that impacts your eviction-related notices.
What’s Changed?
In California, recent court rulings have crystalized landlord’s requirements for evicting tenants that are protected by the Violence Against Women Act (VAWA).
VAWA provides certain protections for tenants who receive a federal subsidy (e.g., Section 8 vouchers held by tenants) or live at a property that receives a federal subsidy (e.g., a tax credit communities; communities with unit-based subsidies) who may have been the victims of domestic violence, dating violence, sexual assault, or stalking.
Key Changes:
- Disclosure Required for All Eviction Notices When Tenant Receives a Tenant-based Subsidy: All landlords must include VAWA’s Notice of Occupancy Rights (VAWA Notice) with eviction notices for tenants receiving a tenant-based subsidy (e.g., a Section 8 Voucher) or when the property receives some form of federal subsidy (e.g., tax credit communities or communities with unit-based subsidies), including notices to pay rent or quit.
- Yolo County Appeal: Recently, a case on appeal in Yolo County made a finding that this also applies to notices to pay rent or quit based on the broad and rigid language of the VAWA statute.
Why This Matters
Failing to comply with these new requirements could jeopardize your ability to successfully evict a tenant or result in other legal consequences.
What You Need to Do
- Update Your Notices: Make sure all your eviction notices (3-Day Notice to Pay Rent or Quit, Notice to Perform or Quit, Notice to Quit, 30-/60-/90-Day Notices, etc.) to tenants with tenant-based subsidies include the required VAWA Notice. We can provide you with the correct language to use.
- Review Rental Applications: For any property that receives a federal subsidy, consider adding the VAWA Notice to your rental applications to ensure tenants are aware of their rights from the beginning of their tenancy, as this is also required under the VAWA statute.
Mehigan Law is Here to Help
At Mehigan Law, we’re dedicated to guiding you through these changes. Please don’t hesitate to contact us if you have any questions or need assistance updating your forms and procedures.