Tenant Issues and Terminations


Owner FAQs:  General Questions    Contracting and Rent    Finance and Ownership    Tenant Issues and Terminations
The Los Angeles County Development Authority (LACDA) requires Section 8 tenants to abide by a set of family obligations in order to receive program assistance. If you notify us that a Section 8 tenant is acting or failing to act in accordance with these obligations, we can take measures that range from tenant counseling to proposing termination of their assistance. It is your responsibility to enforce the lease, and to adopt any necessary lease enforcement measures. If you have any questions or require assistance with a specific tenant, you may contact your tenant's case manager.

Not Complying with a Lease Agreement

If a Section 8 tenant is not complying with the lease, including not paying rent, you should take the same action as you would with an unassisted tenant. The only difference is that you must notify the LACDA of any actions taken. 

Give the tenant a written notice of the lease violation(s) and a deadline for compliance, and send us a copy. If the tenant fails to comply, you may proceed with eviction according to State and local law.
The family obligations require Section 8 families to report all changes in household composition to the LACDA.  A family has 30 days to report additions resulting from the birth, adoption, or court-awarded custody of a child.  All other household additions must have prior approval from both the LACDA and the owner.

We will not approve a new family member until we verify their eligibility, and receive your written approval.  A person not listed on the family composition, who has been in the unit more than 30 calendar days (or more than 60 days in a 12-month period), is considered an unauthorized household member, in violation of the program rules.  Please report any unauthorized household members to the Fraud Unit.
If a tenant abandons the unit, the owner is obligated to notify us.  You can keep the payment for the rest of the month that the tenant left.  The LACDA will stop paying the first of the month following the date the tenant actually abandoned the unit.  If necessary, an over payment will be collected for housing assistance payments sent after the end of the month in which the assisted unit was abandoned.
You may serve the tenant with a three-day notice to pay delinquent rent or quit, and pursue legal action in accordance with State and local law, if they fail to pay the rent.  For more information on serving a three-day notice, you may refer to the California Tenant Guidebook on the Department of Consumer Affairs website.  Remember to send us a copy of any action taken.
Program fraud or criminal activity, such as unauthorized person(s) living in the unit, unreported family income or assets, and criminal or drug activity at the unit, are violations of program rules, and they damage the integrity of our program.  If you suspect crime/fraud, please contact our Fraud Unit.

You can report crime or fraud by sending an e-mail to fraudhotline@lacda.org, or by calling our toll free Crime/Fraud Tip Line at (877) 881-7233.  If you prefer, you may send a letter anonymously to:

Los Angeles County Development Authority
Attention: Fraud Unit
P.O. Box 1503
Alhambra, CA 91802

When you report crime or fraud, please provide as much information as possible about the suspect (name, address, social security number) and the activity.  We will investigate all reports and suspicions of crime or fraud.

The toll-free Crime/Fraud Tip Line is confidential, and you can remain anonymous.  Even if you provide your name, we will never disclose it to the tenant.  Also, due to confidentiality, we cannot update an informant or provide outcomes of any investigations.

Please call 911 for emergencies or crimes in progress, and contact the local law enforcement agency of any illegal activity.
If a tenant is not in violation of the lease, and you wish to terminate the contract (for reasons including business or economic purposes, or if you want to move into the unit), you are required to serve the tenant with a 90-day notice and provide a copy of the notice to the LACDA.  California Civil Code Section 1954.535 requires owners to give subsidized tenants a lengthier notice to vacate than unassisted tenants, to reflect the difficulty low-income families face in locating housing.

Owners cannot terminate a Section 8 contract for non-lease violations during the first year of Section 8 tenancy.  For guidance on lease violations, please refer to the California Tenant Handbook.
You may pursue legal action against the tenant in Small Claims Court
Section 8 tenants may be evicted for serious or repeated violations of the lease and/or violations of Federal, State, or local law that impose tenant obligations regarding use of the unit.

The LACDA is not a party to the lease and is therefore, not involved in the eviction process.  If you are evicting a Section 8 family, you should follow the same measures as if you were evicting a non-Section 8 tenant.  The only difference is that you must notify us of all legal action.

Legal action against the tenant must be in accordance with State and local law.  For more information, please refer to the California Tenants Booklet on the Department of Consumer Affairs website.
Owner Notices 

If you have notified the LACDA and the tenant that you are terminating the contract, but then either change your mind entirely, or decide to delay the termination, you must notify the LACDA in writing.  If you are delaying the termination, you must include the new date you are terminating the contract.  

Tenant Notices

Section 8 owners are not obligated to continue or extend a contract or tenancy if a Section 8 tenant gives a vacate notice then changes their mind and requests to stay.