During the initial term of the lease, you may not terminate the tenant's lease for reasons not listed in HUD regulations. Examples of acceptable grounds include criminal activity, serious or repeated violation(s) of your lease, and/or harboring a fugitive or parole violator. After the initial lease term, there are "other good causes" in which a landlord can terminate a lease. Examples include rejecting a new lease or revision, destruction of property or poor housekeeping habits, and/or personal use of the unit by owner.
You MAY NOT terminate tenancy for nonpayment of the portion of rent to be paid by the Public Housing Agency (PHA). You can find a full list of acceptable grounds for lease termination in 24 CFR § 982.310.
You are required to provide proper notice to terminate a lease in accordance with local, state, and federal laws. NOTE: The City of San Diego and San Diego County have different laws and codes that address tenant rights. You must also provide the PHA a copy of the eviction notice.
If you own an HUD-subsidized unit, there are additional rules when it comes to termination of tenancy. You can find more information in 24 CFR § 247.
This section is not a comprehensive guide to evictions/unlawful detainers and notice requirements. You can find more information in the following guides:
If you have repair expenses for damage beyond normal wear and tear or lost rent payments that exceed the security deposit amount, you can apply for the Landlord Assurance Fund. The maximum reimbursement amount is $5,000. The fund is only available for leases effective after 8/1/2019. The application must be submitted within thirty (30) days of the tenant vacating the unit. See more information on Landlord Assurance Funds. See the online Landlord Assurance Fund application.
For specific programs, such as the Leave No Veteran Homeless Program, you can access funds to reimburse you for rent loss or damages in excess of the security deposit. See more information about the Landlord Assurance Fund. Available funds are contingent upon program participation and availability.
NOTE: LOCAL RULES MAY APPLY. Ensure you are providing proper notice in accordance with local ordinances.
In general, it is recommended to provide notice to your tenants at least 90 days before a foreclosure or sale. If you plan to sell your property or it goes into foreclosure, you must contact your PHA prior to the sale. Any contracts and leases terminate once the property is sold, but the PHA may transfer the housing voucher to the new owner.
You must notify your PHA via mail or fax with information regarding changes in ownership or property management and the affected voucher recipients. You will need to include a copy of the deed, closing escrow document, or new property management contract.
See more information about selling or foreclosing properties in HACSD's jurisdiction.