Legal Question in Real Estate Law in California

Tenant rights

Is there a new federal law that states that if an owner is selling her property that she must give the tenant a 90-day notice.


Asked on 9/02/01, 11:49 am

2 Answers from Attorneys

Keith E. Cooper Keith E. Cooper, Esq.

Re: Tenant rights

You may be referring to HUD Section 8 housing. If you are a landlord with tenants under Section 8, and you decide to no longer participate in the Section 8 program, you must give your tenants advance notice. The length of notice is specified in your HUD lease, and could very well be 90 days.

This does not apply to an eviction of a single tenant for cause (as specified in the HUD regulations). In that case, the amount of notice would be less.

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Answered on 10/12/01, 3:55 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Tenant rights

Not that I know of. I do not presume to know all the federal laws and regulations, but landlord-tenant matters are not generally within the scope of federal legislation and are left to the states. Exceptions could exist for housing within federal jurisdiction such as military bases and Indian reservations, or where federal interests are affected such as HUD properties.

So, the answer is, I doubt it, but it's possible especially if federal interests touch or affect the particular property.

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Answered on 10/01/01, 2:55 am


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