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Ending the Tenancy

How much notice is my tenant required to give me?
After the initial lease term, your tenant may give you notice according to your lease agreement, usually 30 days. Less notice may be given if you and your tenant mutually agree to it. Your tenant may only end the tenancy during the initial lease term by Mutual Agreement. Your tenant must also notify OHA of his or her intent to move.

Can my tenant and I agree to end the lease early?
You and the tenant can mutually agree to end the lease during the initial lease term or at any time during the tenancy by signing a Mutual Agreement Form. This form acknowledges that both of you agree to end the tenancy early. A copy of the form must be sent to OHA.

Can I give the tenant notice to move out?
The lease and contract can only be cancelled according to the terms of the agreements and local, state and federal laws.

Oakland's Just Cause Eviction Ordinance (also known as Measure EE) requires owners to have cause (such as non-payment of rent) to end a tenancy with most tenants, regardless of whether they receive Section 8 assistance.

You should consult with an attorney to determine if your units are covered by the Just Cause Ordinance, and if so, whether you have sufficient grounds for eviction. As the property owner, you are responsible for serving notices to your tenants; OHA cannot evict tenants or provide legal advice as to what notices may be required.

A copy of all legal notices must be mailed to your OHA Representative.


Final Payments
You are entitled to keep the entire last month's HAP payment even if your tenant moves out prior to the end of the month. The tenant's portion of the last month's rent should be prorated just as it would be for other tenants.

It is important that you to monitor the tenancy so you are aware of when the tenant moves out. Any payments received after the month in which the tenant moves out must be returned or repaid to OHA.

Helpful Resources
Landlord Associations & Professional Training
City of Oakland Rental Laws
State of California Rental Laws
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