Process Server Institute
If wrong notice (3 day insted of required 14 day for sec. 8 tenants) Is served at the beginning of eviction process Is forced entry to serve u.d. leagle judge found in favor of defendants because of incorrect notice at the beginning of process.
I don’t serve many section 8 notices, so I had to research this.
When a section 8 tenant rents a housing unit from the Public Housing Authority (PHA) and fails to pay his or her portion of the rent, the tenant must be served with a 14 day notice to pay rent or quit. The PHA that owns and manages housing is responsible for following federal regulation that sets the standards for how public housing evictions are to be handled.
See 24 C.F.R. Part 966.4(l)(3)(A) —Public Housing Lease and Grievance Procedure http://law.justia.com/cfr/title24/24-184.108.40.206.16.html#24:220.127.116.11.18.104.22.168
When the tenant rents a unit from a private landlord whose rent is subsidized with section 8 funds and breaches the lease by failing to pay their portion of the rent, the landlord may commence an unlawful detainer action under the laws of the state. In California, that is initiated with a 3 day notice to pay rent or quit. The landlord is also required to notify the housing authority, and refund any subsidized funds they receive.
24 CFR 982.310(a) – Owner termination of tenancy https://www.law.cornell.edu/cfr/text/24/982.310
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