6. Ending the Tenancy

Tenant and Owner form a “Mutual Agreement” The tenant and owner may form a written Mutual Agreement to end the tenancy at any time. A copy of the agreement must be given to OHA.

Tenant Gives 30-Day Notice After the initial lease term, the tenant must give the owner and OHA at least 30 days written notice of their intent to move. Less notice may be given if the tenant and the owner mutually agree to it. The tenant may only end the tenancy during the initial lease term by Mutual Agreement with the owner.

Owner Gives Notice
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 are a Section 8 tenant or a non-Section 8 tenant. Owners should consult with an attorney to determine if their units are covered by the Just Cause ordinance, and if so, whether the owner has sufficient grounds for eviction. Property owners are responsible for evicting tenants; OHA cannot evict tenants or provide legal advice as to what notices may be required.

Owners must send their OHA Representative a copy of any notice given to their Section 8 tenant.

Final Payments The property owner is entitled to keep the entire last month’s HAP payment even if the 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 for the owner to monitor the tenancy and be aware of when the tenant vacates the unit. Any payments received after the month in which the tenant moves out must be returned or repaid to OHA.