When is a 90-day notice required in California?

Two main situations: (1) Section 8 voucher tenancies, where federal HUD rules and California Civil Code §1954.535 require 90 days; (2) rent increases where the cumulative increase over the trailing 12 months exceeds 10% — 90 days under Civil Code §827. AB 1482 caps the increase at 10% in normal cases, so 90-day-rent-increase territory only arises when AB 1482 does not apply or has been exceeded.

Does Section 8 require 90 days for termination?

For HCV tenants, yes — Civil Code §1954.535 requires 90 days for most no-fault terminations of Section 8 tenancies. The HAP contract has its own termination rules layered on top.

What about cumulative rent increases?

Civil Code §827 requires 90 days' notice if the cumulative rent increase over the prior 12 months exceeds 10%. On AB 1482-covered units the increase is capped at 10%, so the 90-day rule only applies when AB 1482 does not apply (exempt units) or the increase is unlawful. Pre-AB-1482 leases with grandfathered higher increases also can trigger the 90-day rule.

What must a 90-day notice include?

Same required elements as 30/60-day notices: tenant name, property, effective date at least 90 days out, termination or rent-increase statement, applicable just cause if AB 1482 covers, date, signature. Section 8 notices also require the HAP-contract-required information.

Can I serve a 60-day notice on a Section 8 tenant?

Generally no. §1954.535 requires 90 days for Section 8 no-fault terminations. Serving 60 days is a defective notice; the tenant has no obligation to vacate and a new 90-day notice has to start over.

California 90-Day Notice to Vacate — Section 8 Tenancies and Cumulative-Increase Rule

TL;DR

90 days applies to Section 8 no-fault terminations under §1954.535 and to rent increases over 10% cumulative in the trailing 12 months under §827. AB 1482 caps the cumulative at 10%, so 90-day-increase territory only arises on AB 1482-exempt units.

Section 8 — §1954.535

For Section 8 Housing Choice Voucher tenancies, California Civil Code §1954.535 requires 90 days' written notice for most no-fault terminations. The HAP contract layers its own termination procedures on top — coordinate both. Serving 60 days on a Section 8 tenant is a defective notice.

Cumulative rent increases — §827

Civil Code §827 sets a 90-day notice requirement when the cumulative rent increase across the trailing 12 months exceeds 10%. On AB 1482-covered units the cumulative cap is 10%, so §827's 90-day rule does not bite. It applies on:

AB 1482-exempt units (SFR with §1946.2(e) notice, post-2011 construction, etc.)
Pre-AB-1482 leases where prior increases stacked above 10%
Local-ordinance-only situations

Common questions — 90-day notice

When is 90 days required?

Section 8 no-fault terminations (§1954.535) and rent increases over 10% cumulative (§827).

Section 8 requires 90 days?

Yes, for most no-fault terminations under §1954.535.

Cumulative increase rule?

§827: 90 days if trailing 12-month increase exceeds 10%. AB 1482 caps at 10%, so this only matters on exempt units.

Required elements?

Same as 30/60-day plus HAP-specific info for Section 8.

Can I serve 60 days on a Section 8 tenant?

Generally no. Defective notice; restart with 90 days.

The 90-day notice. Section 8 tenancies and the cumulative-increase rule.