Degrate

O'ROURKE, J.

Syriah Degrate, a "Section 8" [1] tenant, appeals a judgment in an unlawful detainer action in favor of Wasatch Property Management (Wasatch). [2] Degrate contends 1) the 90-day notice provision of Civil Code section 1954.535 [3] applies to non-rent control tenancies and 2) the lessor was required to provide notice of good cause in order to terminate the lease. We agree and reverse the judgment of the trial court.

On May 26, 2000, Degrate entered into a six-month lease with Creekside Villa Holdings (Owner) that was to terminate on October 31, 2000, but would thereafter be renewed month to month. The lease provides in part: "[DJuring the term of the lease (the initial term of the lease or any extension term), the owner may only terminate the tenancy [for specified grounds]."

On June 1, 2000, the Owner also entered into a Housing Assistance Payments (HAP) contract with the San Diego Housing Commission. Provision 4(b)(1) of the HAP contract provides: "The HAP contract terminates automatically if the lease is terminated by the owner or the tenant."

On January 31, 2001, Wasatch served notice to Degrate that her tenancy would terminate on March 2, 2001, pursuant to 42…