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Breaking Lease early

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elizabethrae

Junior Member
What is the name of your state? Ohio

I am renting a home through section 8. Through no fault of my own, Section 8 is failing the house's inspection, and they are giving me my certificate back to go find another home. I have only lived in this home for 7 months, and the original lease was for 1 year. They failed inspection because the owner failed (or refused) to make the needed repairs. I plan on cleaning and painting, therefore leaving it in the same condition that I first rented it in, and of course taking pictures of everything. When I spoke to the landlord about this, she told me that she would not be refunding my security deposit because I didnt stay for the entire lease term, and she will be at least 1 month without a tenant. I researched the LL/T laws, but Im sure there is a special circumstance here, because the Housing Authority is making me move due to her negligence. What do I do here? Thanks ;)
 


JETX

Senior Member
south said:
You signed for a year you are obligated for a year, the landlord could not care less where the rent comes from as long as it is paid.

Negligence? What negligence

Section 8 cannot break a lease, and they are not making you move, you are following their checks.
Sorry, but not true. When a landlord agrees to allow section 8 (assisted) housing, they do so on the condition that the property will meet the HQS (Housing Quality Standards). If it susquently fails the HQS, the landlord is obligated to bring it back into standard the subsidized portion of the rent is waived... and the tenants only obligation remains his/her original amount.

"If items that failed inspection are not repaired in the required time, KCHA may begin withholding housing assistance payments. The tenant cannot be held responsible for the Housing Authority's portion of the rent. When the repairs have been made and the unit passes the final HQS inspection, the Housing Authority will resume housing assistance payments, prorated from the date of the inspection.
http://www.kcha.org/landlords/section8.aspx#hqs
 

south

Senior Member
Like I said what negligence?

The OP does not also state if they were in the home prior to section 8 approval, nor does the OP state the landlord originaly accepted section 8 prior to move in or if section 8 was applied for after they moved in and the landlord was told to meet section 8 guidlines.

This could be a landlord that rented his unit then afterwards was asked to bring unit up to section 8 standards because tenant is applying for a voucher.

It sounds like tenant moved in then applied for section 8 afterwards otherwise why would section 8 do a 2nd inspection within 7 months?

Why is the landlord refusing to do a repair, it sounds like there is more to this than the op is posting


JETX said:
Sorry, but not true. When a landlord agrees to allow section 8 (assisted) housing, they do so on the condition that the property will meet the HQS (Housing Quality Standards). If it susquently fails the HQS, the landlord is obligated to bring it back into standard the subsidized portion of the rent is waived... and the tenants only obligation remains his/her original amount.

"If items that failed inspection are not repaired in the required time, KCHA may begin withholding housing assistance payments. The tenant cannot be held responsible for the Housing Authority's portion of the rent. When the repairs have been made and the unit passes the final HQS inspection, the Housing Authority will resume housing assistance payments, prorated from the date of the inspection.
http://www.kcha.org/landlords/section8.aspx#hqs
 
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JETX

Senior Member
south said:
Like I said what negligence?
Presumably, negligence in refusing to comply with the HQS.

The OP does not also state if they were in the home prior to section 8 approval, nor does the OP state the landlord originaly accepted section 8 prior to move in or if section 8 was applied for after they moved in and the landlord was told to meet section 8 guidlines.
Agreed. That is because it would be EXTREMELY unusual for a current lease to convert 'in mid stream', to a Section 8 housing. And there is NOTHING in the thread to even suggest that is the case.

This could be a landlord that rented his unit then afterwards was asked to bring unit up to section 8 standards because tenant is applying for a voucher.
If you had any experience with Section 8 housing, you would know that is simply not practical.... or realistic.
Over the years, I have had several persons ask if I would be interested in renting some of my property under section 8. And though I have never done it, I have done some fairly extensive research. It doesn't happen as you 'assume'.

It sounds like tenant moved in then applied for section 8 afterwards
Not to me it doesn't.

otherwise why would section 8 do a 2nd inspection within 7 months?[/quote[
Far more likely that the tenant complained about sub-standard conditions and HUD sent out an inspector and found the violations.

Why is the landlord refusing to do a repair, it sounds like there is more to this than the op is posting
Possibly.... or just as likely this is a cheap-ass landlord. There are a LOT of them out there.... especially when considering rent subsidized Section 8.
 

zippysgoddess

Senior Member
http://www.hud.gov/offices/pih/programs/hcv/index.cfm

I don't know about the security deposit, but I do know that HUD can break a lease, the landlord is considered in breach of the contract if they do not make the necessary repairs.

If you are telling the whole story, then you are out of the lease. You can call your local HUD office for assistance and advice and refer to the website I posted above for more information.
 

south

Senior Member
I have been asked before during the term of a tenancy to accept section 8.

Agreed the tenant probably complained about something to section 8 more than likely to find a worm hole to get out of the lease.

You mentioned JETX 'cheap ass because of subsidized rent etc' at first I thought the landlord was stuck in rent control but I doubt any landlord in rent control would allow their unit to have been rented only 7 months ago for next to nothing, landlords stuck with low rents in rent control normaly have long term tenants from years ago hence the small rents.

The only true way to know what is going on with the OP is to know the true facts first... The landlord is not stating to the tenant to go away in fact they state if you go you owe, it sounds like the OP is trying to get out of the lease, no landlord in his right mind turns down a rent check becaue of a repair they are really obligated to fix or as the OP states 'did not fix or refused' (which is it or is this a guess as to what happened?)...

I waffled a bit but something does not add up in the story

So OP what is the real story?


JETX said:
Presumably, negligence in refusing to comply with the HQS.


Agreed. That is because it would be EXTREMELY unusual for a current lease to convert 'in mid stream', to a Section 8 housing. And there is NOTHING in the thread to even suggest that is the case.


If you had any experience with Section 8 housing, you would know that is simply not practical.... or realistic.
Over the years, I have had several persons ask if I would be interested in renting some of my property under section 8. And though I have never done it, I have done some fairly extensive research. It doesn't happen as you 'assume'.


Not to me it doesn't.

otherwise why would section 8 do a 2nd inspection within 7 months?[/quote[
Far more likely that the tenant complained about sub-standard conditions and HUD sent out an inspector and found the violations.


Possibly.... or just as likely this is a cheap-ass landlord. There are a LOT of them out there.... especially when considering rent subsidized Section 8.
 
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JETX

Senior Member
south said:
You mentioned JETX 'cheap ass because of subsidized rent etc' at first I thought the landlord was stuck in rent control but I doubt any landlord in rent control would allow their unit to have been rented only 7 months ago for next to nothing, landlords stuck with low rents in rent control normaly have long term tenants from years ago hence the small rents.
What are you on??? Clearly, you have some other agenda here, as you seem to continually assume things. For example, who said ANYTHING about how much the rent amount is.... much less that the rent is "next to nothing"!!
Section 8 has nothing to do with rent control or low rents. It is simply a 'rent' subsidy.... often added to the tenants lower rent to make the total rent the local 'value'.

The only true way to know what is going on with the OP is to know the true facts first... The landlord is not stating to the tenant to go away in fact they state if you go you owe, it sounds like the OP is trying to get out of the lease, no landlord in his right mind turns down a rent check becaue of a repair they are really obligated to fix or as the OP states 'did not fix or refused' (which is it or is this a guess as to what happened?)...
And of course, there is NOTHING in this thread to support that 'opinion'.... other than your own personal assumptions of facts not provided. It is just as likely that the tenant wants out solely due to the landlords refusal to comply with the HQS. Any assumptions as to which, if either, party is solely at fault is reckless.

I waffled a bit but something does not add up in the story
Sorry, but I see no 'waffling' in your version of this post at all. In fact, it appears to be that your mind is made up.... no matter what the facts may end up showing.
 

south

Senior Member
You jump to fast JETX: I can hardly have made my mind up when I ask the poster to post the full story with all the facts first.

The reason I went of on a tangent was because the posts went of in all directions.

Lets see the facts before we find the landlord to blame, it just seems strange a landlord on one hand tells a tenant they will be charged if they leave but on the other hand does not want to make a repair to his own property to ensure continuation of a check from Section 8.

Something is missing here as your quote goes 'either learn or leave' hence asking for the full version from the OP


JETX said:
Sorry, but I see no 'waffling' in your version of this post at all. In fact, it appears to be that your mind is made up.... no matter what the facts may end up showing.
 
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JETX

Senior Member
south said:
You jump to fast JETX: I can hardly have made my mind up when I ask the poster to post the full story with all the facts first.
Personally, I think the facts of your post stand on their own...

The reason I went of on a tangent was because the posts went of in all directions.
HUH???
The post was pretty clear... at least to me. The OP asked a fairly simple question... "What do I do here?". Nothing in your posts provided any answer. In fact, your answer 'You signed for a year you are obligated for a year, the landlord could not care less where the rent comes from as long as it is paid."
is NOT correct.... and that is what prompted my response.

Rather than admit that you were wrong.... as 'proven' by my posts and zippys, you chose to try to argue an imaginary 'landlord is right, tenant is wrong' position.

Lets see the facts before we find the landlord to blame
Why do you have to find ANYONE to blame?? The OP isn't.

it just seems strange a landlord on one hand tells a tenant they will be charged if they leave but on the other hand does not want to make a repair to his own property to ensure continuation of a check from Section 8.
Not at all. In fact, most landlords have NO idea what the laws are... or even what the requirements/obligations are of section 8 housing. Very likely (if I were jumping to conclusions), that the landlord is thinking that he/she has the 'upper hand' on the tenants obligations.... as is the case in regular leases.

Something is missing here (and no its not one of my cells before you say it)
Curious.... what EXACTLY is missing in your providing an answer to "What do I do here?"??
 

south

Senior Member
What was the landlord exactly negligent of?
What exactly is he refusing to fix or repair?
What has happened to house in last 7 months?
Tenant states they are leaving in the same condition they rented it in, so what is wrong with it now?
Did the tenant cause the dis-repair?
Has something been damaged by tenant?

The fact is the tenant wants out early on a 1 year contract, the tenant has not stated any of the above, so you do not know at this point what caused dis-repair or what is in dis-repair, or who is to blame.

What ever is wrong with property will have to be fixed eventualy anyway so what happened there?





JETX said:
Curious.... what EXACTLY is missing in your providing an answer to "What do I do here?"??
 

BelizeBreeze

Senior Member
south said:
What was the landlord exactly negligent of?
What exactly is he refusing to fix or repair?
What has happened to house in last 7 months?
Tenant states they are leaving in the same condition they rented it in, so what is wrong with it now?
Did the tenant cause the dis-repair?
Has something been damaged by tenant?

The fact is the tenant wants out early on a 1 year contract, the tenant has not stated any of the above, so you do not know at this point what caused dis-repair or what is in dis-repair, or who is to blame.
I suggest you either go back to law school and concentrate on Federal Housing program administration or read your states Section 8 L/T laws.
 

south

Senior Member
Nice BelizeBreeze sailing in on the coat tail....

That still did not put all the facts on the table...

With JETX I agree and see his point on some statements;

Yes if the landlord refuses to follow section 8 as agreed there is a problem, but no one but the OP knows the answers to the questions, put the facts on the table is all I am saying not the smoke screen, I see the OP does not answer any of the questions.

What needed repair that is the landlords fault that would cause the landlord to be willing to lose the opportunity to collect rent by refusing or not fixing it?



BelizeBreeze said:
I suggest you either go back to law school and concentrate on Federal Housing program administration or read your states Section 8 L/T laws.
 
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JETX

Senior Member
south said:
What was the landlord exactly negligent of?
Though not relevant to the issue, the obvious answer is in refusing to comply with the HQS of HUD. Simply, the OP is not using 'negligence' correctly as the landlord is purposely refusing to comply.

What exactly is he refusing to fix or repair?
Not relevant to the issue. See above.

What has happened to house in last 7 months?
Not relevant to the issue. Not relevant as the ONLY issue is the HUD decertification of the property due to the landlords refusal to comply.

Tenant states they are leaving in the same condition they rented it in, so what is wrong with it now?
Not relevant to the issue. See above. As for the 'leaving in same condition', that is clearly a desire of the tenant in trying to NOT screw the landlord by walking on the property.... and trying to get her deposit back.

Did the tenant cause the dis-repair?
No. HUD would not decertify if that was the case.

Has something been damaged by tenant?
Not relevant to the issue. See above.

The fact is the tenant wants out early on a 1 year contract, the tenant has not stated any of the above, so you do not know at this point what caused dis-repair or what is in dis-repair, or who is to blame.
Not accurate. The only thing we KNOW is that the "failed inspection because the owner failed (or refused) to make the needed repairs." and "they are giving me my certificate back to go find another home."
Bottom line (unless you know something else)... is that HUD has 'decertified' the property and is no longer going to pay their share. The landlord is trying to demand the full rent (and lease obligation) from the Section 8 tenant. That is NOT allowed by the landlords agreement with HUD.

What ever is wrong with property will have to be fixed eventualy anyway so what happened there?
Not relevant to the issue.
 

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