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  1. #1
    jinl11 is offline Junior Member
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    Section 8 tenant break the lease

    What is the name of your state (only U.S. law)? NV

    I am first time landlord. I rented my house to section 8 people. The lady signed 1 year lease. After 5 month stay, she gave us 30 days notice, she want to move out at the end of this Month. In the lease, it was very clearly write if she break the lease, she has to forfeit her security deposit plus the balance until the end of lease. We called her, she said she understood that, but she has to leave due to personal reason and she doesn't have much money (she means she can not offered to pay).

    What I need to do at this moment? It will be hard for me to find tenant at this time. Should government responsible for this lease? What happens if I don't sign the release letter which she said government require us to sign before she move out?

    Appreciate your help.
  2. #2
    DeenaCA is offline Member
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    The housing authority will not transfer the tenant to another subsidized unit during the term of your lease, unless you agree to release her. That's why she wants you to sign the release letter. If she is telling you that the "government requires" you to sign it, that's wrong. Don't sign the release letter but do contact the housing authority about this issue.

    The tenant's choices will boil down to remaining in your unit, moving out and giving up her subsidy, or coming to an agreement with you that motivates you to release her from your lease.

    The HUD regulation on this is at 24 Code of Federal Regulations 982.314. you can view the applicable CFR sections at [url=http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24tab_02.tpl]Electronic Code of Federal Regulations:[/url].
  3. #3
    jinl11 is offline Junior Member
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    Thank you so much for your help.

    One more question: Is government responsible to pay some penalty for breaking the lease since government is responsible to pay the rent?

    If I don't sign the release letter and she makes some damage to my house since she is upset, does government responsible to pay for fixing?

    Thanks a lot.
  4. #4
    DeenaCA is offline Member
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    Under the terms of your contract with the housing authority ("HAP contract"), the housing authority is not responsible for unpaid rent or damages to the unit. Excerpt from the contract:
    If the security deposit is not sufficient to cover amounts the tenant owes under the lease, the owner may collect the balance from the tenant.
    The landlord is responsible for screening and for collecting the deposit.
    The owner is responsible for screening the family’s behavior or suitability for tenancy. The PHA is not responsible for such screening. The PHA has no liability or responsibility to the owner or other persons for the family’s behavior or the family’s conduct in tenancy.
    You can review the HAP contract at [url]http://www.hud.gov/offices/adm/hudclips/forms/files/52641.pdf[/url].
  5. #5
    ecmst12 is offline Senior Member
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    A section 8 tenant was a bad choice for your first experience in landlording...
  6. #6
    FarmerJ is offline Senior Member
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    You have a couple of choices , you can decide to let the tenant out of the lease via a signed agreement that terminates the lease the day she delivers to you a empty apt , so you can more quickly find a new customer OR refuse to sign it knowing that she is going to move any way and having to follow your states laws to re take control of the unit after she has left and increase the risk of higher dollar amount in vacancy loss, If you agree to let her out of the lease at least your able to begin to show the unit and try to get a new tenant lined up to reduce your loss. PS dont sign a lease with a new tenant until the unit is vacant , it can be another kind of headache to promise a unit to someone in a new lease and not be able to deliver when a tenant is refusing to get out on time.
  7. #7
    Baranov is offline Member
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    Count your blessings if you got the house back in good shape. Do some research on being a landlord and then start renting again. You should be doing rental history, background, and credit checks on ALL applicants. That includes suction 8. Do not rely on Suction 8 to do it for you. They are backlogged and every anxious to place people in homes. Most landlords know to steer away from suction 8.
  8. #8
    MAT555 is offline Junior Member
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    Quote Originally Posted by jinl11 View Post
    What is the name of your state (only U.S. law)? NV

    I am first time landlord. I rented my house to section 8 people. The lady signed 1 year lease. After 5 month stay, she gave us 30 days notice, she want to move out at the end of this Month. In the lease, it was very clearly write if she break the lease, she has to forfeit her security deposit plus the balance until the end of lease. We called her, she said she understood that, but she has to leave due to personal reason and she doesn't have much money (she means she can not offered to pay).

    What I need to do at this moment? It will be hard for me to find tenant at this time. Should government responsible for this lease? What happens if I don't sign the release letter which she said government require us to sign before she move out?

    Appreciate your help.
    The release letter is to allow them to terminate their payment contract with you, and allow her to move on. I think your choices are; release her, and she moves on, or let her stay, she won't be able to pay her rent, rental assistance will not pay more than it's paying now and you'll have to evict her to get her out. More money and aggravation on your part.

    On the other hand, rental assistance has hoards of people lined up waiting for units / homes to rent. If one leaves, they will have another one ready to take her place in 30 days. There are more advantages (for the landlord) to renting to Section 8 people than disadvantages. I'm not saying it's a perfect system, but it works and there are many legitimately needy, yet decent and respectful people and families who use section 8 to survive; I know, I am one of them.

    However, after renting the same home from the same landlord for NINETEEN years, he's trying to screw me out of thousands of dollars for a utility bill he never switched into my name and had verbally agreed to pay for all these years. Now suddenly because I want to move, he's claiming I owe him this money and is telling rental assistance he won't release me until I pay it!
    People can get screwed on both sides of this fence....

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