Section 8 month to month, new landlord

[FIREin2016]

Originally Posted by frodosdojo

I just got a letter in the mail from the new owner, giving me 90 days, which I feel is fair.

It sounds like they read the HUD lease, which overrides any State law.

[Lacerta]

Interesting. In my area, HUD only requires 60 days notice be given. That is actually one of the reasons we don't accept new Section 8 anymore, because we have to give them twice the notice we give everyone else for terminations, and 4 times the notice we have to give everyone else for rent increases. We didn't kick out our existing Section 8 tenants, just stopped taking new ones and are losing them over time to attrition. Down to just a few left now.

So regardless of what you may or may not think is fair, you should be aware that in addition to not having to pay your rent in full yourself, you are also getting special treatment not given to the general public.

[frodosdojo]

Originally Posted by Lacerta

Interesting. In my area, HUD only requires 60 days notice be given. That is actually one of the reasons we don't accept new Section 8 anymore, because we have to give them twice the notice we give everyone else for terminations, and 4 times the notice we have to give everyone else for rent increases. We didn't kick out our existing Section 8 tenants, just stopped taking new ones and are losing them over time to attrition. Down to just a few left now.

So regardless of what you may or may not think is fair, you should be aware that in addition to not having to pay your rent in full yourself, you are also getting special treatment not given to the general public.

It doesn’t sound like you understood my post at all. The 90 days only applies to recently sold properties and the new owner. So if you bought a new property and the tenant has Section 8, you must give them 90 days notice.

And HUD doesn’t have special rules for your area. HUD is the federal government. Their rules apply to every state.

I didn’t decide the 90 days was fair. The federal government did. The law actually ended in 2014 but apparently President Trump thought it was fair and he re-enacted it, permanently in 2018. You may think it’s special treatment but it’s actually the law he re-enacted.

[Lacerta]

Originally Posted by frodosdojo

It doesn’t sound like you understood my post at all. The 90 days only applies to recently sold properties and the new owner. So if you bought a new property and the tenant has Section 8, you must give them 90 days notice.

And HUD doesn’t have special rules for your area. HUD is the federal government. Their rules apply to every state.

I didn’t decide the 90 days was fair. The federal government did. The law actually ended in 2014 but apparently President Trump thought it was fair and he re-enacted it, permanently in 2018. You may think it’s special treatment but it’s actually the law he re-enacted.

I understood your post just fine. My point is that for all my other tenants, we only have to give 30 days notice to terminate and 15 days notice for a rent increase. Section 8 in my area requires 60 days for both. Thus you are being given special treatment that the general public doesn't get. I say "in my area" because I believe that HUD generally only requires 30 days notice for notice to vacate, but my local HUD organization requires 60. From my understanding local groups can have rules that give the tenant more protection, just not ones that take tenant's rights away.

I'm curious if you have a source for the 90 day rule, because from what you are describing on dates and reenactment, it sounds like the PTFA (Protecting Tenants at Foreclosure Act), which would have expired in 2014, but was made permanent last year. That only protects you if the house sold at foreclosure, not if it just sold in a regular sale. If it sold as a regular sale, then the PTFA doesn't apply, and normal HUD rules for terminating a lease would apply.

My point is that most people only get 30 days notice under these circumstances. You are complaining that 60 days isn't enough, but it is already twice what everyone else would have gotten.

My other point is that rules like this one are part of the reason that so many landlords don't take section 8 these days.