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My Tenant and I entered into a lease agreement Jan 2017 for 1 year that states she would be responsible for paying all utilities. The HUD contract mistakenly says owner will pay. Prior to entering into the lease it was submitted to HUD and approved. Now, the lease has expired and is now month to month. I gave tenant notice of termination of month to month for failing to pay rent on time. She threatened to report to HUD that she has been paying utilities. I referred her to the lease and reported the issue to HUD. Is the lease or the contact controlling?
Grab your HUD Contact Manual and read Chapter 6, that covers leases and contracts. Basically, you can sue the tenant for violating the lease (not paying utilities) and HUD can sue you for violating their contract (you cover utilities). Outcome is state and housing authority specific as different courts have interpreted who can and can't sue whom.
That is one of the problems with S8 and similar programs. My guess is HUD wins. Especially if you have been collecting money from HUD and not paying the utilities based on the payment standards.
Grab your HUD Contact Manual and read Chapter 6, that covers leases and contracts. Basically, you can sue the tenant for violating the lease (not paying utilities) and HUD can sue you for violating their contract (you cover utilities). Outcome is state and housing authority specific as different courts have interpreted who can and can't sue whom.
OP might have a case for Plausible deniability here with the mitigating factor that HUD approved the lease.
Approximately $2,900. But, the contract and lease expired the last day of December 2017. The paperwork packet I filled out from HUD, I clearly stated the tenant would be reasonable for paying the utilities.
Approximately $2,900. But, the contract and lease expired the last day of December 2017. The paperwork packet I filled out from HUD, I clearly stated the tenant would be reasonable for paying the utilities.
It was the packet. Not certain how the contract supersedes the application when I am not the author of it. I filled out the packet the tenant brought to me.I completed I was phoned by section 8 to schedule the inspection. I was told to lower the rent amount because I was not paying the utilities. I agreed. The lease and contract are supposed to match, but that didn’t happen. The ball was dropped and not by me. I went over each line of the lease with the tenant.
It was the packet. Not certain how the contract supersedes the application when I am not the author of it. I filled out the packet the tenant brought to me.I completed I was phoned by section 8 to schedule the inspection. I was told to lower the rent amount because I was not paying the utilities. I agreed. The lease and contract are supposed to match, but that didn’t happen. The ball was dropped and not by me. I went over each line of the lease with the tenant.
Do you have documentation that you were told by HUD to lower the rent because the tenant was responsible for paying the utilities? If so, then that is admission right there from HUD and should be proof enough that HUD knew it and agreed to it.
And, once the lease expires and it goes MTM then all terms from the original lease/contract, except the dates, remain the same unless either a new lease/contract is drawn up and signed or an addendum of some sort with new terms is agreed upon and signed by all parties.
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