Section 8 month to month, new landlord (leases, evicted, credit score, inspection)

[frodosdojo]

Originally Posted by jeoff

My guess is that you need to work on getting another voucher, and see if you can work anything out with the current company. Maybe find a charity that could pay a portion of the rent for a month that section 8 would normally pay to get you more time? Had a tenant do this last month. If they gave you your 60 days, is there much else you can do? Sale-or-no sale?

The housing authority requires the landlord they have a contract with to provide notice in writing to me and them. And their 60 days is not the same as anyone else's 60 days. The letter was dated 3/1. So the HA would say 60 days is 5/31. If they had dated it 2/28, then 60 days would be 4/30.

Why would I have to pay the full rent myself ? I will try to call them again tomorrow. This new company has a 2 star rating on Yelp.

[Need4Camaro]

Originally Posted by frodosdojo

The housing authority requires the landlord they have a contract with to provide notice in writing to me and them. And their 60 days is not the same as anyone else's 60 days. The letter was dated 3/1. So the HA would say 60 days is 5/31. If they had dated it 2/28, then 60 days would be 4/30.

Why would I have to pay the full rent myself ? I will try to call them again tomorrow. This new company has a 2 star rating on Yelp.

Just wondering though, have you explained your situation to the new company at all? I know the HA should be stepping in and what not but maybe there could be a misunderstanding somewhere?

[jeoff]

Originally Posted by frodosdojo

The housing authority requires the landlord they have a contract with to provide notice in writing to me and them. And their 60 days is not the same as anyone else's 60 days. The letter was dated 3/1. So the HA would say 60 days is 5/31. If they had dated it 2/28, then 60 days would be 4/30.

Why would I have to pay the full rent myself ? I will try to call them again tomorrow. This new company has a 2 star rating on Yelp.

You would think about paying the full rent yourself, if that is best short-term option-especially if it is more doable with help from an outside charity. Moving to any new place without section8 will require deposits and starting new utilities which is often more expensive than staying put.

[frodosdojo]

Originally Posted by Need4Camaro

Just wondering though, have you explained your situation to the new company at all? I know the HA should be stepping in and what not but maybe there could be a misunderstanding somewhere?

I spoke to their contact person and it sounded like she was reading from a script. Even my old landlord used some of the same phrases which made no sense to me.

They want me to believe the new company is going through the process of being approved by Section 8 to rent to Section 8 people. The truth is, this company has a policy of never renting to Section 8 tenants.

I asked the lady if that is true, then why the 60 day notice ? She said they wanted to upgrade the property and raise the rent to match the neighborhood. I wanted to laugh. This neighborhood is ROUGH. They will have a tough time upgrading. I have lived here over 5 years and the 4 homes I have seen "upgraded" and flipped have sat for years unoccupied until the rehabber realized their mistake. The house across from me is in shambles and was broken into the week before last. County code enforcement likes to halt rehab projects in the area. Before that, it sat empty for 2 years. The other 2 sat empty for years and have had the ac and stoves stolen once they started working on them. We won't talk about the constant gunfire. This year alone, an officer was killed 3 blocks from me, and 4 blocks from me at Red Lobster, the police had a shoot out and then 2 blocks closer, they had another shoot out at the gas station.

But I digress. I was able to find case law and federal code that states that a landlord (new or old) must give a month to month tenant and the Housing Authority 90 days notice if the tenant has lived at the address for 2 years. So the new owner is required to give the Housing Authority 90 days notice, which seems fair to me. That will give the HA time to prepare a new voucher for me.

It states in the Georgia Landlord/Tenant book that another poster provided for me that federal law trumps state law.

The new owner must follow the Housing Assistance Payments (HAP) contract between the
former owner and the housing authority. The new owner will receive rent payments from the
housing authority and possible the tenant. At the end of the lease term, the new owner can
terminate the lease and the HAP contract by giving the tenant at least ninety (90) days notice
prior to the end of the lease and HAP contract. The new owner can terminate at any time if the
voucher tenant violates any terms of the lease or fails to pay rent.

We will see if the new owner follows through with notifying the HA as required.

[Need4Camaro]

Originally Posted by frodosdojo

I spoke to their contact person and it sounded like she was reading from a script. Even my old landlord used some of the same phrases which made no sense to me.

They want me to believe the new company is going through the process of being approved by Section 8 to rent to Section 8 people. The truth is, this company has a policy of never renting to Section 8 tenants.

I asked the lady if that is true, then why the 60 day notice ? She said they wanted to upgrade the property and raise the rent to match the neighborhood. I wanted to laugh. This neighborhood is ROUGH. They will have a tough time upgrading. I have lived here over 5 years and the 4 homes I have seen "upgraded" and flipped have sat for years unoccupied until the rehabber realized their mistake. The house across from me is in shambles and was broken into the week before last. County code enforcement likes to halt rehab projects in the area. Before that, it sat empty for 2 years. The other 2 sat empty for years and have had the ac and stoves stolen once they started working on them. We won't talk about the constant gunfire. This year alone, an officer was killed 3 blocks from me, and 4 blocks from me at Red Lobster, the police had a shoot out and then 2 blocks closer, they had another shoot out at the gas station.

But I digress. I was able to find case law and federal code that states that a landlord (new or old) must give a month to month tenant and the Housing Authority 90 days notice if the tenant has lived at the address for 2 years. So the new owner is required to give the Housing Authority 90 days notice, which seems fair to me. That will give the HA time to prepare a new voucher for me.

It states in the Georgia Landlord/Tenant book that another poster provided for me that federal law trumps state law.

The new owner must follow the Housing Assistance Payments (HAP) contract between the
former owner and the housing authority. The new owner will receive rent payments from the
housing authority and possible the tenant. At the end of the lease term, the new owner can
terminate the lease and the HAP contract by giving the tenant at least ninety (90) days notice
prior to the end of the lease and HAP contract. The new owner can terminate at any time if the
voucher tenant violates any terms of the lease or fails to pay rent.

We will see if the new owner follows through with notifying the HA as required.

Interesting.

Learn something new everyday.

Have you conveyed this to the new owner? At this point, sounds like you actually may need a lawyer.

[parentologist]

Speak with the housing authority. The way Sec 8 works, the LL had a yearly lease with the housing authority. That lease supercedes the LL's other lease. That lease remains in effect for its duration, even when the building is sold. The new owner will need to register with the housing authority in order to receive rent payments. If they don't take any action, the housing authority won't pay them, and the new owner could serve you for non-payment of rent. But when it gets to court, he will lose. Still, your name would appear on the eviction lawsuit. You could ask, and the judge would likely grant, that your name be removed from the court records. But you'll still eventually have to move.

Make sure that you pay your portion of the rent on time each month, in a manner that can be proven, say, by check with picture of the check, mailing envelope, or you depositing it into the rent mailbox at the complex, or best of all by handing it directly to the landlord's agent and getting a receipt for it.

If the new LL will not register for section 8, then you will eventually have to move, so start saving up for it right now, and start looking for a new place now.

[LLCNYC]

Originally Posted by frodosdojo

Why would I have to pay the full rent myself ?.

[LTCM]

Originally Posted by frodosdojo

But I digress. I was able to find case law and federal code that states that a landlord (new or old) must give a month to month tenant and the Housing Authority 90 days notice if the tenant has lived at the address for 2 years. So the new owner is required to give the Housing Authority 90 days notice, which seems fair to me. That will give the HA time to prepare a new voucher for me.

It states in the Georgia Landlord/Tenant book that another poster provided for me that federal law trumps state law.

The new owner must follow the Housing Assistance Payments (HAP) contract between the
former owner and the housing authority. The new owner will receive rent payments from the
housing authority and possible the tenant. At the end of the lease term, the new owner can
terminate the lease and the HAP contract by giving the tenant at least ninety (90) days notice
prior to the end of the lease and HAP contract. The new owner can terminate at any time if the
voucher tenant violates any terms of the lease or fails to pay rent.

We will see if the new owner follows through with notifying the HA as required.

Do you mind providing a link to that code or case law?

The Quote you have there, what exactly does it say to make you think they have to give 90 day notice to a month to month tenant?

[Spottednikes]

If you are on a mo to mo, then 60 days notice would meet ga law.

[oregonwoodsmoke]

Your lease has converted to a month to month. You have received proper notice to vacate, so you will have to go. (your handbook quote is about non-renewing a lease and that doesn't apply to you)


The owner of the building does not have to notify you before he sells the building or before he changes management companies. He does not have to notify the housing authority before he sells the building.


The new owner does have to make arrangements with tenants and the housing authority about where to send the monthly rent. But only of he wants to receive the rent. He isn't actually required to notify anyone except the tax collector.


Sorry that you don't want to move, but you don't own that building and you have been given your notice to vacate. Get busy and find another place to live. It might take you the full 60 days to find a new place that accepts Section 8.