Section 8 month to month, new landlord (house, foreclosure, vacate, landlords)

[parentologist]

Wait a minute! In our area, NO Section 8 leases are "month to month". They are annual leases between the housing authority and the LL, and require an annual re-inspection before renewal. Since Sec 8 is a national program, I suspect that it's the same all over. Basically, your LL's lease is worthless - the lease that matters is the housing authority's lease. So go contact your housing authority - they will tell you what you need to do.

[carnivalday]

From what Ive read, Section 8 Leases can go month to month once the initial yearly lease is over.

[oregonwoodsmoke]

Section 8 requires a lease for the first year and then it can go to a month to month agreement after the first year is up.

[oldtrader]

OP---You are fighting a losing battle. As others have pointed out, you do not have to be pointed out, property you are renting can be sold without being given notice it was being sold, prior to being notified who is new management and where to pay the rent.

The old management company would collect first months rent, as they were the ones, authorized to receive by auto payment.

As you were on a month by month payment, the two month's notice was given as required by law.

If you do not move you will be evicted and thrown out as provided by law, which can cause you to lose your section 8, and even if you are able keep it, landlords will look at this and refuse to rent to you.

I am speaking as some one that was an investment property broker from 1972 until I retired, managed property, and was president for 3 years of a county wide Rental Owners And Managers Association. We had an annual all day conference, and had top real estate attorneys speak on subjects such as yours.

You have no choice, but to move by end of notice. The section 8 payment will stop on the lat month of your 2 month notice, due to that ends the owners contract with you. You cannot afford an attorney to fight this, and consequences of not moving can end up leaving you homeless.

I know this sounds unfeeling for your problems, but is exactly what you need to know and understand.

[FIREin2016]

FWIW. There may be a requirement to give 90 days notice. The HUD lease will over-rule any state law.

Your Section 8 advocate and free legal help would be able to help. Some places you cannot discriminate against Section 8, although you can use other factors which not many Section 8 tenants would pass, like credit score.

In the case of an owner who is an immediate successor in interest pursuant to foreclosure during the term of the lease, requiring the tenant to vacate the property prior to sale shall not constitute other good cause, except that the owner may terminate the tenancy effective on the date of transfer of the unit to the owner if the owner:

(a) will occupy the unit as a primary residence; and

(b) has provided the tenant a notice to vacate at least 90 days before the effective date of such notice.

This provision shall not affect any State or local law that provides for longer time periods or addition protections for tenants. This provision will sunset on December 31, 2012 unless extended by law.

https://www.hud.gov/sites/documents/DOC_11738.PDF

[parentologist]

Something else you should be aware of - if you don't use your voucher, you lose it. So if you're gonna sit in there and fight a new LL who doesn't want to work with Sec 8, you are running the risk of losing your voucher. So listen to what everyone is telling you, and go find a new place.

[LLCNYC]

Originally Posted by oldtrader

OP---You are fighting a losing battle. As others have pointed out, you do not have to be pointed out, property you are renting can be sold without being given notice it was being sold, prior to being notified who is new management and where to pay the rent.

The old management company would collect first months rent, as they were the ones, authorized to receive by auto payment.

As you were on a month by month payment, the two month's notice was given as required by law.

If you do not move you will be evicted and thrown out as provided by law, which can cause you to lose your section 8, and even if you are able keep it, landlords will look at this and refuse to rent to you.

I am speaking as some one that was an investment property broker from 1972 until I retired, managed property, and was president for 3 years of a county wide Rental Owners And Managers Association. We had an annual all day conference, and had top real estate attorneys speak on subjects such as yours.

You have no choice, but to move by end of notice. The section 8 payment will stop on the lat month of your 2 month notice, due to that ends the owners contract with you. You cannot afford an attorney to fight this, and consequences of not moving can end up leaving you homeless.

I know this sounds unfeeling for your problems, but is exactly what you need to know and understand.

This.

But.......I think this was a "one & done" thread so don't waste your time giving help.

[meo92953]

Contact your HA Worker. They will have a list of places where you can apply that are Section 8. You should keep them in the loop regardless. They are there to help you.

[frodosdojo]

Originally Posted by FIREin2016

FWIW. There may be a requirement to give 90 days notice. The HUD lease will over-rule any state law.

Your Section 8 advocate and free legal help would be able to help. Some places you cannot discriminate against Section 8, although you can use other factors which not many Section 8 tenants would pass, like credit score.

Yes, I agree with this and the current president renewed that law last year.

Originally Posted by meo92953

Contact your HA Worker. They will have a list of places where you can apply that are Section 8. You should keep them in the loop regardless. They are there to help you.

I did but she was less than helpful, as she is any other day of the week. This is a woman who believes the Violence Against Women Act only applies to head of households.

[frodosdojo]

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