Section 8 month to month, new landlord (lease, tenant, rental, deposit)

[frodosdojo]

Hello, I'm a section 8 tenant who has been month to month for a year at a property and had a 12 month lease before that at this same property. I paid my rent for this month and received an email that my online account for rental payments had been canceled. I emailed the management company and they told me the property had been sold and the new management company would be contacting me soon. They would forward my rent to the new company.

I got a letter from the new company, asking to contact them. I also got a letter from the old company stating what the previous management company said in the email and also assuring me my tenancy would not change. Two days later, I received another letter from the new company giving me 60 days notice ! Meanwhile, I have heard nothing from the Housing Authority.

I checked online and don't see anywhere that the house I'm renting was ever for sale recently. The owner under the county property tax website is still the old management company. Something doesn't seem right. I would think the HA would have to be notified if a property sells or is going to be sold. The new company does not have to accept Section 8 but would they not have to go by the HA's rules as far as giving notice ? I can't afford to move now or even in 60 days. It seems strange that if the house was sold, that the old management company would collect rent for a property they no longer manage and who has seemingly not been approved by the HA. Can they do that ?

What should I do next ? I called the new and old companies and am awaiting return calls. Should I go see my HA counselor ? I need more time than the end of April to get a new voucher, find a place and move. Getting a new voucher could take a month or more.

[DreamerD]

Umm...if no one here replies, have you tried using...I think it's called Avvo?

[frodosdojo]

Originally Posted by DreamerD

Umm...if no one here replies, have you tried using...I think it's called Avvo?

I did search avvo but the responses I saw were from dui lawyers weighing in with alternative facts. Nothing specific to Georgia. I guess I could post my question there but the helpfulness of the answers is usually hit or miss in my experience.

[Need4Camaro]

Georgia Tenant Handbook

See Page 24.

The problem I see is that, you're technically not really in a lease. The new owner of the property is not obliged to uphold your residency if there is no lease. Your lease renews every month, and they are technically upholding the binding lease for this month. Have you contacted the new company? It really sounds like they are trying to get you to sign a lease. Given you were not in a lease when they took over the property, they are not violating any laws. They are actually giving you a fair grace period because they really were only obligated to give you 30 days.

And trust me, dont go to a lawyer over this. You will waste more time and alot of money. The lawyers within the metro BAR are mostly worthless.

[frodosdojo]

Originally Posted by Need4Camaro

Georgia Tenant Handbook

See Page 24.

The problem I see is that, you're technically not really in a lease. The new owner of the property is not technically obliged to uphold your residency if there is no lease. Your lease renews every month, and they are technically upholding the binding lease for this month. Have you contacted the new company? It really sounds like they are trying to get you to sign a lease. Given you were not in a lease when they took over the property, they are not violating any laws. They are actually giving you a fair grace period because they really were only obligated to give you 30 days.

It is true that the new owner does not have to keep me as a tenant, which is their right. But shouldn't I have been notified before the "sale" ? I left a voicemail for the new company. I don't believe the new company has violated any laws but I think it's fishy that the old company collected rent from Section 8 and transferred it to the new company. I think if the new company was approved by Section 8 then my housing authority would have notified me.

And you are incorrect about 30 days. Georgia law says 60 days (for month to month) and it is in the book you provided me with. Tenants are only required to give the landlord 30 days on month to month situations. Of course, because I am bound by Section 8 rules, I have to give my landlord 60 days.

[DreamerD]

Originally Posted by frodosdojo

I did search avvo but the responses I saw were from dui lawyers weighing in with alternative facts. Nothing specific to Georgia. I guess I could post my question there but the helpfulness of the answers is usually hit or miss in my experience.

Sorry to hear that. I just saw the part where you asked if you should go see your HA counselor. I think you should. The situation sounds confusing. You sent a check and it was forwarded to the new company. I'm assuming the new company will be applying the check towards next month. They are also giving you 60 day's notice. To me this means that they may not accept section 8 but I would definitely phone them again. To be honest, they should be glad to accept section 8.



Anything from here on out needs to be in writing because all this sounds confusing and then you said it seems as if a sale never occurred? I think you should see that HA counselor ASAP. It's not good to make financial decisions under such uncertainty.

[Need4Camaro]

Originally Posted by frodosdojo

It is true that the new owner does not have to keep me as a tenant, which is their right. But shouldn't I have been notified before the "sale" ? I left a voicemail for the new company. I don't believe the new company has violated any laws but I think it's fishy that the old company collected rent from Section 8 and transferred it to the new company. I think if the new company was approved by Section 8 then my housing authority would have notified me.

And you are incorrect about 30 days. Georgia law says 60 days (for month to month) and it is in the book you provided me with. Tenants are only required to give the landlord 30 days on month to month situations. Of course, because I am bound by Section 8 rules, I have to give my landlord 60 days.

From what I am reading, there are no clauses where the tenant must be notified of the owners intent to sell the property. It does suck dont get me wrong, but I dont believe any laws were broken. Look at this:

https://www.landlordology.com/tenant...omment-page-8/

See post made by Kim @ June 10 2016.

Not sure how much weight that holds... but I cant find anything in the handbook where the landlord has to give notice.

[frodosdojo]

Originally Posted by DreamerD

Sorry to hear that. I just saw the part where you asked if you should go see your HA counselor. I think you should. The situation sounds confusing. You sent a check and it was forwarded to the new company. I'm assuming the new company will be applying the check towards next month. They are also giving you 60 day's notice. To me this means that they may not accept section 8 but I would definitely phone them again. To be honest, they should be glad to accept section 8.



Anything from here on out needs to be in writing because all this sounds confusing and then you said it seems as if a sale never occurred? I think you should see that HA counselor ASAP. It's not good to make financial decisions under such uncertainty.

I actually pay online via ach so it came out of my checking account via the old company's rent portal and Section 8 pays their part to the old company via direct deposit. So the new company says they took over 3/1 and yet I have proof the old company was paid 3/1.

[frodosdojo]

Originally Posted by Need4Camaro

From what I am reading, there are no clauses where the tenant must be notified of the owners intent to sell the property. It does suck dont get me wrong, but I dont believe any laws were broken. Look at this:

https://www.landlordology.com/tenant...omment-page-8/

See post made by Kim @ June 10 2016.

Not sure how much weight that holds... but I cant find anything in the handbook where the landlord has to give notice.

I get that but the Section 8 contract is special. The management company has a contract with the housing authority. So they can't just transfer the contract without permission from the housing authority because the new company has to qualify first. Add to that fact that the old company doesn't have a right to collect rent if they don't own this place anymore as of 3/1. As far as I know the housing authority doesn't know anything about this "sale" because they haven't told me that I need a new voucher. My voucher is specific to this property and that old landlord. You can't substitute someone else's name in.

[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?