Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated 19 days ago on . Most recent reply

User Stats

1,076
Posts
810
Votes
James Mc Ree
  • Rental Property Investor
  • Malvern, PA
810
Votes |
1,076
Posts

Advice needed for Section 8 payment issue

James Mc Ree
  • Rental Property Investor
  • Malvern, PA
Posted

Hello. Please advise on this situation if you have some expertise to share.

I had a long term Section 8 tenant who was looking to move and asked for an end of lease as of March 31. I approved it. No issue. She found Section 8 was slower than her plans (no surprise there!) and she requested a 1 month extension of her lease to the end of April. She requested this around March 25-26. I agreed with the same terms as the original lease. We informed Section 8 of the extension and they approved it.

April 1st comes and there is no payment. I inquire and they say our lease extension was too late in the month and payments were locked down. The case worker said I would be paid mid-April. No issue with that as I am familiar with their bureaucracy.

Mid-April comes and goes to today, April 21. No payment. I inquire of the case worker again. She informs her understanding is the tenant moved out which was news to me. I check with the tenant and confirm she actually moved out to her new home April 1, but didn't tell me anything about it.

I circled back to the case worker and request payment for April since we have a lease extension in place and neither the tenant nor the housing authority informed me of the end of the extension or move-out. The case worker informed me they already paid the new landlord and can't pay twice for the same tenant/month, so I would not be getting paid. I objected stating this is a housing authority mistake. I have an in-force lease of which they were aware. I wrote that I should be paid and the new landlord should be waiting until May for payment.  I requested supervisor escalation if the case worker disagrees. I haven't heard back yet on their response.

Do you have any advice on how to handle this situation? I can't sue Section 8 as they have sovereign immunity as part of the federal government. I plan to ask my former tenant to pay the rent of Section 8 does not, but she is unlikely to have the money and I probably still won't get paid if I sue her. I saw a reference to a HUD complaint process in lieu of lawsuits that I haven't explored yet. Is that worthwhile?

Loading replies...