Can I refuse section 8 renewal legally

Question

Hello

Ned Carey · Answer

@Aman G. Some states have what they call "Just Cause Eviction" Basically these laws say you cannot refuse to renew a lease except based on certain condition.  Even if Ohio does have that law my guess is you don't have to renew for a lesser rent than you were getting.

Some states have laws that say you can't discriminate based on "Source of income" Meaning you can't deny Section 8. This is what @Remington Lyman is referring to. Again even if Ohio has that law I doubt it applies to requiring you to accept lower rent.

However I am not an attorney and the above is my personal interpretation of the laws I have seen in MD. It is not legal advice and you really should talk to an attorney in OH  that is familiar with landlord tenant law.

PS I see this is your first posts so welcome to BP

Colleen F. · Answer

@Remington Lyman  that isn't the question he is asking he doesn't want to renew because Section 8 came up with a new formula and reduced the rent $300. He wants to know if he can terminate and it looks like yes if Section 8 refused to pay the rent he is charging he can refuse to renew.   However depending on the state you are right,  alot of states but not all require you to accept section 8.

Michael K Gallagher · Answer

@Aman G. what area of cbus is this property in!  The market rents are still ticking up in the recent leases I've filled, even in western franklinton and hilltop.  Is your unit in need of reparis?  does it have things like central air etc?  in general if there is no active lease on a tenant you can give 60 days notice to vacate if they are MTM or simply give notice of nonrenewal and vacate at the end of the lease.  obviously I'm not a lawyer but the fact its section 8 should not override your rights to end a lease and move the tenant out.

I have recently experienced a new way that CMHA calculates rent it was previously just a beds amount number now they do it by zipcode as I understand it.  So even if the teannt has a voucher for a 3 bed at say 1600 or whatever it is, you need to actually pull up the zip specific rents on CMHA's website to see what you'll actually get then take off the utilities etc, most of the time if your unit is nice and has generally atrractive amenities you'll find a better renter for more on the open market.

Wesley W. · Answer

Check with your jurisdiction for any crazy progressive rules, but I do not see why not.  You entered into a contract for one year, and your negotiation has not created a mutual benefit.  We live in a capitalist society, and you should be able to charge what the market will bear.  Can you reject the price hike from your grocer, gas station, utility provider, property taxes?  Your expenses are going up, and thus you need to charge more for the service you provide in order to remain profitable.  I know some people bristle at landlords making "profit" but a basic understanding of business will show that a small business owner's first dollar of profit is their first dollar of income.

Colleen F. · Answer

@Aman G.   You might want to give more context on this question.  I don't know the Ohio laws but if you have a tenant you don't want to renew if there are lease violation etc. you should have addressed them like any tenant. Or is it a hypothetical if you get into section 8 can you non-renew?

Michael Goldberg · Answer

@Aman G. definitely. In my experience you can always decline the rent proposals from the housing authority. I wonder where you are at in your contract with the tenant. You must be post 1 year to have asked for the rent increase, so the question would be is the contract now month to month or year to year?

James Wise · Answer

legal shmegal. Laws are for losers.

Colleen F. · Answer

@Aman G.  I would give a notice to vacate. If they think rent is that much cheaper it should be easy for them to find your tenant a place. Also, if the rent in your area has gone down that much I would hope you would be aware.    I would try to reach out to some local section 8 landlords if you don't find someone here.  Do you have a real estate meetup or do you know a property local property that accepts Section 8.  Are you in Columbus, OH?

Aman G. · Answer

sorry, I'm  trying to update the post but won't allow me. Here are the details: Hello, I'm renewing the rent for a section 8 tenant. I filed for a $25 rent increase but section 8 evaluated the area based on the new requirement (small area fair market rent) and reduced the rent by $300. Can I reject the offer and ask tenant to move out?

Can I refuse section 8 renewal legally

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