Not renewing Section 8?

Question

Good evening,

I have purchased a 3 plex, and it is owner occupied (I will be moving in). The unit that I am looking at moving into is currently a section 8 unit.

The lease ends August 1st, I want to make sure I give ample, and legal notification of non-renewal.

Does anyone know how many days notice of non-renenwal is legal for a section 8 tenant? The state is Arizona, I've tried researching online, I've found either 45 days or 60 days online, however I've read it varies by state.

Thanks so much!

Chris Martin · Answer

You need to get a copy of the HAP (Housing Assistance Payment) Contract. The HAP Contract is not assignable without HA permission, but on change of ownership there is a clause you can invoke (14(g)). Did you already qualify as a S-8 landlord?

You can terminate the contract for 'good cause' including using for owner occupancy.

See also http://portal.hud.gov/hudportal/documents/huddoc?id=52641.pdf

Marcia Maynard · Answer

Paul A. You will find the answers to your questions on Tuesday when you visit the City of Tucson Community Services Department and talk to the Section 8 program managers for your area.  Here is the link to their website: http://www.tucsonaz.gov/hcd/contact-section-8

Best to research as much as you can before you go, including all of the info on their website, so you can be prepared.  Call for an appointment, or better yet stop by if it is convenient for you and pick up their materials, have a look around and ask for an appointment in person.

Marcia Maynard · Answer

Paul A. When you purchased the already occupied triplex, you should have received the tenant files (including their lease agreements) from the previous owner and a copy of the Section 8 terms.  You may find the answer there.  Regardless if you received these or not, it is imperative that you contact your local housing authority office and ask them how to proceed.

As you know, the rules vary from state to state and even by municipality.  It is wise to stay on good terms with the local housing authority office as you may want to work with them again in the future.  The case managers for the Section 8 program can be quite helpful and you will be helping them by giving them a "heads up" as they will be working with their client to secure a new housing arrangement for your tenant.  Also, you may be required to give notice to both the tenant and the housing authority in a particular manner.

You should do everything possible to make the move go as smoothly as possible for all parties involved.  Moving can be very stressful, and for a tenant who is not expecting to be asked to leave it can be quite traumatic as well.

Ryan Swan · Answer

I have a section 8 tenant in Tempe, AZ and my understanding is that the tenant is bound by the terms of your signed lease contract. So if it says 30 days written notice of non-renewal, then that's what you should do.

I found the following paragraph on the Tempe's housing website, but it makes no mention of non-renewal specifically:

Even though the term of the assisted tenancy is indefinite, the Lease and Contract can still be terminated by:

• The landlord, for cause, in accordance with the Lease (lease violation, violation of law or acts of malfeasance or nonfeasance or other good cause)
• Mutual written agreement between the landlord and tenant.
• The tenant with not less than 30 days but not more than 60 days written notice.
• Landlord Registration (not sure what this one means)

Paul A. · Answer

@Marcia Maynard

Thank you so much, that is so helpful! Have a great Memorial Day weekend!

Paul

Paul A. · Answer

@Chris Martin

Thanks for that. I will ask for that documentation. I have not qualified as a section 8 landlord, this is my first rental property. Is there some steps I need to do to qualify?

I know there is a check on the unit every so often to make sure its up to code and in suitable living conditions.

Paul A. · Answer

@Ryan S.

Thanks for the input, I'm sure the laws are similar on municipalities, I guess I will call on Tuesday and see what I can do. I'm assuming it is the 30 days notice.

@Marcia Maynard

I have a copy of their lease, however it makes no mention of non-renewal. I will call the local section 8 office here in Tucson. Thanks for the ideas, I too want to make sure I do the right thing in giving the tenant ample time to move out and find a suitable place.

Thanks!

Paul A. · Answer

Thanks, Aaron. That is what I will do, and is also my inclination as well. However, info on the web is scarce.

Will check on Tuesday,

Thank!

Aaron Montague · Answer

Call the local office and ask. My understanding of VT law is that section 8 tenants are to be treated like any other.

My guess is that 1 month will be the answer.  Tell them now and avoid any hassle later.

Not renewing Section 8?

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