Section 8 tenant responsible for full rent?

3 Replies

This is more a curiosity question, because I'm already going to be out money.  But not enough to go after the tenant.

But here's the situation I am curious about.  Gave S8 tenant a notice to vacate in mid-July for no later than 8/31.  In retaliation, tenant called agency to complain about repairs I wouldn't make.  Repairs she never mentioned to me, of course.  The first inspection was scheduled with no notice to me.  There were a few items on it.  Because aren't there always.  Even though I'd passed the annual inspection just 4 months earlier.  The second inspection was scheduled for 8/13.  I didn't worry about it, because she was supposed to be out by 8/31 anyway.  And, quite frankly, a couple of the items were too generalized and/or illegible (handwritten) for me to even understand what they wanted.  Failed the second one so there was a rent abatement, starting Sept. 1st.

Which shouldn't have mattered.  Except she didn't leave.  And I had to evict her.  She did paid her portion of the rent for Sept.  However, I think she should be responsible for the entire Sept. rent.  Because, since she refused to comply with the Notice to Vacate, that then made her responsible for the entire rent.  Am I wrong or off base in that thinking?  What do you all think?  

FWIW, she is finally out of the unit now.  We're still tallying damages, but there doesn't appear to be anything major.  Really, we're just glad to finally have her OUT and have our unit back.  I'm just trying to decide if I want to include the S8 portion of the rent as part of her damages in the letter I'll be sending about the SD.  However, she'll be in the negative, either way.

The way my lease reads (which is between me and the tenant), the tenant is ultimately responsible for the full rent.  If the Housing Authority pays a portion of it, that reduces what she has to pay.  But if they didn't pay a portion, the tenant would be financially responsible for the full rent and I would deduct it from her security deposit or, if her security deposit didn't cover it during her final month, I would send her a bill for the whatever the full amount of rent was.  Whether or not you are able to actually collect it is a different story, but I would still bill for it because it's owed (at least it would be in with my case and I would think with most leases).

Originally posted by @Kyle J. :

The way my lease reads (which is between me and the tenant), the tenant is ultimately responsible for the full rent.  If the Housing Authority pays a portion of it, that reduces what she has to pay.  But if they didn't pay a portion, the tenant would be financially responsible for the full rent and I would deduct it from her security deposit or, if her security deposit didn't cover it during her final month, I would send her a bill for the whatever the full amount of rent was.  Whether or not you are able to actually collect it is a different story, but I would still bill for it because it's owed (at least it would be in with my case and I would think with most leases).

Thanks!  I should have added that, in our lease, it does read that the rent is $1125/month.  Which is the full amount.

I don't mention S8, one way or the other. 

Good luck getting your money out of section 8 or the section 8 tenant ! Your dreaming if you think you’ll get back rent .. chalk it up as experience and move on