Can a Section 8 Tenant Midnight Break Lease Early?

Question

Signed second year team in June for another year. Tenant called explaining they have bedbugs and roaches. I agreed when they renewed the lease I would be willing to spray for roaches if they would clean their house top to bottom. Lease says bugs are a tenant’s responsibility (though we do often assist).

Anyway, I get no phone call till today, it is the tenant notifying me they are moving out.

Honestly, we’re fine if they vacate, seeing they are unwilling to clean their house, but can they just up and leave during a lease on a voucher? Thanks!

Patti Robertson · Answer

Nope.  You should send the tenant notice immediately and cc the case worker saying that in response to their phone call you are notifying them that they are in a lease until ?/?/? and do not have permission to terminated it. I had a situation one time where a SEC 8 tenant abandoned and when we found out we contacted the case worker who said “She didn’t tell you she was leaving?  She told me you said it was OK.”   In our situation the case worker had already reissued the voucher and the tenant moved.  You need to notify SEC 8 before this happens.  If a tenant abandoned their lease they are supposed to lose their voucher.

Jonathan R. · Answer

The tenant is staying. We offered to split treatment. In 45 minutes I’ll report back the bid from our usual guys, they are very reasonable comparatively speaking. I did talk with the owner of the bug company and he says they do have both roaches and bed bugs. Not looking good, but at least the tenant is staying.

Patti Robertson · Answer

Just to clarify - you are asking if they lose their voucher will SEC 8 pay the rent til the end of the lease?  With a SEC 8 tenant there are three separate contracts 1) the lease with you and the tenant 2) the contract between the tenant and HUD and 3) a HAP agreement between you and HUD.  If HUD terminates their contract with the tenant, their contract with you automatically terminates as well, which means they will no longer be sending you payments.  That does not terminate your lease with the tenant however, and unless your lease addresses this situation, your lease with the tenant is still in place.  (My lease has a clause that says if the HAP agreement terminates the lease terminates at the same time.) Your tenant is then treated just like any other tenant and you will have to follow your state laws if they can’t qualify without the voucher and don’t agree to a mutual termination of the lease.

Theresa Harris · Answer

I don't think they are responsible for the entire length of the lease if you mutually agree to let them out early.  But they should be able to give 30-60 days notice on the 1st of the month (whatever the lease requires) regardless if they are section 8 or not.

Jonathan R. · Answer

Thank you! If they go non Section 8 is Section 8 still responsible for their portion till the lease is up?

Can a Section 8 Tenant Midnight Break Lease Early?

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