Can I sue HUD for "stealing" my tenant?

Question

Here's an idea.... Can we seek repayment in full from the low income housing program? They are technically responsible for our tenant breaking her lease by approving her for low income housing; effectively "stealing" our tenant. So would it would be reasonable to seek compensation for damage? This being the "government" they ought to be able to pay us in full immediately.

Carlos Flores · Answer

Make your concession month 2 or month 7, spread equivalent amount over the lease term, give December free if far enough away, or something other than the first month.

Wayne Brooks · Answer

Would the lottery commission be "technically responsible"  if your tenant won the lottery, then broke your lease because they buy a house now?

Joel Owens · Answer

Remrie you can put anything in a lease but it doesn't make it enforceable or if it is enforceable it doesn't mean  a judge will grant you the damages you want.

I have set in for full days sometimes waiting for my landlord case against my tenant to be called. During that time you will hear all kinds of things that landlords claim that Is in the lease agreement and the tenant signed. They present that to the judge and the judge still only awards the damages he or she sees fit and reasonable for the case and circumstances.

Having said that having some clauses in there might weed out potential tenants from renting to you with known ulterior motives they are not disclosing. In that case you might benefit from having it in there.

Account Closed · Answer

I'm assuming this is all tongue in cheek?  Seeking damages from the low income housing program would be like trying to seek damages from the landlord that offers your tenant a better rental for less.  Or seeking damages from an out-of-area employer for hiring the tenant and "forcing" her to move.  If your tenant broke her lease, go after her.  The government that you say ought to be able pay you immediately is having a particularly rough Friday.  Good luck collecting from them!

Shawn Thom · Answer

HUD didn't force your tenant to break her lease did they?

Remrie Arrie · Answer

Carlos, Jon, Steve, and Joel, you all make great points. And I think the idea of having Dec, but more likely Jan as the free month being a great idea. I'd rather pick Jan since that's the month I know they would fall behind (Christmas and New Years). I can even advertise that as my gift to them. And/or if I felt I should or need to, I could adjust the rent upwards.

These units rent easily at $400/mo and can rent for $450, so making it $433 to factor in that free month would be very reasonable. Although I'd be surprised if it wasn't so obvious that $33 X 12 = $396.

I dislike being underhanded, sly, or in any way appear dishonest. That's not in my nature and I'd like to pride myself on integrity. It would be nice to have residents who fulfill their obligation, but at the same time, at least I can try to implement other means in which a resident might be able to save money or be able to pay rent in a more convenient way.

Eric Thomson · Answer

K. Marie Poe - HAHA!

Jon Holdman · Answer

Like K. Marie Poe I thought you were just being tounge in cheek.  But perhaps you're being serious.  No, you're not going to get any money out of HUD, a new job or anyone else that causes a tenant to leave.  For that matter, you're not going to get any money out of a tenant, either.  I've given up on any sort of long term lease.  It ties my hands.  But if the tenant want's to leave, they will leave.  You cannot do anything to stop them, and you probably can't even cause them any significant pain after the face.  With month to month, I can just terminate the lease if they upset me.

Giving someone the first month free and then trying to impose terms is a lot like pounding your head on the wall and then complaining it hurts.  Give the last month free, not the first.  Nobody moves into my place unless they fork over the FULL security deposit and ONE FULL months rent.

Steve Babiak · Answer

I agree with Carlos F. - if you offer "1 month free" - it doesn't have to be the first, but the number 1 there might lead somebody to think that and still call.

Remrie Arrie · Answer

Great point, Wayne!
You too, Chris.

Certainly nobody forced her to leave.

It appears for future prospective residents, if they are going to get first month's rent free, that we specifically outline what forms of penalties there will be for them taking advantage of our discount. And include some favorable clause along the lines of: if they don't stay for at least 6 months, they are liable to pay for that first month plus additional penalties for breaking their year lease.

Can I sue HUD for "stealing" my tenant?

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