Non-Section 8 Tenant Wants to Sublease to a Section 8 Tenant

6 Replies | Chicago, Illinois

Hi there, 

Here is a strange question.  This is specific to Chicago, IL for non-owner occupied properties.

How do you handle subleases?  What's the most efficient way to do them?  Do I screen my tenant's selection or do they do it on their own.

Now, what about when they want to sublease to a Section 8 tenant?  Fair Housing in Chicago protects Section 8 voucher holders, does this also apply to sublease? Can a landlord deny a Section 8 prospect?

Thanks, 

Please, please, please: speak to a competent attorney about this and do not rely on replies on this forum. You need bulletproof sublease language in your lease if you want to go down this route.

I think the Section 8 question is irrelevant as Section 8 will not allow a sublease. And, even if they did, barring some unique scenarios, I cannot imagine a Section 8 sublease ending up beneficial to you.


@Frank S. Most sublease topics/laws can be put to rest when you agree to allow the tenant out of there lease so long as they are responsible for any commission, turnover repairs, and rent until the day the new tenant moves in.  

The home does need to be vacant to inspect for a section 8 tenant and the process can take up to 60 days so you might want to share the facts of the process if the current tenant is on the hook for the rent until new tenant moves in.  

If you want I can share with you are breaking lease policy that we created in 2009 when we had so many people up and leaving across country for jobs because they were scarce at the time.  Our policy lines up a win/win/win for tenant, owner, and us as the management company.

Originally posted by @Mark Ainley :

@Frank Sanchez Most sublease topics/laws can be put to rest when you agree to allow the tenant out of there lease so long as they are responsible for any commission, turnover repairs, and rent until the day the new tenant moves in.  

The home does need to be vacant to inspect for a section 8 tenant and the process can take up to 60 days so you might want to share the facts of the process if the current tenant is on the hook for the rent until new tenant moves in.  

If you want I can share with you are breaking lease policy that we created in 2009 when we had so many people up and leaving across country for jobs because they were scarce at the time.  Our policy lines up a win/win/win for tenant, owner, and us as the management company.

Hi Mark,  

I would appreciate a copy of the document at  sanchez.frank.f. at gmail.com. Thanks for the offer

The vacancy requirements are considerable.

Updated almost 2 years ago

Please remove email

Originally posted by @Theresa Harris :

@Frank Sanchez  Why would you let your tenant sublease the unit?  Tell them to break the lease and find a new tenant.

That's a better option for both.