In fact, the tenant doesn’t have to have done anything ‘wrong’ for you to serve a valid Section 21 notice. Two females can share one bedroom. Attorney. 2 Answers. In practice, most landlords only use this notice where the tenant is in at least two months of rent arrears and the fixed term of the tenancy has still got some time to run. Under normal circumstances, however, a Section 8 tenant can only move when his lease has expired, or he can give proper notice, usually either 30 or 60 days, if he has a month-to-month lease. First note that there are a few different types of programs for different housing units or apartments, and they include Portable Vouchers and Project Based, among others. Her voucher could be lost or she might have to pay more or something for rent. Your income will exceed the amount acceptable for section 8. All the in home mold kits have 3 different colored molds growing on them. Tenants must usually give landlords 30 days’ notice prior to moving out when they have yearly leases. I'm leaving a bad situation and had to get out fast! You should receive a Section 8 transfer packet from your local PHA when you notify them that you want to move, and it should include a notice form for your landlord to sign. Most section 8 notices and other eviction notices must also give 6 months. I will have a TON of support where I want to move to. If there are any problems they will need to be fixed before you can move in. If you are in the initial 12-month period since you were first admitted to the Section 8 program, your PHA does not have to let you move. This means that if you have been delaying serving your Section 21 and Section 8 Notices you can now get on with that if need be. Lv 7. Basil was bedridden and unable to move to a new apartment when he got approved for a voucher. That does not mean you have to approve the rental application for anyone just because they have a Section 8 voucher. For example, rent arrears. There is a backlog in the courts and they will be prioritising cases based on whether there is any anti-social behaviour, domestic violence or whether the rent arrears are so severe as to be properly detrimental to a landlord’s financial situation. And they will be observing what is stated on the 'doctor's note'. 1 decade ago . As with any other tenant, you should never allow a Section 8 tenant to move in without first collecting a security deposit from them. Three days prior to us believing we would be moving in we have discovered that the tenants are refusing to leave the property for 3 and a half weeks – effectively leaving us homeless (the tenants have acknowledged receipt of the S.21 to the managing agent). I have lived here for 20 years. If you are the head of household, you may port your voucher to the area you will be moving to, as long as you have lived in your unit for one year, or were a resident when applying to the Section 8 … Since Section 8 waitlist is so long, you had better find another way to move out. This request must be signed and dated by both the owner/landlord and participant. What they are looking for is to make sure that your property meets the Housing Quality standards that HUD has set. I have a section 8 voucher-but I need a deposit and first month's rent. Does anyone know of a program that can assist me? Relevance. The Code of Federal Regulations notes, however, that it your PHA can allow you to move if it so chooses. So yes, Section 8 CAN tell you that. In this case, you will be expected to pay for the full rental amount until your subsidy begins. Ask. You can only get a section 21 notice if you have an assured shorthold tenancy. For example, they can give: I have a section 8 voucher from jersey and want to use it in nyc, the amount in Nj is 2bed/2250 but not too many listings in the city and the standard payment in nyc is 2bed/1959, new process already frustrated. MovingFind forms and FAQs for Section 8 participants who are moving. Some buildings are “RAD” or “Project Based Section 8 Vouchers” and may allow you to convert to a portable voucher after one or two years. The landlord knows but says it will cost to much to repair and they will do it when I move.. In such cases you can terminate the tenancy during its fixed term if the tenant has breached the tenancy agreement. I’ve been wandering in the dark for too long. If you are the head of household, you may port your voucher to the area you will be moving to, as long as you have lived in your unit for one year, or were a resident when applying to the Section 8 waiting list. Like Like. If the state puts 2 & 2 together, you'll be screwed. For this reason, evictions via this route are sometimes called ‘no fault evictions’. Section 8 – notice seeking possession. Section 21 is a good move because you don’t have to prove that the tenant has fallen behind on the rent. Im on section 8 and my landlord failed inspection 3 times...and want me to move am i allowed to put my portion of - Answered by a verified Real Estate Lawyer . They don't need a legal reason to give you a section 21 notice but there are other rules they must follow. The housing authority that covers the area you are moving to must be currently absorbing vouchers, so contact that office for more information. But you could be given a shorter notice in some cases. You never have to pay to apply to a Section 8 waitlist, and there is no way to pay to move up the waitlist once you’re on it. When using a Section 21 notice, the rent arrears are of no legal importance. Still they won't fix it.. Been real sick the past two years. Legal Eagle. Family and friends! Anonymous August 19, 2019 1:03 pm Reply. This site is on point. I'm vacating my present resident and I have a section 8 voucher, I've paid my prorated portion of my rent for May, I'm turning my keys in tomorrow but my landlord is saying she will not return my secu … read more. For Buildings: If you are applying to a building, obviously, you will have to move to that building. Can I move from my apartment and keep my Section 8 rent subsidy? By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. In this case, you will be expected to pay for the full rental amount until your subsidy begins. If you are moving into a home that is subsidized by the federal government and the Housing and Urban Development Section 8 rental assistance program, be aware of the following. If I want to transfer to another apartment in my development, do I still need permission from HPD? Section 8 Landlord Resources. HPD’s SECTION 8 MOVE PROCESS 1. Answer. If you’re not sure what type of tenancy you have, use Shelter’s tenancy checker to find out. And it will be better for my 2 children! I want to move to a different apartment but have not given 30 day notice to move out 9/1/20. Rights and ResponsibilitiesLearn about universal tenant rights and responsibilities, and property owner responsibilities. Sometimes Section 8 participants move into a new unit before the lease at their old unit has ended. little or no notice if you're facing eviction for antisocial behaviour. They come first. You and she WANT that separate bedroom. Payments and RentsGet information about what your voucher covers. Thank you so much for starting this page. _nicole_. I can understand you wanting to stay home for a few months to take care of the baby and not working. If you move in, you are required to make the state aware of the change within 30 days. But there are a few things you need to know: ... Two: You Have To Move There. Ultimately, your initial PHA and the PHA that governs the area you wish to move to must agree to allow for the portability of your Section 8 … For example, the tenant has not paid the rent, damaged the property or is causing a nuisance. House smells and section 8 knows but says there's nothing they can do about mold. A Section 8 notice is available where you have granted an assured or assured shorthold tenancy and one of the grounds for possession apply. Another risk of renting to a Section 8 tenant is the belief that Section 8 tenants are very destructive. Include a copy of any notice from your current landlord if they're ending your lease. If you have received written authorization from HPD to do so, you can move and keep your rent subsidy. He requested to keep his place at the top of the waiting list until he was medically cleared as well enough to move – Basil’s Story. Section 8 Guide For the Disabled and Plucky. Most section 8 notices given on or after 29 August need to give 6 months. The Section 21 route takes at least two months, whereas the Section 8 route takes at least three. My children need and deserve a better environment. You dont need a job to get a Section 8 apartment but it takes a few years to get to the top of the waitlist. For example: 4 weeks' notice if you have rent arrears of more than 6 months. You may not use a Section 8 voucher to receive rental assistance in two different units at the same time. She should contact her caseworker and ask them what the rules are. If you want to rent your property to a tenant who has a Section 8 voucher, your unit must pass a health and safety inspection. The maximum amount you can collect is determined by your state security deposit limit. We use cookies to give you the best possible experience on our website. Once everything checks out with inspection you can sign your lease and move in. Terminations and AppealsLearn about the reasons for which Section 8 can be terminated. The court won't order eviction if your section 8 notice is invalid. A Section 21 Notice may be served for any reason. My month to month lease expires 8/31/20. If you’re asked to pay, it’s more than likely a scam. Creative Living Situations Some people have managed to make rentals work by getting creative! Section 8 isn't going to see it your way. 2. If you are too ill to move, but don’t want to lose your spot, here’s a clever solution Basil found: Basil Gets to the Top of the Section 8 Waiting List… And Stays There. So basically I have remained HERE only because of the voucher. The Section 8 route can only be followed if there is a valid ground for possession (i.e. Section 21 and Section 8 notices You can evict tenants who have an assured shorthold tenancy using a Section 21 or Section 8 notice, or both. Landlord. When you get served with a Section 8 notice of seeking possession, this means that the landlord will be going to court. Your household income is not too high but you have to include everyone in it on the application. ? Lv 4. Section 8 prohibits moving before your lease is up. At this point, it's not all it's cracked up to be. Better care as far as doctors. Your landlord can give you a section 8 notice if they have a legal reason or 'ground' to end your tenancy. Families are eligible to apply to move once every 12 months. Check your notice is valid. You must sign it as well, then return a copy to your PHA. If you need an extension on your move-out date, you must submit a written request to your Housing Specialist 5 days before the actual move-out date. 4. Serving a Section 21 notice may be seen by a tenant as less aggressive. Wear and Tear Concerns/Property Damage . Your landlord doesn’t need a reason for giving you a section 21 notice - for example, they might just want to move back into the property. 1 0. Your daughter does not NEED her own bedroom. However, your landlord can give you a shorter notice in some circumstances. This Section 8 inspection is conducted by your local Public Housing Authority. Told them I am not moving. Your landlord can only start court action once your notice period ends. the tenant has done something wrong). If your child was a male, you would have no problem getting a 2 BR. Favorite Answer. Landlords are required by state law to participate in the Section 8 program, if a Section 8 voucher holder is the most qualified applicant. A Section 8 eviction notice is served when you have grounds for eviction. I need to move! Answer Save. Section 8 notice. They will need to make an appointment in the county court and apply for a possession order. A section 8 inspector will need to come out to inspect the apartment/house. 1 decade ago.