How Convenient Is It For A Section 8 Tenant To Break A Lease?
How Convenient Is It For A Section 8 Tenant To Break A Lease:
Section 8
Section 8 is a housing plan set up by the US Government, which aims to help qualified, low-income households, by bearing a part of their housing payments. Its scope, however, is confined to only Private Landlords.
Section 8 is not marked out for households only, as income-earning single individuals who meet the eligibility criteria can get admitted into the Section 8 program.
When an individual is considered “qualified” for the Section 8 housing program, he then has to reach out to Landlords registered in the program to secure a lease, after completing the application process.
Section 8 tenants are required to remit 30% – 40% of their total income towards the payment of their lease. And changes in income must also be reported within 10 days of the change. Failure to report a change in income could result in the tenant having to bear all rent costs on his own, at the fair market price.
Steps to Enrolling in the Section 8 Program:
Since the section 8 housing program is dispensed at the local level, you will have to contact your local housing authority to secure a voucher. Preview the criteria for eligibility and complete the laid-out application process. Upon the successful completion of the screening process, you can claim your voucher for the program. A list of Landlords registered in the program will be made available to you, from which you can choose a suitable housing unit and redeem your voucher. Upon the approval of your application (by the Landlord), your housing authority will carry out a thorough examination of the housing unit. The successful examination of the housing unit now leaves it up to you to sign the lease and move into the housing unit.
Now that you have an insight into how the program works, let’s talk about lease breaks.
Lease Breaks
Lease breaks occur when the Landlord agrees to the termination of the lease of an existing tenant and grants it (lease) to a new one. This takes the responsibility of payment of rent off the old tenant and confers it unto the new tenant.
In the section 8 program, your Landlord is under no obligation whatsoever to renew your lease when it ends. Meanwhile, in the event of a concrete reason why your application for a Lease renewal must be declined, or the need to terminate your lease during its active period, he (your Landlord) has to serve you a written 45-day notice stating why your lease shall not be renewed. Or why it should be terminated.
The chances of you getting evicted by your Landlord are unlikely, provided that you are not guilty of any violation of your lease or terms of the lease.
These violations could include one or more of:
Fraud. Default in remittance of rent. Damage(s) to leased property. Health and safety inspection failures. Violent conduct or threats of violence. Failure to complete annual recertification.
This list of non-exhaustive lease violations could compel your Landlord to file for your eviction in a District Court, potentially convincing the court to evict you from the housing unit.
An eviction does more harm than good to your creditworthiness, which is a major determinant of future successes or failures in an application for a lease in a Section 8 program.
Now, Section 8 tenants can file requests also for a break of lease. This application is majorly successful when it comes at the end of the initial lease period. Any request for a break of the lease during the initial lease period can be granted by written permission from the Landlord. It is also important to note that Section 8 tenants are forbidden from moving during the first year of signing a lease.
However, for a request of termination of the lease (by the tenant), during its initial lease period, to have any shot at success; it has to be backed by “peculiar circumstances.” And in most cases would require Legal help.
These “peculiar circumstances” could include one or more of:
Trauma. Repair issues. Domestic abuse. Poor housing conditions. Change in the income of the household/individual.
The tenant in question is required to provide a 30-day written notice, requesting the termination of his lease.
The likely consequences of Section 8 tenants breaking off-lease illegally could include:
Being served a lawsuit. Damaged credit worthiness. Having to bear the entire rent alone. Being thrown entirely, out of the Section 8 program.
So, yes, Section 8 tenants can break a lease, but will not succeed if they fail to adhere to Legal procedures.
