How Can I Have My Landlord Release My Tenancy So Section 8 Can Move Me?

When you rent Section 8 housing through the U.S. Department of Housing and Urban Development (HUD), you don't just deal with your local public housing agency. As is the case in an unsubsidized rental situation, you interface directly with the landlord who owns the unit in which you live. Therefore, if something comes up, including your desire to move, you must clear the action with HUD's office as well as your landlord.

Context

When you obtain a Section 8 voucher, you venture out into the local rental market to secure the size housing unit for which you qualified with your local HUD office. During this process, private landlords put you through their own screening process to ensure that your household serves as a good fit for their vacancy. Once approved, HUD requires that you sign a one-year lease with your landlord. You must abide by the terms of the lease. For instance, if you want to move, HUD allows it, but only if you properly terminate your lease with your landlord.

Lease Parameters

If your lease expires and you give proper notice, you are free to move from a Section 8 rental. Some leases have clauses that allow you to end your lease with adequate notice before it expires. If this clause exists in your lease, you can exercise this right. If you wish to break a lease, you must reach a mutual agreement with your landlord. If you don't, HUD will not initiate the process that allows you to move and retain your Section 8 assistance. Simply put, you have to explain your reasons for wanting or needing to move to your landlord and hope that she agrees to work with you.

Termination

When you terminate your lease, your landlord has the right to collect rent that you owe. Your landlord can also withhold all or part of your security deposit, as long as he acts in accordance with local and state law, to cover past due rent or damage done to your dwelling for which you are responsible. If you fail to follow the terms of your lease at termination, your landlord can choose to take the matter to court.

Considerations

Generally, when you move from a unit with Section 8 assistance, HUD allows you to keep your benefits and find a new place to live practically anywhere in the country. A special type of Section 8 arrangement, however, does not work this way. If you have a project-based Section 8 voucher, HUD connects your assistance to your physical dwelling, not your family. In these cases, a property management company typically serves as your landlord. If you move from a project-based situation, you lose your benefits and must reapply if you wish to use Section 8 in the future.

References

• HUD: Housing Choice Vouchers Fact Sheet
• HUD: Project Based Vouchers--Frequently Asked Questions
• GPO Access; Code of Federal Regulations: Title 24, Section 982.309, Term of Assisted Tenancy; May 1999
• GPO Access; Code of Federal Regulations: Title 24, Section 982.313, Security Deposit: Amounts Owed by Tenant; July 1994
• GPO Access; Code of Federal Regulations: Title 24, Section 982.314, Move With Continued Tenant-Based Assistance; October 2010