Posted in Blog  
  on Jul 15, 2015

Explanation of Section 8 Tenant Rights

Landlords are not required to accept Section 8 vouchers. Section 8 is not required to accept units or landlords. This can make it difficult to know what the tenant rights happen to be when it comes to this low income housing option. In general, however, the rights of a Section 8 tenant are virtually the same as for any other tenant.

1. All Evictions Must Go Through The Court System.

Any eviction attempt must follow the procedures outlined under local landlord/tenant laws. Using self-help eviction methods, such as changing locks or shutting off the power, are not allowed.

2. The Rental Unit Must Be Able To Pass a Yearly Inspection.

The rental units for Section 8 housing must conform to the same safety standards as any other rental. A yearly inspection performed by the program will certify the unit for another year. If the unit fails and inspection, it may require the tenant to find a new rental unit.

3. Tenant's Cannot Be Evicted If They Are Current On Their Portion Of The Rent.

A Section 8 housing agreement is a 3-way contract between the landlord, the tenant, and the local public housing authority. As long as a tenant is current on the amount of rent that they owe monthly, they cannot be evicted because of a delay in voucher funding.

4. Refunds Are Mandatory On Failed Inspections.

If a rental unit fails an inspection, then any fees or deposits that a tenant has made must be returned to them. It is up to the tenant, however, to have the rental unit inspected. Landlords are only required to hold a unit for 10 days to have the Section 8 inspection. If it doesn't occur, they do not need to rent to the tenant even if a lease has been signed.

5. Tenants Have a Right Of Appeal.

If a tenant feels like their tenancy has been terminated for a biased reason, they have the right to file a grievance. This allows the tenant to remain in the unit, but rental payments must be made through the end of the hearing.

Section 8 tenants must be treated as any other tenant, even though the landlord is receiving most of their rent from a voucher instead of a personal payment. Follow the tenancy laws and meet these rights to form the best possible relationship with low-income families who need a good home.


Related

Most Important Landlord Tenant Laws in Texas

When it comes to having a tenant for the first time, it can be pretty daunting because you are going to be the corresponding landlord and a new relationship will emerge, which will need time to grow... More


The Landlord Tenant Board: What it is and When it is Needed

Many times, there are issues between a landlord and a tenant that need to be resolved but are failed to do so, because both parties have gone too far with their actions, and have retaliated in the... More


The Landlord Tenant Laws in California

The landlord and tenant laws in California are literally the same as they are in any other state. These laws, rules and regulations are put into practice because they uphold an order, a discipline,... More


How to Write an Eviction Notice

When it comes to a landlord wanting to evict their tenant, there are specific steps that need to be followed before the process of eviction can start. It is not anymore that the landlord can simply... More


Understanding the Landlord Tenant Laws in Illinois

People are aware that there are different rulings in each state with reference to the landlord/tenant laws. The state of Illinois also has a set of laws. These rules and regulations are basically... More


How to Create a Residential Lease Agreement

Where there is a landlord, there will also be a tenant, and it is no surprise that these two parties can only work together once there is some sort of agreement, contract or a binding deal in place.... More


The Best Sites for Rental and Lease Agreement Templates

Many landlords find it difficult to write and draft a lease agreement. Since every State has its own general template, it can also be difficult to make sure your lease agreement meets all the criteria... More


The Landlord Tenant Act: What Landlords Need to Know

All landlords know that before they can formally become a landlord there are a lot of things they need to understand. Landlords and tenants cannot act as such without any legal bodies involved. That... More


What is the Eviction Process for a Landlord

When it comes to evicting a rowdy tenant from your apartment, it can be a little overwhelming, because you know that there is legal recourse and you cannot just boot out your tenant. There is a... More


5 Landlord Forms that Every Landlord Should Have

When it comes to being a landlord, one should know that it is not for the unprepared individual. This should be clear that being a landlord does not simply mean that you will be taking the rent and... More