A Tenant's Responsibilities Under Section 8
Rules to Follow to Keep Your Voucher
Section 8 vouchers are given to tenants who meet certain qualifications. In order to keep receiving these vouchers, the tenants must follow specific rules. These rules are in addition to whatever obligations they already have under their state’s landlord-tenant law. Here are seven responsibilities tenants have under Section 8.
1. Find a Section 8 Eligible Housing Unit
The Section 8 office will pay a Section 8 tenant’s rent, but it is not responsible for finding the tenant a unit to live in. The tenant must search on their own for private housing within the specific town or county where their voucher has been approved.
Socialserve.com is a national Section 8 website where property owners can post units that accept Section 8 tenants. The local Section 8 office may also have their own list or website where Section 8 tenants can view available rentals in the area.
However, it is up to the tenant to set up an appointment to view any properties they are interested in and to provide the landlord and the Section 8 office with the necessary paperwork. Once the tenant has chosen a unit, the Section 8 office is responsible for inspecting the unit to determine if it meets HUD’s Housing Quality Standards.
2. Live in the Unit
A Section 8 tenant has met certain qualifications in order to receive the housing voucher. The tenant to whom the voucher was given must live in the housing unit. The tenant cannot lease out the unit to someone else, including family members. This would be considered fraud and would result in the termination of the Section 8 voucher.
3. Pay Security Deposit
Section 8 vouchers do not include an amount for the security deposit. Therefore, the tenant is responsible for providing this deposit to the landlord. Tenants who have difficulty coming up with the security deposit on their own can apply to other assistance programs which may be able to help pay the tenant’s security deposit.
4. Pay Their Portion of the Rent
While Section 8 pays the majority of a tenant’s rent, it often does not pay all of it. The tenant could be responsible for paying a percentage of the rent based on their yearly income.
The amount the tenant must pay on their own will vary greatly from tenant to tenant. However, it is usually a small portion of the rent. For example, if a three bedroom apartment rents for $1200, the tenant may be responsible for paying $150 a month.
As per the lease agreement, the tenant must pay their portion on time each month. Failure to pay their portion, or consistently paying late, may jeopardize the tenant's ability to continue to receive a Section 8 voucher.
5. Follow the Lease Agreement Rules
They must follow the lease, including:
- Paying their rent on time.
- Keeping their unit clean.
- Not damaging the unit or property.
- Not disrupting the quiet enjoyment of other tenants in the building.
- Refraining from any criminal or illegal use of the property.
- Reporting any maintenance, health or safety issues to the landlord.
6. Notify Section 8 of Any Changes to Income or Family Size
The amount that the tenant receives from Section 8 depends heavily on both the household income and the size of the family. If there are any changes to either of these, the tenant is responsible for notifying the local public housing authority of these changes.
For example, if a tenant received a raise, their income has increased, so Section 8 may increase the portion the tenant has to pay each month in rent. As another example, if a tenant had a baby, but there was no increase in income, Section 8 may increase the amount of the Section 8 voucher the family can receive.
Therefore, the tenant must notify the housing agency of any changes, both those that would increase the amount of their housing voucher and those that could decrease the amount of the housing voucher. Failure to notify Section 8 of the changes could be considered fraud and the tenant could lose their voucher entirely and even face legal action.
7. Notify Housing Authority and Landlord When Moving
When a Section 8 tenant wants to move out of a unit, they must not only notify their landlord but must also notify the local Section 8 office. Under normal circumstances, a Section 8 tenant can only move when their lease has expired or, for a month to month leases, when giving the proper notice, either 30 or 60 days.
For yearly leases, the tenant must give the landlord 30 days’ notice prior to moving out. This notice is given so that the landlord has enough time to find a replacement tenant and so that the housing authority knows when to stop sending the housing voucher to that landlord.