Section 8 tenant gave notice to leave and wants a month extension

Palatine, IL · Member since 2016 · 78 posts · 16 votes

Section 8 tenant informed off intent to vacate April 30, 2022 at end of lease and now says Housing Authority of Cook County(HACC) has send a mail that the lease is extended till May 31, 2022 at the same rent. Can HACC or the tenant force me to extend the lease or I can insist they vacate as agreed on April 30, 2022?

0 Reply

64 views

Most Popular Reply

Theresa HarrisPro Member

Member since 2019 · 15k+ posts · 11k+ votes

Quote from @Sam P.:

Quote from @Theresa Harris:

If they gave notice to terminate the lease and both of you agreed to it, then no they can't just extend it. Have you found new tenants and are you okay if they wanted to extend it a month?

The tenant filled a form addressed to HACC about intend to vacate on April 30, 2022 and cosigned by me. Based on that I started advertising and am very close to sign an agreement with a new tenant for 2nd week of May, Holding back because I got the letter from HACC.

Call their section 8 person and tell them that the tenants said they were leaving April 30, signed paperwork to that effect and you've already rented it out for May 1. They can then figure out what to do.

2 Reply

See this reply in the discussion

16 Replies

Jump to latestLatest

Sort by

Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
4y
If they gave notice to terminate the lease and both of you agreed to it, then no they can't just extend it. Have you found new tenants and are you okay if they wanted to extend it a month?
0 Reply
Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
4y
I would agree with teresa. If notice was already given and accepted, then that is the termination date. If you are able to negotiate a one month extension, then I would do so. If you already have other plans, then I would notify the tenant immediately that the termination date still stands and you expect them to be out.
The DIY Landlord Book4.7243 Reviews
Website View Page
0 Reply
Sam P.
OP
Palatine, IL · Member since 2016 · 78 posts · 16 votes
4y
Quote from @Theresa Harris:

If they gave notice to terminate the lease and both of you agreed to it, then no they can't just extend it. Have you found new tenants and are you okay if they wanted to extend it a month?

The tenant filled a form addressed to HACC about intend to vacate on April 30, 2022 and cosigned by me. Based on that I started advertising and am very close to sign an agreement with a new tenant for 2nd week of May, Holding back because I got the letter from HACC.

0 Reply
Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
4y
Quote from @Sam P.:

Quote from @Theresa Harris:

If they gave notice to terminate the lease and both of you agreed to it, then no they can't just extend it. Have you found new tenants and are you okay if they wanted to extend it a month?

The tenant filled a form addressed to HACC about intend to vacate on April 30, 2022 and cosigned by me. Based on that I started advertising and am very close to sign an agreement with a new tenant for 2nd week of May, Holding back because I got the letter from HACC.

Call their section 8 person and tell them that the tenants said they were leaving April 30, signed paperwork to that effect and you've already rented it out for May 1. They can then figure out what to do.
2 Reply
Sam P.
OP
Palatine, IL · Member since 2016 · 78 posts · 16 votes
4y
I contacted Housing Authority of Cook County and received no response. Tenant confirmed verbally she will be leaving end of the month and I am going forward on that
0 Reply
Sam P.
OP
Palatine, IL · Member since 2016 · 78 posts · 16 votes
4y
Tenant calls in the morning and says if I have not signed a lease with anybody else, she will continue staying in May and Housing Authority of Cook County will pay the rent. I have many shows at a higher rent and have no interest in she continuing because it restricts my ability to show and also having the place clean and looking good for potential tenants.
Can I ask HACC, monthly renewal is possible at a higher rent? I have a copy of the HACC paper work that the tenant wants to vacate April 30th 2022.
0 Reply
Greg M.
Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
4y
Realistically you're not getting the tenant out on May 1st. She just isn't going to move if she has no place to go. Maybe I'm wrong, but my guess is that the ultra-left city of Chicago doesn't have super speedy evictions and is probably extremely anti-landlord. Therefore, she's not going anywhere in May unless she wants to.
I'd inform the tenant that you have incurred numerous costs with advertising and time spent marketing/showing the unit and had to decline a new tenant at a higher rent. Her refusal to vacate at the agreed upon termination of the lease made these costs moot and cost you additional income. Deduct them from her security deposit or if not allowed to deduct, seek the damages in court or with S8 if they have agreed to cover damages.
And this is why you always have a Holdover Tenancy clause in the lease. Don't leave when you say you will, rent increases dramatically.
1 Reply
Sam P.
OP
Palatine, IL · Member since 2016 · 78 posts · 16 votes
4y
Hi Greg, I have no holdover clause. Tenant notified me of the intent to move and sent paperwork to the Section 8 office about the plan to move. I let the tenant know the lease cannot be extended even if I don't have a new tenant coming in and they say they will vacate by 30th. I feel they are trying to get the Section 8 office to push me into extension. Can I tell Section 8, I need more rent?
0 Reply
Paul De Luca
Real Estate Agent · Chicago, IL · Member since 2018 · 1k+ posts · 1k+ votes
4y
@Sam P.
Why did the lease get extended by HACC? Surely they provided a reason.
If the tenant says they'll be out by the 30th, then it sounds like you're good to approve the new tenant.
0 Reply
Sam P.
OP
Palatine, IL · Member since 2016 · 78 posts · 16 votes
4y
Quote from @Paul De Luca:

@Sam P.
Why did the lease get extended by HACC? Surely they provided a reason.
If the tenant says they'll be out by the 30th, then it sounds like you're good to approve the new tenant.
The letter that came 1st week of April blandly stated lease was extended effective 05/01/2022 , the letter came 1st week of April. When I called to check, they responded back saying the tenant has informed them of plans to vacate April 30, so ignore. Now I think the tenant is asking HACC for extension because new unit is not ready
0 Reply
John Warren
Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes
4y
@Sam P. you often here how property management companies won't try to pre lease, and this is why. It stinks, but the reality is your section 8 tenant is likely waiting on the next property to be available. It is likely that the next property is waiting on the S8 inspection or something like that. Personally, I would pull the listing and inform the potential tenants that you are not able to offer the unit yet in good faith. Your only recourse in this case would be eviction, which is totally pointless (and takes 3-4 months anyways). I would just wait this one out.
1 Reply
Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
4y
If you have section 8 telling you to ignore the letter (get it in writing) and the tenant said they'd be out by April 30, proceed that way. Other than the letter from section 8, is there any reason to believe the tenant won't move out at the end of April?
0 Reply
Crystal SmithPro Member
Moderator
Real Estate Broker · Chicago, IL · Member since 2014 · 2k+ posts · 1k+ votes
4y
Quote from @Sam P.:

Section 8 tenant informed off intent to vacate April 30, 2022 at end of lease and now says Housing Authority of Cook County(HACC) has send a mail that the lease is extended till May 31, 2022 at the same rent. Can HACC or the tenant force me to extend the lease or I can insist they vacate as agreed on April 30, 2022?

Start the eviction process.
312-681-7487
0 Reply
Drew SygitBusiness Member
Property Manager · Royal Oak, MI · Member since 2012 · 13k+ posts · 9k+ votes
4y
If both you & tenant signed termination notice and you sent to S8, then only a judge can extend the lease without your signature.
As many have indicated above, that doesn't mean tenant will move by April 30.
If S8 wants to extend a terminated lease, you can negotiate/require whatever rent amount you want.
[email protected]248-209-6824
Logical Property Management4.9469 Reviews
Website View Page
0 Reply
Sam P.
OP
Palatine, IL · Member since 2016 · 78 posts · 16 votes
4y
Quote from @Theresa Harris:

If you have section 8 telling you to ignore the letter (get it in writing) and the tenant said they'd be out by April 30, proceed that way. Other than the letter from section 8, is there any reason to believe the tenant won't move out at the end of April?

Tenant called me Wednesday morning implying they are helping me by staying in May with HACC paying the rent since I have no new tenant. I pointed out even if I have no tenant, I can show the place better when it is empty and she responded saying she will leave by April 30th. She also said she has additional forms from HACC for me to sign and I offered to come over the weekend to sign.
Evening I texted to send me the picture of the form I need to sign (I already signed the notice to vacate form 1st of April) and to tell me what time they will vacate and hand over the keys on the 30th, since I am planning to change locks the next day. Usually they are very good to respond, it has been 12 hours with no response. That is making me concerned. Emailed and left voice messages with HACC and no response till now(Not unusual).
0 Reply
Rory Boone
Investor · Seattle, WA · Member since 2012 · 42 posts · 19 votes
4y
With hacc once your unit passes re-inspection and the tenant completes their annual certification of income it's standard protocol that they will send you out a letter indicating a lease extension. The tenant does not request this it just automatically happens. If you and the tenant signed an intent to vacate form indicating the tenant will be moving that form supersedes the notice. If they tenant is not out by the 30th. You will need to issue notice indicating the tenant is now a holdover tenant who could face eviction. If they stay one day past their day they are suppose to be out the hacc will likely pay you for the next additional month of rent. So it's not necessarily a bad think if they stay a few extra days as it probably will take you a little time to make the place ready for the next tenant. Have the tenant sign a Key Return / Vacate Notice once they vacate. ( you can get this form from housing specialist or pm and I can send it to you. This signed will acknowledge they have officially left the property. You will send it to hacc once all parties sign. The smart tenants will not likely stay very long past the vacate due date because if you go through with an eviction they could very likely lose their voucher.
0 Reply

Join the conversationCreate a free account to reply, vote on answers and follow this thread.