failed section 8 inspection

[Carlos Ptriawan]

I understand if the Sec8 inspection failed, the HA will stop payment. My question is how long until the sec. 8 tenant shall leave the property if the owner doesn't make the requested repair (or late in repair) ? Also before they're leaving entirely, does it mean they have free rents?

[Greg Scott]

Unless your property is unlivable, just make the repairs and you will be fine.  Most of the repairs we had to make were due to tenant damage.  (e.g. the screen is ripped or the window has a crack in it)  Once fixed and re-inspected, the housing authority catches up on payments and then resumes payment. 

[Kyle J.]

@Carlos Ptriawan  Whenever I've had a failed inspection, it's usually for something very minor, like gutters need to be cleaned, fix a door weatherstripping, a crack in the ceiling needs to be patched, etc.  I've also had failed inspections for things that are solely the tenant responsibility, like overgrown grass/weeds in the backyard (tenant is responsible for the yard/landscaping per the lease).  I honestly think the inspector just wants to find SOMETHING to list or they feel like they're not doing their job.

They're pretty flexible on the timeline for repairs though.  Usually, they'll even allow me to self-certify that they've been done.  If they decide (for whatever reason) that a re-inspection is necessary, that appointment is generally scheduled 21-30 days out. I'm never present for it though (or the initial inspection for that matter).

Keep in mind that, although the Section 8 program is a federal program, it's administered at the county level by the local Housing Authority offices so I imagine your experience could vary somewhat.

And one final comment, even if a particular repair item is determined to be the "tenant responsibility", they do have some motivation to fix it because - if the Housing Authority were to stop payment - it doesn't mean "free rent".  Quite the contrary.  The lease agreement is a contract between you and the tenant.  If the Housing Authority were to stop payment, the tenant would still owe you the rent.  They just wouldn't have the Housing Authority paying a part of it.  And they don't want that.  So it's in their best interest to make sure those payments keep coming.

[Brandon States]

What if I don’t want to renew a tenant and could use the failed inspection as a way for them to move out at the end of the term?

[Patti Robertson]

@Brandon States - Why would you do this? If you don't want to renew the lease, just issue a notice of non-renewal.   Remember, your lease with the tenant is a legally binding contract. You are committed and so are they.  Unless you lease has a clause that says if the HAP is terminated the lease is too, you lease will still be binding.  The tenant won't have to pay you will have to go through the lengthy process of eviction.  This would be like you saying - I want to break up with this girl, but am not man enough to tell her, so should I just obviously cheat on her so she breaks up with me instead?  Crazy talk.

[Brandon States]

Thanks Patti,

Good feedback, it was a thought that popped in my head. I figured as much but wanted to get some feedback from more experienced people. I'll let them know as planned that the lease won't be renewed.

Originally posted by @Patti Robertson:

@Brandon States - Why would you do this? If you don't want to renew the lease, just issue a notice of non-renewal.   Remember, your lease with the tenant is a legally binding contract. You are committed and so are they.  Unless you lease has a clause that says if the HAP is terminated the lease is too, you lease will still be binding.  The tenant won't have to pay you will have to go through the lengthy process of eviction.  This would be like you saying - I want to break up with this girl, but am not man enough to tell her, so should I just obviously cheat on her so she breaks up with me instead?  Crazy talk.