Apartments for Low Income

Questions and Answers

Your Questions About Hud Apartments Rent

June 7, 2012

Jenny asks…

Can someone please explain this notice?

I got this notice on my apartment door today. Can someone explain it to me? Are we getting kicked out? If we pay the amount we owe soon do we still have to leave? My parents have never missed a month of rent and I don’t know why we should because we’re not short on money or anything Anyway heres what it says:
Be advised that you are in breach of your HUD Model Lease for non-payment of rent regarding the premises known and numbered as (blah blah blah blah). According to the terms and conditions of your HUD Model Lease, you are required to pay rent on or before the fifth day of each and every month which you have failed to do.
As a consequence of your non-payment, you are hereby notified pursuant to the requirements of (bunch of weird letters and numbers), as amended, that you have fourteen (14) days from your receipt of this notice to Quit and Deliver Up the premises in good order and condition.

As of this date, the total amount of rent due is $831.00

ANY MONIES TENDERED BY TENANT AND ACCEPTED BY MANAGEMENT AFTER RECEIPT OF THIS NOTICE ARE ACCEPTED AS USE AND OCCUPANCY ONLY AND NOT AS RENT AND WITHOUT, IN ANY WAY, WAIVING ANY AND ALL RIGHTS UNDER THIS NOTICE TO QUIT FOR NON-PAYMENT OF RENT OR UNDER SUBSEQUENT SUMMARY PROCESS PROCEEDINGS. MANAGEMENT HEREBY RESERVES THE RIGHT TO ACCEPT MONIES HEREUNDER WITHOUT REESTABLISHING ANY NEW TENANCY.
Finally, be advised of the following: You have ten days (10) days within which to discuss the proposed termination of tenancy with Management. The ten (10) day period will begin on the earlier of the date the notice was hand-delivered to the unit or the date after the date the notice is mailed. If you request a meeting, management agrees to discuss the proposed termination. If you remain in the unit after the date specified as the termination date set forth on this notice, eviction will occur only after judicial proceedings for eviction are commenced against you, at which this time you may present a defense…

I dont need anyone telling me that im stupid and i dont understand this notice because i do. I just want to make sure.

Administrator answers:

What it is saying is that if you do not pay the money that you need to pay, you can be evicted THE CATCH THOUGH IS THAT YOU HAVE TO PAY THE FULL AMOUNT!! (within the time limit that they give you)

Donna asks…

What is our chances of being evicted?

What is our chance of getting evicted?
We moved in to our apt complex june 10 my bf lost his job in aug 10 and we got help with rent through USDA which is like HUD but lazy and stupid we were also getting a utilty check from the apartment In Oct 10 new owners bought the complex and remodeled everything during this time they had to temp move everyone then move them back we were in a two bedroom townhouse in feb 11 they moved us to a one bedroom so they could redo our apt they said we would be moved back in one week it never happened we kept asking and nothing ever happened we are still currently in a one bedroom with our child my bf currently got a job and did not tell the complex right away due to the fact he worked alot and the manager was almost never in the office so when he did tell them he signed a paper allowing them to see how much he makes a week later we get a letter in the mail from their lawyer saying we terminated the lease then 7 days later we were served papers for court with them oct 4th the papers say we violated section 7h of the lease obviously clourt is tomorrow and we have been looking for another place to live but what are our chances of eviction also if evicted whats the lease amount of time they could give us since we have a child and the state we are in is tennessee

Administrator answers:

You will definitely be evicted because your BF is not earning enough to pay the rent. They don’t care if you have a baby, its yours and your BFs.

You will be served with eviction papers and will have one month from the date you receive those papers to move out. Sorry and good luck.

Lizzie asks…

Apartment complex overcharged $1.5K and did not inform me until they credited my account…?

Prior to this, they asked me to sign an application for God-knows-what (something related to HUD) and lie about my income on it so that the complex owner could get some sort of tax break. Of course, I did not sign. After that, they informed me via certified mail that they refunded my account. I had no idea what was going on, but I assumed that they were referring to the security deposit ($200) that they DIDN’T return to me — perhaps, they were crediting my account for that. But, I later found out that they refunded/credited $1.5k to my account. WTF! They’ve been charging me for this and that and all the while they’ve been sitting on $1.5k of my money. I keep asking them for a refund, but they keep saying that they’ve refunded it to my account. No s****! That’s the problem. I want it in MY account, not in any account that the apartment complex owns because their bookkeeping is questionable. And, their integrity is in the negatives. Is it unreasonable for me to ask for a $1.5k check payable to me? My RENT isn’t even $1.5k!

Administrator answers:

Where did the 1500 come from? If it is some government subsidy it is not your money and has to stay in the account. Any left over money in the account would be returned to the government when you moved. This would include any deposit made on your behalf by the government (there are programs for disabled people that pay a deposit).

I am not sure that is what you are talking about, but it sounds like maybe it is. You have not specified where the money originated from or why you think you should have it.

George asks…

tenant is demanding security deposit after breaking lease….landlords opinions please?

i had a tenant that broke their lease. In the lease it stated that if it were broken before expiration by either party they would lose their deposit. They broke the lease 6 months into it (it was a year lease). They are also on HUD.

On Dec. 1st they told me they would be moving. They did not know when and did not find a place they were starting to look. In their lease it states that if they do not give a 45 day notice they will be required to pay a penalty in the amount of the next months rent. On Dec. 16th I received a paper from HUD stating that the tenants were going to be out by midnight Dec. 31st. It also wanted me to sign to in agreeance of the lease breaking. I was going to sign and agree until I went to the tenant (on the 16th) and asked her about them leaving on the 31st. She flat out lied and told me they did not know when they were leaving they had yet to find a place and she would let me know as soon as she knew when. I then told her that HUD sent me the letter. She was dumbfounded and couldn’t speak for a few seconds. Then she stammered and never did really say anything except yea they would be out then and she had to go and she ran into the apartment.

They did not leave until Jan. 5th. I never signed the agreement for the lease to be broken. On Jan 3rd I went to find out when they would be leaving she stated that they would be out the next day (and they were still there until the 5th). At that time she did a walk through with me quickly rushing me from room to room. She then asked for her deposit. I told her then that she had not followed her lease and would not be receiving it.

I sent a letter stating she was not getting the deposit because she broke the lease and did not give 45 day notice. (The lease states the notification must be in writing the only thing I got in writing was on the 16th saying they would be out on the 31st. Also, when we spoke to her on the 1st of Dec. she stated that she would be leaving Jan but probably not until the end and she would let us know ASAP when she knew. at that time I reminded her of the 45 days notice in writing)

Today, I received a letter from her stating that HUD told her that all parties are in agreeance of her breaking her lease (I have never to this day spoken to HUD about this, I never signed and returned the agreement either) She demanded her deposit back.

There were damages to the apartment as well as the penalty for not giving 45 day notice. I didn’t bother charging for damages (which would have exceeded the deposit) or the penalty bc I just want to be done with them. I will meet with my lawyer next week but I am looking for landlord input. Thanks. (I am in Pennsylvania if it matters)
HUD did pay for the apartment until the 15th of Jan. The tenant is saying that since she verbally told me on Dec. 1st that is her 45 days. However, I have tried to explain that it had to be in writing and she only notified me that they would be leaving within the next month or 2.
Supposedly HUD says I agreed but I never gave them agreement whether verbally or in writing. I figure they will be taking me to civil court and am just curious if others think I am legally right or wrong.

Administrator answers:

I am still having problems with a tenant that moved out with damages. I live in Texas and that requires that any $ kept must be explained in a letter sent to the tenant in 30 days. You are only allowed what the law says. Go to your states website and look up property code and you will see what you are responsible to do. Then you can only do what you have set out in your lease. If the lease states that you may keep the deposit if you are not notified in writing in so many days, then you may keep it. If there are damages, I would suggest you document everything with photos and witnesses so that you have proof. In Texas we are only allowed to deducted actual damages. . .that means money out of your pocket damages. If you do the work yourself. . .too bad, you can’t collect. You must have a receipt for everything. I would notifiy HUD in writing that they have misled your tenant. .actually I would call and follow up with a letter. Any letters you send should be sent return receipt so that you have proof you sent the letter and they would have to sign for it.

Ken asks…

I found a wonderful house and live in apartments, the apartments are through hud housing, I have never missed?

a rent payment, my lease is up in august and I found the house now, they need the deposit now, and I can’t pay both rents, so I need to move out 1 month early, I am so afraid to tell the management that I need to break my lease, what if they take me to court? I am on disability? I am really worried about this what should I do??

Administrator answers:

Do not break the lease. Pay the rent until it expires.

If you break a HUD lease you will not be able to receive ANY housing assistance for LIFE,

If you need assistance now you may need it again.

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