What are my rights as a landlord if a tenant isn't living in the unit?

Full question:

I am a property manager for a Section 8 / 202 property in Minnesota. I currently have a tenant who is not living in the apartment but is paying the rent and still receiving subsidy. What are my rights and obligations as landlord?

Answer:

As a landlord in a Section 8 or 202 property, your primary obligation is to provide safe and sanitary housing that meets program standards. The unit must pass housing quality inspections, and you must maintain it to these standards as long as you receive housing assistance payments. You are required to follow HUD and Section 8 regulations, along with the lease agreement and the Housing Assistance Payment contract.

If you fail to meet these obligations, the Housing Authority can terminate assistance payments. It's important to note that tenants must also adhere to the lease terms and Section 8 Family Obligations. According to the Minneapolis Public Housing Authority, any fraud, misrepresentation, or intent to deceive regarding the Section 8 program is a criminal offense. This includes collecting payments for unoccupied units or receiving additional rent amounts improperly.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Minnesota, if a landlord does not wish to renew a lease, they must provide written notice. For month-to-month leases, the notice period is typically one full rental period, meaning at least 30 days. For leases longer than a month, the notice period may vary based on the lease terms. Always check the specific lease agreement for any additional requirements. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*