Do you know your rights as a HUD tenant? Here are the latest HUD eviction rules to know and what to do if you're faced with eviction.
Are you among the 4.8 million Americans who live in HUD subsidized housing?
If so, it's important to know your legal rights and responsibilities. This includes what you can and cannot do while living in HUD housing. It also includes what your landlord can and cannot do.
If you've received an eviction notice, you're likely worried about how to handle the situation. Does your landlord have the right to evict you? Is there anything you can do to resolve the problem?
Read on to learn more about the latest HUD eviction rules and how you can legally protect yourself.
Understanding HUD Eviction Rules
When you first applied for HUD housing, there were certain requirements you had to meet. Upon approval, HUD gave you the right to pay subsidized rent for a property owned by public housing authorities.
What are some reasons HUD could later deny you the right to live there? Here are some common reasons for eviction:
- Failure to pay rent beyond the grace period
- One or more substantial lease violations
- Repeated minor lease violations that affect health or safety of other tenants
- Interference with project management
- Failure to supply required information during the recertification process
- Knowingly providing incomplete or false information for recertification
- Destroying or vandalizing your unit or project property
- Criminal activity
- Alcohol or substance abuse
Under the law, your landlord can evict you from HUD housing for violating the rental agreement or other good cause. Specific laws vary by state.
Notice of Eviction
Your state's laws include eviction notice requirements. Your landlord must also follow all HUD eviction rules.
What do these rules include?
First, you as the tenant must receive written notice of the eviction. The notice must state:
- The current date
- The date you must leave the unit
- The reason for eviction (with enough detail to prepare a defense)
- The dollar amount of the balance due (if evicted for failure to pay rent)
Your landlord must provide two copies of the eviction notice. You should receive one properly stamped and addressed notice in the mail.
The other notice should be physically handed to an adult in your unit. If no one is home, it's also acceptable to leave a copy on or under your door.
When the notice states "material noncompliance," the time of notice must comply with the rental agreement and state law.
If the eviction states "other good cause," it must occur only at the end of the rental term. You must have received previous notice stating that your conduct, if continued, could lead to termination.
Other Important Things to Know
Regardless of the reason for eviction, your landlord must give you at least 30 days to vacate the property.
Your landlord cannot lock you out of your home or turn off the utilities before the eviction date.
You're allowed to talk to your landlord and try to settle the matter out of court. However, your landlord may choose to file a lawsuit or seek other legal action.
Receiving an eviction notice is scary, but knowing the HUD eviction rules can empower you. You may have options available to fight the case and remain in your home.
Our law firm does not handle these cases you need local counsel. However, if you are facing an administrative wage garnishment for a HUD debt, we invite you to contact us for a free case evaluation. Call us today at (888) 756-9969 or use our online request form.