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Chicago Property Management Blog

Requesting Section 8 Payment for Non-Vacated Tenants

Mark Ainley - Tuesday, June 27, 2023

As a landlord participating in the Section 8 housing program, you rely on rental payments from the housing authority to cover costs when tenants are unable to pay the full rent amount. However, what happens if you have given a tenant notice to vacate, but they have failed to move out by the deadline? You still need to cover your costs, even if the unit is not producing rent. Here are the steps to request Section 8 payment in this situation:

  1. Issue proper notice to vacate. First, ensure you have given the tenant official notice to vacate according to the terms of the lease and local laws. This is usually 30 days written notice for month-to-month leases. Keep records of the notice in case of dispute.

  2. Contact your local Public Housing Authority (PHA). Get in touch with the PHA that administers the Section 8 program in your area. Explain that you have given the tenant notice to vacate, but they have not moved out. Request that the PHA continue to pay the rent subsidy and tenant portion until the tenant vacates the unit.

  3. Provide evidence of notice to vacate. The PHA will likely ask you to provide evidence that you properly notified the tenant that they must move out. Supply a copy of the written notice to vacate that you gave the tenant. This shows you followed the correct procedure.

  4. Continue requesting payment. Even after the PHA agrees to continue payments, you must continue to request the payments each month until the tenant moves out. The PHA needs to see that you are actively trying to get the tenant to vacate and not allowing them to stay long-term without paying rent.

  5. Issue eviction notice if needed. If the tenant refuses to leave after notice to vacate, you may need to begin eviction proceedings to force them to move out. Consult with a lawyer to understand the eviction process in your area. Eviction should only be used as a last resort.

Following these steps will help ensure you continue to receive Section 8 payments, even when tenants do not vacate as required. Be sure to keep detailed records and communicate regularly with your PHA to resolve the situation properly. 

Contact us if you have any other questions!

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Mark Ainley
Investor, Managing Broker, and Property Manager
Price is what you pay, Value is what you get! I want to provide value to others and make some money along the way. I have a solid foundation in Chicago real estate because I am a Real Estate investor in both Residential and Commercial/Industrial markets while being a founding partner at GC Realty & Development LLC and co-host of Straight Up Chicago Investor Podcast. In the last 20 years we renovated 500+ properties, invested in commercial properties, managed over 7000 units/tenants, leased...
Price is what you pay, Value is what you get! I want to provide value to others and make some money along the way. I have a solid foundation in Chicago real estate because I am a Real Estate investor in both Residential and Commercial/Industrial markets while being a founding partner at GC Realty & Development LLC and co-host of Straight Up Chicago Investor Podcast. In the last 20 years we renovated 500+ properties, invested in commercial properties, managed over 7000 units/tenants, leased over 4,000 properties, featured on CNBC’s TV show The Deed, co-host on Chicago's AM560 Real Estate Revealed Radio Show, and invited to speak & sit on panels at numerous investment summits across the country. I have also been blessed with the opportunity to be a guest on over 30 top podcast platforms. GC Realty & Development, LLC, currently manages over 1,200 investment properties throughout the Chicagoland area. In 2019, 2020, 2020 and 2022, GCR&D was featured on the Inc. Magazine list of top 5,000 fastest growing companies in the United States. I take great pride in providing valued feedback to beginners and less experienced entrepreneurs on what steps not to take or what steps to take sooner in growing a younger business.
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