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Lease signings

 
PhillipsEsq's Avatar
  • Answered by:PhillipsEsq
  • Attorney-at-Law
  • Positive Feedback: 98.9 %
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Customer Question

I'm a recipient in the HUD's program for Section 8 Housing. I had my current home weatherized by the weatherization organization here in Michigan. My landlord signed a contract saying he wouldn't evict me in the next year. Four months later he had me sign a new lease which had a clause in saying he has the right to evict me if he wanted to sell the house. At the time of signing the lease, I didn't know all the wordings in the contract for the weatherization orginization. My question is, is the lease he had me sign legal or no?

 

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State/Country relating to question: Michigan

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I have tried pointing out my landlord the original contract he signed with the weatherization organization. As well as, I have tried to to contact various attorney's, tho, none have returned my calls.

Submitted: 324 days and 3 hours ago.
Category: Real Estate Law
Value: $40
Status: CLOSED
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Expert:  PhillipsEsq replied324 days and 3 hours ago.

Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.


Did your Landlord get the approval of the Section 8 Program for the new Lease?

Customer replied324 days and 3 hours ago.

No, he actually just submitted the lease on Monday, June 25, 2012. The lease was written up on December 1, 2010. It's a month to month lease. He's only required to submit a lease to the Section 8 program when I first moved in, which was December 1, 2009.

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Expert:  PhillipsEsq replied324 days and 2 hours ago.

Thank you for the information:


No, he actually just submitted the lease on Monday, June 25, 2012. The lease was written up on December 1, 2010. It's a month to month lease. He's only required to submit a lease to the Section 8 program when I first moved in, which was December 1, 2009.




Response 1: This statement is not completely accurate. If there are changes in the Lease, then the Landlord must sign a new Housing Assistance Payment (HAP) contract with HUD and a copy of the new Lease must be provided to HUD. So, if this is the case here, if there are changes to the Lease and the Landlord did not obtain approval from HUD, then the Lease is not enforceable, is not legal because it did not follow the proper procedure for a new Lease. See the PDF below for Addendum to Section 8 Lease especially Item #15 on page 4, the last page.




http://www.hud.gov/offices/adm/hudclips/forms/files/52641-a.pdf




Your initial post: I'm a recipient in the HUD's program for Section 8 Housing. I had my current home weatherized by the weatherization organization here in Michigan. My landlord signed a contract saying he wouldn't evict me in the next year. Four months later he had me sign a new lease which had a clause in saying he has the right to evict me if he wanted to sell the house. At the time of signing the lease, I didn't know all the wordings in the contract for the weatherization orginization. My question is, is the lease he had me sign legal or no?



Response 2: The new Lease is legal if it followed proper procedure as required by HUD regardless of the contract with the weatherization organization. However, in any eviction case, the contract with the weatherization organization would be used as a defense. That is, the Landlord received a benefit from the organization and in exchange for the benefit received, the Landlord signed a contract with the organization that you would not be evicted for the next year. Then after receiving the benefit, the Landlord is now trying to back out of the agreement by underhandedly having you sign a Lease that took the protection from eviction for you, contrary to the agreement that the Landlord signed with the weatherization organization. The Court would not look too kindly on the Landlord for this maneuver. In any eviction case that is contrary to the contract the Landlord signed with the weatherization organization, you would contact the weatherization organization for assistance, to bring up the issue of the contract that the Landlord signed with the organization. If possible, the organization should ask for reimbursement of the expenses of weatherization if the Landlord insists on evicting you.

Customer replied324 days and 2 hours ago.

Sir, thank you so much for your answer! After reading the contract for the weatherization organization, I was pretty sure I knew the answer to my question already. You confirmed my suspicions, and I truly appreciate you taking the time at confirming me! I will now contact the weatherization organization. Again, thank you Sir! God Bless you and have a nice day!

Mary

Accepted Answer

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Expert:  PhillipsEsq replied324 days and 2 hours ago.

You are quite Welcome!


All the best,

Expert TypeAttorney-at-Law
Category: Real Estate Law
Pos. Feedback: 98.9 %
Accepts: 2210
Answered: 6/27/2012

Experience: Licensed in Massachusetts and New York

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