Landlord and Tenant Rights Under Section 8: Who Is Responsible for What
Landlord-tenant rights · 7 min read · Reviewed by the Section8Max Editorial Team · Last updated
A voucher tenancy involves three parties: the landlord, the tenant and the public housing agency (PHA). The lease and HUD tenancy addendum set the rules between landlord and tenant, the HAP contract sets the rules between landlord and agency, and the family obligations in 24 CFR 982.551 set the rules between tenant and agency. Knowing who owes what to whom prevents most disputes. Here is how rights and duties split across the most common issues.
Rent
The landlord has the right to collect the tenant's share each month and the HAP from the agency, and nothing more. Side payments above the approved rent are prohibited. The tenant has the right to pay only their share, which the PHA recalculates at each annual recertification and after reported income changes. Landlords can charge reasonable late fees for the tenant's share if the lease and state law allow, but not for a late agency payment.
Repairs and inspections
The landlord must keep the unit up to HUD's housing quality standards for the whole tenancy and fix life-threatening problems within 24 hours, other failed items within 30 days or the PHA's deadline. If repairs aren't made, the PHA can stop payments, and the tenant can't be charged for the missing HAP. The tenant must pay utilities they're responsible for, keep the unit clean, avoid damage beyond normal wear and tear, and allow inspections. Damage the family causes is the family's responsibility, and failing to fix it can cost them the voucher.
Privacy and access
Tenants have the same right to quiet enjoyment as any renter. Landlords must give the notice state law requires before entering, except in emergencies. Both sides must allow the PHA's scheduled inspections, and tenants can request a special inspection if the landlord won't make repairs.
Deposits and fees
The landlord may charge a security deposit up to the state limit, and it can't be more than what you charge unassisted tenants. The voucher does not pay deposits. At move-out, the landlord may deduct unpaid tenant rent and damage beyond normal wear and tear, and must return the rest under state law.
Lease changes and moving out
- Rent increases: the landlord gives written notice (usually 60 days) to the tenant and PHA, and the new rent must pass rent reasonableness
- New household members: the tenant needs PHA approval, and the landlord can screen adults
- Ending the tenancy: the landlord needs program-approved grounds and must send the PHA a copy of any eviction notice
- Moving: the tenant gives proper written notice to the landlord and PHA and can usually move with the voucher after the first year
- Discrimination and accommodations: both the Fair Housing Act and VAWA protect tenants, and landlords must consider reasonable accommodation requests
Where to get help
When a dispute involves the agency's payment or an inspection, contact the PHA first. For lease disputes, local legal aid offices help tenants, and landlord associations or an attorney can help owners. Renters can read our Section 8 tenant guide and Section 8 tenant checklist for the family's side of these rules. This post is general information, not legal advice.
Frequently asked questions
Who pays for repairs in a Section 8 unit?
The landlord pays for normal repairs and upkeep. The tenant pays for damage beyond normal wear and tear caused by the household or guests.
Can a Section 8 tenant withhold rent for repairs?
Rules vary by state. The more common route is reporting the problem to the PHA, which can require repairs and stop payments until they're done.
Does the tenant sign the HAP contract?
No. The HAP contract is between the landlord and the PHA. The tenant signs the lease and the HUD tenancy addendum.