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Can my landlord keep overpaid rent if Im on section 8 and my part of the rent is $5.00 a month?

Oakland, CA |

Section 8 back paid my rent for September which my part was 549.00 due to me being unemployed as of August. I paid 549.00 for september before housing fixed my portion of rent to $5.00. Housing back paid for september rent and now my landlord has a credit of 549.00 of mine. How can I get that back?

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Attorney answers 2


I think you're saying the Housing Authority paid your September rent, so that your payment of the September rent is an overpayment. If that is the case, you are entitled to a refund, and should ask your landlord for a refund. Small claims court is an option, but it takes a lot of time and steps. It may be easier to deduct your share of the rent from the overpayment, if landlord won't cooperate.


Section 8 adjustments are rarely, if ever, retroactive. If they fixed your monthly portion of rent to $5 in September, your october portion will be $5, not September. Think of it backwards. If your portion was $5 and section 8 changed it to $549 mid September, would you owe your landlord $544 more for September?

A proper response would require a thorough investigation into the history and background of this relationship. The information provided above is just that, information, to be used as you see fit.

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