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

Asked 9 months ago - 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?

Attorney answers (2)

  1. Celine Mui Simon

    Contributor Level 3

    Answered . 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.

  2. William Stanley Fitch

    Contributor Level 16

    Answered . 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.... more

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