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Can I sue the government over a section 8 dispute?

Tampa, FL |

I am a landlord in Florida with a house that i rented out on section 8, the lady died, we had just signed a new lease and housing contract, she died of a drug overdose and now section 8 has stopped paying me, I thought we were locked in for a year to the payments. Also, they had overpaid me for 3 months after she died, and now want their money back, can i petition this somehow, what are my rights in this case pls??

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Attorney answers 1


I'd carefully review the lease agreement and other agreements with the section 8 housing authority you have been working with. Chances are there is a term in the agreements that applies if the tenant dies during the lease term.

From an equitable standpoint, it does not sound particularly equitable for you to receive a cash windfall because a tenant dies shortly after signing a one year lease. However, review the terms of the lease and see what it says.

Your rights should be spelled out in the lease agreement and corresponding paperwork, and in the off chance they are not, I assure you that you are not the first landlord in Florida to have a section 8 tenant pass away during a tenancy. A skilled lawyer will review the case law in Florida for similar circumstances, and will advise you appropriately how to proceed.

I would recommend you gather the paperwork and consult with a landlord-tenant attorney in the Tampa Bay area.

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