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Aline Brunson
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Section 8 tenant might have abandoned our property

Aline Brunson
Posted Jul 10 2022, 09:07

Hello. I am a first time investor and purchased my first rental property last March with a section 8 tenant already in the property. Our tenant is 2 months behind on rent but HUD housing is paying their part which covers our mortgage with some left. My husband and I manage the property ourselves, but needless to say we don't have a lot of experience specially with legal issues. The tenant told my husband she was more than likely moving out soon, but my husband went by the house yesterday and power was out and looked like nobody is living in our house, but some of her belongings are still there although majority is gone. We have no idea how long she's been gone but my husband says we need to get power back on we're afraid of mold in basement. We plan on calling lawyers tomorrow, but does anyone have any legal advice for us? Do we still have to go through eviction even though she seemingly abandoned the property? How is the process with HUD housing? She was supposed to give us 60 days notice and obviously did not and neither let HUD know anything. I am afraid they will stop paying while we go though legal proceedings and we are left with a second mortgage to pay. Any advice? Thank you and greatly appreciated!

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John Underwood
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John Underwood
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Replied Jul 10 2022, 09:43

How do you know the power is off?

Is the meter missing, have you called the electric company?

Have you tried calling tenenat?

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Aline Brunson
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Aline Brunson
Replied Jul 10 2022, 10:14

We know the power is off because my husband went to the house and all breakers are on but no power. Meter is not missing. Tenant says she is coming back next month to get her stuff but she doesn’t know we know she left and there is no power on. There’s plenty of signs no one is living there currently and there is spoiled food in fridge and ash trays on beds with old cigarette buds in it. There are legal notices stapled to our door for lack of payment on her new washer and dryer. 

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Theresa Harris
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Theresa Harris
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Replied Jul 10 2022, 12:20

Talk to her case worker and simply say she's not paying her part of the rent and appears to have moved out.  Don't mention the fact that there is no power because she turned it off.  

Call the utilities and find out when power, etc was shut off.  Some of them let the owner know when this happens to prevent there being no water or electricity to the property.  Post a notice that you are entering to do an inspection and go in to check.  If you know about food in the house, perhaps you've already given notice of an inspection and entered.

The fact that you talked to her and she said she was coming back next month to get the rest of her stuff means she should have given you notice.  Remind her of the terms of the lease which I'm sure also say she has to have utilities in her name and on.

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Aline Brunson
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Aline Brunson
Replied Jul 10 2022, 16:43

Thank you so much. We are a bit apprehensive to talk to her caseworker in case they stop paying their portion of the rent since she left? Her lease states she is supposed to give us a 60 days notice before she leaves and obviously she did not do that. Thank you so much this is helpful information and we will do tomorrow.

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Claude Willi
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Claude Willi
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Replied Jul 30 2022, 10:40

@Aline Brunson. if you need a PM. Try BLAIRZ INC.

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Brian R.
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Brian R.
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Replied Jul 30 2022, 18:11
Talk to the case worker.  If she did leave, and HUD pays you for the future, then finds out the tenant had left, they can, and in almost all cases, will come after you to refund the money they paid you, and can take legal action against you for accepting the money if you knew they were gone.