Eviction vs. Hold Over Section 8
I have a month to month Section 8 tenant who has not paid their portion of rent since the beginning of the year. On March 1, she was sent and confirmed receipt of a letter of non renewal and notice to vacate. I gave her 90 days. I also posted her 3 day quit notice after the 90 days. She has been dragging her feet and claiming all kinds of reasons why it is taking so long. I am still being paid by Section 8.
Finally, yesterday, after several weeks of 'I'll be out soon' messages she asked what she should do with some of the bulk items. Put them out for pick up or what? (her words). I told her she needed to take everything with her. She did not like that response and told me via text message that I will need to file for eviction (along with other threats of discrimination, illegal action on my part, etc which are all bogus). I would really prefer not to evict. What are my options as she has packed up most of her things except for the bulk items mentioned? Do I tell her just leave everything along with the keys and I will handle it? At what point is it considered abandonment as she clearly is not living there? Do I still need to give 24 hours for entering the unit? When can I change the locks?
First thing I would do is look up landlord law in Ohio. See if you have to do those things. I can tell you what you have to do in Arkansas but it may not be the same.
We typically judge a house as abandoned by if they have removed their personal things. Example: Bed, bedding, toothbrushes, clothes etc... see if the utilities are on. If it truly looks like she has left I would change the locks and deal with removing the larger items. Stinks to have to do it but it may be cheaper and faster than an eviction.
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as @Erin Dreher said you need to check your specific county and city laws/codes about the specific criteria for you to be compliant....BUT, i usually expect to pay some amount of increased turnover cost to stop the negative cash flow of a deadbeat tenant.
I tell them if they are out by a certain date and they voluntarily agree to sign a "termination of tenancy" letter, I will not "evict" them, or sue them for any cleanup, assuming there is not any serious malicious damage or neglect. Ideally you keep the turnover cost to a normal amount of painting, cleaning and maintenance with the only added cost being removing abandoned large items. Best of luck!
There is a small amount of personal items left (cups, etc.) a mattress and some furniture. The electric and gas are both off. The water is not, as it is a duplex with one meter. I have already sent a termination of tenancy letter (she did not sign it). There is a breach of lease clause that states: 'If Tenant abandons or vacates the premises, while in default of the payment of rent, Landlord may consider any property left on the premises to be abandoned and may dispose of the same in any manner allowed by law.'
Quote from @Jeff Lockshine:
There is a small amount of personal items left (cups, etc.) a mattress and some furniture. The electric and gas are both off. The water is not, as it is a duplex with one meter. I have already sent a termination of tenancy letter (she did not sign it). There is a breach of lease clause that states: 'If Tenant abandons or vacates the premises, while in default of the payment of rent, Landlord may consider any property left on the premises to be abandoned and may dispose of the same in any manner allowed by law.'
In my state, I can consider it abandoned if it's been 15 days and rent is owed. I would enter, change the locks, and haul her stuff to a storage facility. Then I would contact her and give her 15 days to pay everything owed, including moving and storage fees. If she doesn't, I auction off the storage unit. In the meantime, I would have control of the property and could clean it and look for a new renter.
You should also contact Section 8 and report her. If she's not paying her share of the rent, that's a violation of her Section 8 agreement and she'll lose that benefit and possibly others.
