Evicting a Section 8 Tenant (TAW) in MA - Process/Time/Cost?
Member since 2023 · 27 posts · 3 votes
Evicting a Section 8 Tenant (TAW) in MA - Process/Time/Cost?
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3yQuote from @Salina Doe:
The question isn't whether or not you can still receive Section 8 funds. The question is whether or not you want to keep this tenant. I don't know why you would.
1. They are probably below market rate so you are losing money.
2. Despite receiving government assistance for a decade, they're still incapable of paying their portion on time or appreciating what they've got.
3. They are damaging the property by smoking inside.
4. They are violating the lease by allowing unauthorized occupants.
5. They are acting hostile towards you.
This is not normal behavior. This is how the bottom 10% of tenants act. If it were me, I would contact the caseworker and explain that you want to terminate their lease for non-payment of rent and other lease violations. Whether the caseworker helps or not, you should figure out how to get rid of them, clean up the unit, and rent it at a fair market rate to people that will appreciate your rental.
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21 Replies
- 3yTheresa HarrisPro MemberMember since 2019 · 15k+ posts · 11k+ votes
Why don't you talk to their case worker? They might be able to help them find another place. The risk of them losing their section 8 should be enough to make them want to move.
- Member since 2023 · 12 posts · 1 vote3y
Would recommed proceeding carefully and consider the means of the lowest cost (loss) strategy for your specific situation ...
(Dependent on your State/Local ordinances. This is not legal advice please consult with you attorney).
Consider a step-by-step process increasing the pressure on the tenant with each step while accumulating documentation (which will be needed in Eviction Court):
As per the prior comment, first contact the State Agency sponsoring/funding the Section 8 payments and document for them all the issues to see if a resolution can be reached. One minor exception to the comment: not advisable to lose Section 8 funding which could result both an immediate lose of further rents and/or a squatting/eviction scenario.
Next:
1) In terms of the late rent payment(s) - consider a 3-Day Notice to "Cure or Quit".2) If step 1) ineffective, consider the lease type - in many states if month-to-month the lessor has the right to submit "30-Day Notice to Vacate" without cause.
3) If step 2) is ineffective, an Unlawful Detainer (aka Eviction) could be pursued. There will be significant cost and time involved, hence the alternative, pre-emptive steps outlined.
Focus on loss minimization rather than an emotional response.
Best of Luck -
- Member since 2023 · 27 posts · 3 votes3y
Quote from @Theresa Harris:
Why don't you talk to their case worker? They might be able to help them find another place. The risk of them losing their section 8 should be enough to make them want to move.
I am going to talk to their case manager very soon and hope that they are willing to assist.
- Member since 2023 · 27 posts · 3 votes3y
Quote from @Alan Williams:
Would recommed proceeding carefully and consider the means of the lowest cost (loss) strategy for your specific situation ...
(Dependent on your State/Local ordinances. This is not legal advice please consult with you attorney).
Consider a step-by-step process increasing the pressure on the tenant with each step while accumulating documentation (which will be needed in Eviction Court):
As per the prior comment, first contact the State Agency sponsoring/funding the Section 8 payments and document for them all the issues to see if a resolution can be reached. One minor exception to the comment: not advisable to lose Section 8 funding which could result both an immediate lose of further rents and/or a squatting/eviction scenario.
Next:
1) In terms of the late rent payment(s) - consider a 3-Day Notice to "Cure or Quit".2) If step 1) ineffective, consider the lease type - in many states if month-to-month the lessor has the right to submit "30-Day Notice to Vacate" without cause.
3) If step 2) is ineffective, an Unlawful Detainer (aka Eviction) could be pursued. There will be significant cost and time involved, hence the alternative, pre-emptive steps outlined.
Focus on loss minimization rather than an emotional response.
Best of Luck -
Thank you, Alan. I will contact their case manager and inform them about this situation. From what the case manager has told me if they are still in the unit even though they're not paying rent I am still able to receive funds.
- Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes3y
Quote from @Salina Doe:
The question isn't whether or not you can still receive Section 8 funds. The question is whether or not you want to keep this tenant. I don't know why you would.
1. They are probably below market rate so you are losing money.
2. Despite receiving government assistance for a decade, they're still incapable of paying their portion on time or appreciating what they've got.
3. They are damaging the property by smoking inside.
4. They are violating the lease by allowing unauthorized occupants.
5. They are acting hostile towards you.
This is not normal behavior. This is how the bottom 10% of tenants act. If it were me, I would contact the caseworker and explain that you want to terminate their lease for non-payment of rent and other lease violations. Whether the caseworker helps or not, you should figure out how to get rid of them, clean up the unit, and rent it at a fair market rate to people that will appreciate your rental.
The DIY Landlord Book4.7248 Reviews - 3yJohn UnderwoodPro MemberInvestor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
Quote from @Theresa Harris:
Why don't you talk to their case worker? They might be able to help them find another place. The risk of them losing their section 8 should be enough to make them want to move.
I agree with this.
Talk to their case worker first.
What is their share of the rent?
- Member since 2023 · 27 posts · 3 votes3y
Quote from @Nathan Gesner:
Quote from @Salina Doe:
The question isn't whether or not you can still receive Section 8 funds. The question is whether or not you want to keep this tenant. I don't know why you would.
1. They are probably below market rate so you are losing money.
2. Despite receiving government assistance for a decade, they're still incapable of paying their portion on time or appreciating what they've got.
3. They are damaging the property by smoking inside.
4. They are violating the lease by allowing unauthorized occupants.
5. They are acting hostile towards you.
This is not normal behavior. This is how the bottom 10% of tenants act. If it were me, I would contact the caseworker and explain that you want to terminate their lease for non-payment of rent and other lease violations. Whether the caseworker helps or not, you should figure out how to get rid of them, clean up the unit, and rent it at a fair market rate to people that will appreciate your rental.
Nathan, thank you for the advice. I will call their case worker tomorrow. I hope they will be able to help!
- Member since 2023 · 27 posts · 3 votes3y
Quote from @John Underwood:
Quote from @Theresa Harris:
Why don't you talk to their case worker? They might be able to help them find another place. The risk of them losing their section 8 should be enough to make them want to move.
I agree with this.
Talk to their case worker first.
What is their share of the rent?
John, they are only paying $500 for their portion of the rent and Section 8 covers 2/3 of the rent. Total of $1,512. They owe 2 months rent now.
- Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes3y
Call their caseworker. There is an eviction process that is specific to HUD; the 'client/tenant's' voucher can be terminated for non-compliance. And, here's a harsh reality: you mean nothing to the tenant...their caseworker is the one with the power. Go to their caseworker (if you don't know who it is, look up the local office of '(city/county) Housing Authority' and call the office. Often times, the caseworkers are listed by their clients' last name.
Again, let the housing authority take care of this for you. It's faster - and the court will only push back to the case worker after you file. You gotta know how this works...and use it to your advantage.
- 3yJohn UnderwoodPro MemberInvestor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
Quote from @Salina Doe:
Quote from @John Underwood:
Quote from @Theresa Harris:
Why don't you talk to their case worker? They might be able to help them find another place. The risk of them losing their section 8 should be enough to make them want to move.
I agree with this.
Talk to their case worker first.
What is their share of the rent?
John, they are only paying $500 for their portion of the rent and Section 8 covers 2/3 of the rent. Total of $1,512. They owe 2 months rent now.
Often if the tenant is struggling they can go back to Section 8 and get section to cover 100% of rent.
- Member since 2023 · 27 posts · 3 votes3y
Quote from @Patricia Steiner:
Call their caseworker. There is an eviction process that is specific to HUD; the 'client/tenant's' voucher can be terminated for non-compliance. And, here's a harsh reality: you mean nothing to the tenant...their caseworker is the one with the power. Go to their caseworker (if you don't know who it is, look up the local office of '(city/county) Housing Authority' and call the office. Often times, the caseworkers are listed by their clients' last name.
Again, let the housing authority take care of this for you. It's faster - and the court will only push back to the case worker after you file. You gotta know how this works...and use it to your advantage.
Thank you, Patricia. I did get an advice from an eviction attorney here in MA a few days ago and they have told me that there is no point to contact their caseworker since they do not care about me, the landlord. But most of the comments here have agreed to escalate this to their caseworker and that is something I will do first thing tomorrow morning.
- Member since 2023 · 27 posts · 3 votes3y
Quote from @John Underwood:
Quote from @Salina Doe:
Quote from @John Underwood:
Quote from @Theresa Harris:
Why don't you talk to their case worker? They might be able to help them find another place. The risk of them losing their section 8 should be enough to make them want to move.
I agree with this.
Talk to their case worker first.
What is their share of the rent?
John, they are only paying $500 for their portion of the rent and Section 8 covers 2/3 of the rent. Total of $1,512. They owe 2 months rent now.
Often if the tenant is struggling they can go back to Section 8 and get section to cover 100% of rent.
Hey John, is this something I can request myself from Section 8 or would this have to come from the tenant? Thanks!
- 3yJohn UnderwoodPro MemberInvestor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
Quote from @Salina Doe:
Quote from @John Underwood:
Quote from @Salina Doe:
Quote from @John Underwood:
Quote from @Theresa Harris:
Why don't you talk to their case worker? They might be able to help them find another place. The risk of them losing their section 8 should be enough to make them want to move.
I agree with this.
Talk to their case worker first.
What is their share of the rent?
John, they are only paying $500 for their portion of the rent and Section 8 covers 2/3 of the rent. Total of $1,512. They owe 2 months rent now.
Often if the tenant is struggling they can go back to Section 8 and get section to cover 100% of rent.
Hey John, is this something I can request myself from Section 8 or would this have to come from the tenant? Thanks!
They should request this.
- Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes3y
That attorney just wants the joy of your billable hours. The caseworker/HUD know that without landlords -happy landlords - they are left with a bunch of homeless clients. The Housing Authority isn't out to alienate landlords nor cater to clients who violate their contracts with the Federal Government.
- Member since 2023 · 27 posts · 3 votes3y
Quote from @Patricia Steiner:
That attorney just wants the joy of your billable hours. The caseworker/HUD know that without landlords -happy landlords - they are left with a bunch of homeless clients. The Housing Authority isn't out to alienate landlords nor cater to clients who violate their contracts with the Federal Government.
Thank you, Patricia! I will take your advice and make sure their case worker is aware on what is going on.
- Attorney · Attleboro, MA · Member since 2015 · 412 posts · 165 votes3y
You indicated you spoke to an attorney. What else did that attorney tell you about evicting them? You can evict for non-payment of their share of the rent. You have to be sure to give Section 8 (or whatever program they are on) notice as well. You may want to proceed with terminating their tenancy instead. If you serve them notice of non-payment, they can always cure and that would end the eviction.
No matter which way you proceed, you need to start ASAP as it will take some time to get a mediation date and then an actual court date
- Member since 2023 · 27 posts · 3 votes3y
Quote from @Douglas Snook:
You indicated you spoke to an attorney. What else did that attorney tell you about evicting them? You can evict for non-payment of their share of the rent. You have to be sure to give Section 8 (or whatever program they are on) notice as well. You may want to proceed with terminating their tenancy instead. If you serve them notice of non-payment, they can always cure and that would end the eviction.
No matter which way you proceed, you need to start ASAP as it will take some time to get a mediation date and then an actual court date
Hi Douglas, I just spoke to my attorney and before meeting with him his soon to be ex-wife which is the head household of Section 8 confirmed that her soon to be ex-husband are using heavy substances as well as having squatters in the unit. My attorney has said it is extremely messy and possibly could have this hell of a tenant stay rent free with his junkie friends up to 6 months in the unit. Since they are section 8 recipients I have to abide by the HAP contract and not the original lease the seller had them signed. I have to send a new notice to quit to end the tenancy as my first notice was not legal. So my attorney is sending a constable to reissue a 30-day notice to quit - end of tenancy and then start the eviction process once the end date is up and they have not left the unit. I know they will not as this guy is extremely mentally unstable and getting his fix constantly. I see him going in and out random times during day and night and always very active at 3am.
- Attorney · Attleboro, MA · Member since 2015 · 412 posts · 165 votes3y
You should be able to evict them asap if there is criminal activity at the unit. Have the police been called?
- Member since 2023 · 27 posts · 3 votes3y
Quote from @Douglas Snook:
You should be able to evict them asap if there is criminal activity at the unit. Have the police been called?
Multiple times. I have called the police on him for noise ordinance at 3am and called the police on the trespassers. I just got a copy of the CAD report from my local police department and I couldnt request a more detailed report for some reason - front desk girl was very difficult. I will have my attorney request it. On the CAD report there were 17 incidents minus the 2 I have made in the past year. I was told by my attorney that there really isnt much I can do as he is a serious junkie if I dont have valid evidence. His soon to be exwife and ex stepdaughter reached out to me and sent a video of his stash but my attorney said it wont be any good since it doesnt have a recent timestamp on it or a video that he is using drugs in the unit. I am also occupying the unit above him and I am most likely going to be very familiar with the police officers from here on out until I can get this junkie out of my house.
- Member since 2023 · 1 post · 0 votes2y
Salina,
I am searching Google on the similar situation in MA for one of my rental unit, your post popped up. I am wondering if you were able to remove the tenant if so how and how long. If the case worker from Boston housing is ever a help. Greatly appreciate any of your follow up
- Member since 2023 · 27 posts · 3 votes2y
Quote from @Sharon Wu:
Salina,
I am searching Google on the similar situation in MA for one of my rental unit, your post popped up. I am wondering if you were able to remove the tenant if so how and how long. If the case worker from Boston housing is ever a help. Greatly appreciate any of your follow up
Hi Sharon,
Apologies for the late response. I did ended up evicting the tenant BUT did not go to court. I hired an attorney and was able to serve them the eviction notice via constable and luckily they ended up moving before the 60-day notice. It took about 3 months for them to vacate the premises after they were served and I was in communication with their case manager throughout the whole process. If they are still in your unit while you are evicting them, you should get partial rent from Section 8 during this time. I encourage you to inform the case manager, if you can get a hold of them, and let them know the situation that you are in. For me, the case manager was able to 'warn' the recipients that they will end up losing their voucher if they are not planning to pay the unpaid balance in backup rent or if they get evicted. Usually the recipients are afraid of this due to losing their voucher and not able to apply as a recipient ever again.
If I were you, I would connect with a few attorneys to see if they are willing to take your case and evict them ASAP.
Good luck & this won't last forever!
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