Need advise on a section 8 tenant fiasco

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Need advise on a section 8 tenant fiasco

Talha K.
Los Angeles, CA · Member since 2013 · 19 posts · 0 votes

Hi BP Family,

I have a very pressing situation that I'm facing right now with one of my tenants. The tenant is section 8, and all the rent comes from their voucher, they don't pay anything themselves. We inherited them at the sale of the property. Ever since we bought the property this particular tenant has been a constant source of pain for us. 

Most recently we had a section 8 inspection where the inspector noted multiple issues (primarily because the tenant specifically pointed those out to the inspector) which need to be fixed. The whole fixing process with take around 3-4 weeks and would cost us around 6K. Our problems is this, even though we muster up the courage to get everything fixed, I have a feeling this tenant will keep on giving us headache one way or another, by either breaking something and asking for us to fix it or asking the city to do unscheduled inspections (which they have done in the past) to point out random problems giving us a contest source of stress. We would really like for them to move out so we can rent this unit to someone who will take care of the unit and frankly doesn't hate us like this person does. I know that according to section 8 rules if we are unable to fix the deficiencies in a specific allowed amount of time we will have rent abatement and Section 8 will ask the tenant to find another place to live. I believe they give 120 days (4months) for the tenant to move out and find a different place, at the end of which either the tenant moves or loses their section 8 voucher. Considering this particular tenant has some underlying psychiatric issues, there is a possibility  that they may not want to move when given such notice. My question is, if it does come to that, and the tenant is not moving out, do we stand a chance to get him evicted through court, considering we didn't fix the deficiencies? If they decide to move in fear of losing their voucher, it will be a win win situation for both of us. You can tell how desperate I'm for them to move out I'm willing to sacrifice 4 months rent to achieve this.

Any previous experiences in this regard would be really helpful and any advise would be greatly appreciated. Should we just keep on spending money on this unit and keep on putting thing together and get bullied at the hands of this tenant, or should we take a stand and be ready to face consequences (is it worth the damages)?

 I thank you for reading my story, 

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Mike Makkar
Investor · Plano, TX · Member since 2014 · 188 posts · 149 votes
10y

Hi @Talha K.

I deal with Section-8 tenants. Couple of suggestions

- Since you recently acquired the property with a tenant, she is "testing" your property management commitment. I suggest starting a conversation of mutual respect and sign a draft a new lease as the new landlord. Specify reasonable items that you'll fix as a landlord and what maybe unreasonable. And loosely suggest that some items are beyond your scope to support the entire section-8 criteria and that she'll need to look at alternative housing. Not all landlords support section-8, so hopefully she'll get the message  

- Section-8 tenants (especially people under the Walker program) have certain say in increasing the rent rates for their landlords. One of my tenants requested for a 20% rent increase mid-year, which helped with my rebates as a landlord. It pays to be in better terms with the good tenants.

- Start talking to the local housing authority and your tenant's case worker and find out about previous landlord issues and ask for their suggestion as well.

Good luck!

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  • Mike Makkar
    Investor · Plano, TX · Member since 2014 · 188 posts · 149 votes
    10y

    Hi @Talha K.

    I deal with Section-8 tenants. Couple of suggestions

    - Since you recently acquired the property with a tenant, she is "testing" your property management commitment. I suggest starting a conversation of mutual respect and sign a draft a new lease as the new landlord. Specify reasonable items that you'll fix as a landlord and what maybe unreasonable. And loosely suggest that some items are beyond your scope to support the entire section-8 criteria and that she'll need to look at alternative housing. Not all landlords support section-8, so hopefully she'll get the message  

    - Section-8 tenants (especially people under the Walker program) have certain say in increasing the rent rates for their landlords. One of my tenants requested for a 20% rent increase mid-year, which helped with my rebates as a landlord. It pays to be in better terms with the good tenants.

    - Start talking to the local housing authority and your tenant's case worker and find out about previous landlord issues and ask for their suggestion as well.

    Good luck!

    1Reply
  • Talha K.
    OP
    Los Angeles, CA · Member since 2013 · 19 posts · 0 votes
    10y
    Originally posted by @Mike Makkar:

    Hi @Talha K.

    I deal with Section-8 tenants. Couple of suggestions

    - Since you recently acquired the property with a tenant, she is "testing" your property management commitment. I suggest starting a conversation of mutual respect and sign a draft a new lease as the new landlord. Specify reasonable items that you'll fix as a landlord and what maybe unreasonable. And loosely suggest that some items are beyond your scope to support the entire section-8 criteria and that she'll need to look at alternative housing. Not all landlords support section-8, so hopefully she'll get the message  

    - Section-8 tenants (especially people under the Walker program) have certain say in increasing the rent rates for their landlords. One of my tenants requested for a 20% rent increase mid-year, which helped with my rebates as a landlord. It pays to be in better terms with the good tenants.

    - Start talking to the local housing authority and your tenant's case worker and find out about previous landlord issues and ask for their suggestion as well.

    Good luck!

     Thanks Mike,

    This particular individual has some severe psychiatrist issues and despite us making every effort to keep them happy, there has been no success. I have 4 other section 8 tenants and never failed an inspection and never had any rent abatement with any of them. I feel I'm at my wits end with this tenant. Thanks for sharing your experience, i appraise your input.

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  • Curtis BidwellPro Member
    Rental Property Investor · Olympia, WA · Member since 2014 · 777 posts · 744 votes
    10y

    @Talha K. I have worked with s8 for many years in 3 different jurisdictions.  Sometimes it just isn't worth making repairs until the unit is empty.  

    Simply inform S8 that you, unfortunately, aren't going to be able to make the necessary repairs in a timely fashion but will be glad to facilitate her transition. 

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  • Talha K.
    OP
    Los Angeles, CA · Member since 2013 · 19 posts · 0 votes
    10y
    Originally posted by @Curtis Bidwell:

    @Talha K. I have worked with s8 for many years in 3 different jurisdictions.  Sometimes it just isn't worth making repairs until the unit is empty.  

    Simply inform S8 that you, unfortunately, aren't going to be able to make the necessary repairs in a timely fashion but will be glad to facilitate her transition. 

     Thanks Curtis,

    This sounds very encouraging. I will contact the section 8 advisor for the tenant tomorrow to work out a solution. I appreciate your input.

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  • Talha K.
    OP
    Los Angeles, CA · Member since 2013 · 19 posts · 0 votes
    10y

    @Curtis Bidwell does it make any difference if the property is rent controlled? Can I proceed the same way?

    Thanks 

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  • Curtis BidwellPro Member
    Rental Property Investor · Olympia, WA · Member since 2014 · 777 posts · 744 votes
    10y

    @Talha K. I've never dealt with rent control, but I believe that has more to do with the rate of rent increases rather than forcing you to do maintenance/repairs (though there are certain repairs for safety, etc that must be done timely).  I have a notice from S8 that I'm working on right now.  They have set a date for re-inspection and it says, "or we will be required to suspend the assistance payments until the deficiencies are cleared." Once they pull funding the resident will either have to find a new place or pay on their own. 

    In my jurisdiction the Tenant Landlord Law gives me some latitude, RCW 59.18.070 states,  "If completion is delayed due to circumstances beyond the landlord's control, including the unavailability of financing, the landlord shall remedy the defective condition as soon as possible."  For a $6k repair, it could reasonably take a couple weeks to arrange financing - if my credit is good, schedule a contract, delay, get permits, delay, delay, do the work, etc...! 

    I had a tenant that created a fire (mostly smoke and water damage from a fire sprinkler).  We told him it was going to take a couple months to get his unit repaired (clean up, permitting, scheduling contractor, etc) and he should find another place.  In actuality, we had the unit ready in 3 days (clean out, dry out, paint, carpet, new stove).

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  • Brandon Battle
    Real Estate Agent · Buena Park, CA · Member since 2016 · 743 posts · 424 votes
    10y
    Tasha,have considered good old fashioned bribery? Find out what it would take to get them to move out as soon as they are able to do so.Tell them you will pay their moving expenses and some cash money on top of it.Not a cheap solution but it will rid you of the headache once and for all.
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  • Talha K.
    OP
    Los Angeles, CA · Member since 2013 · 19 posts · 0 votes
    10y

    @Curtis Bidwell 

    @Brandon Battle

    I'm hoping the cash for key strategy works and they can just leave amicably. If not, I will have no option but to fail the inspection hoping that the fear of them losing their sec benefits will make them move. It's a crazy world out there. Lesson learnt never invest in RSO property, at least not in Socal.

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