Investor · Manchester, CT · Member since 2016 · 34 posts · 10 votes
So when I purchased my first home (3 family) I inherited a tenant who happens to be section 8. It's a husband and wife with 3 kids (on the lease). Last night they informed me that he lost his job. Obviously that sucks for anyone but I guess in this instance at least the rent will now be paid in full going forward with no questions asked.
On top of this, lately I have noticed her 20 something year old daughter around quite a bit and have been having some suspicions about where she is living. Well last night when I was there I took a look at the boiler and I'm kind of almost certain now that she is living in the basement. Obviously this is in violation of their section 8 for starters but also it's a basement and I know damn well it's not a legal bedroom. So other than the obvious of tell them to kick her out or tell them to start packing who is liable here if something happens? What if the fire marshal catches wind of it? Am I going to be fined? If something happens sued?
I mean it's not like I really am in love with them as tenants but I also know it's January and if I get them out now it's probably going to be quite a few months before I can get someone else in there but yeah not exactly pleased with being in this situation.
Now that you are aware that someone is illegally living in the basement, you need to do something about it. When we have had similar situations, we have started with a letter to the tenant explaining that the additional person is not on the lease and may not live there, or explaining that the illegal space (a garage in our case) is not habitable, and that the situation must be rectified.
We follow up a few days later with the tenant for their "plan", which usually involves "oh, they are just there temporarily" or "they are looking for an apartment and will be out" or "can I add them to my lease and have them sleep on the couch?"
Within a couple weeks, if the problem is still not resolved, we serve a 3 day notice for violations of terms. We have not yet had to actually evict.
In one case we brib^H^H^H^H offered cash for keys to an inherited renter who had 2 unsavory not-on-lease friends living with them. We did this a day after we closed on the property, so we didn't go through the other steps listed above.
You are liable as the property owner for allowing individuals to live in a uninhabitable/unsafe situation. Trying to say you did not know they were there will not work since as the landlord it is your responsibility to know. I would give them written notice with 7 days to be compliant. The individual is not permityed to be their and legally you have th eright to have her out immediately. The more time you allow them th elonger you will be liable. Do a inspection in 7 days and if she is not out issue an eviction notice.