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General Landlording & Rental Properties

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Alissa Engel
  • Great Falls, MT
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What is the process for removing an inherited Section 8 tenant?

Alissa Engel
  • Great Falls, MT
Posted Jul 11 2019, 23:08

I’ve never rented to a section 8 tenant, and this experience is solidifying my choice on the topic.

I’m purchasing a tri-plex and a duplex with a 1031. The tri-plex has one problem renter that we required be evicted prior to closing.

Problems:

1. The unit has a heavy cat urine smell. I don’t allow cats. Again, this is why.

2. She has her 19 year-old grandson living with her. He doesn’t work, doesn’t go to school, and isn’t on the current lease.

3. Our plumber found a meth pipe in her basement laundry room. I’m pretty sure it belongs to the teenage grandson, but the laundry is shared with another unit (been vacant for 6 months). Technically, it could have been there awhile, but there have also been beer cans and “hippy lights” hung each time we visit....just seems like he parties/hangs out down there.

4. The unit really needs an overhaul, and we could double the current rent.

We were scheduled to close on the 8th (her 30 days were up on the 7th). But she hasn’t lifted a finger to get out. We paid for a rate lock extension ($300) and refused to close until she is out.

The seller owns it out-right. He is well off and doesn’t need the money. His partner (lives across the country) lost all his retirement in the last crash, so I assume he needs the money. We only deal with the first seller as he is local and manages the property (poorly). He is checked out and not engaged. When we query him; he says, “As far as I know, she’s making progress.”

He doesn’t seem to care when we close. My husband is the realtor, so he is in-contract with the tenant. It’s sob story after sob story.

I’ve never had to evict ANYONE in 17 years of LLing.

How do we evict a section 8?

Are there any different rules? Any gotchas?

I’m about to do everything I can to make her life miserable, but technically, I’m not her landlord yet. Could a formal eviction cause her to loose her voucher? Could the drug paraphernalia cause her to lose the voucher? And yes, I am not above threatening to “tattle” on her to the state if she doesn’t leave.

Would you recommend holding out longer to get the seller to follow-through OR would you just close and deal with it? We do have the 1031 timeline to follow but our “clock” just started on the 8th.