The tenant didn't pay for July's rent, after 14 day notice and summons paper (another week) he paid for July's rent the day before we would have filed the summary process. He hasn't paid August's rent. We have served him another 14 day notice on Aug 10th. We will probably serve him another summons (he then has another 7 days) before we can file on court. That will be somewhere in September and I am 100% sure he is not going to pay the rent for Sept.
It seems he likes to play this game. My constable told me second time I don't have to accept his rent and start eviction. Is that true that I can evict him by refusing his share of rent on the 14-day notice?
When is enough is enough?
It's enough now...here's the scoop on what you can do with a section 8 non-paying tenant:
"A Section 8 tenant can be evicted for non-payment of the tenant portion of rent. ... If the tenant has failed to pay their portion of rent, the landlord must provide him with the option to pay the overdue rent. If the tenant still fails to pay within the stated time period, the landlord may then continue with the eviction."
I recommend ending his game playing today; you gave him a 14-day demand and that has come and gone...so should he. Let him know that eviction proceedings have begun and that he will lose his voucher benefits as well. And, then wish him well and gone.
Thank you for your advice. I will proceed with eviction this time.
You probably won't have to go through with the actual eviction. Lots of times just getting possession is enough to keep a tenant - SEC 8 or otherwise - in check. Knowing you can evict without even going to court again is an incredible incentive to pay on time!
This tenant is very tough - he told his section 8 worker that he would fight me in the court in the first time I served him 14 day notice. Then he paid for July, now August rent is missing, etc. He is blind and has diabetes - he thinks he can get away with anything. He was arrested and jailed last year but released due to his "protected class"...