Section 8: Tenant having loud "Overnight Guests" , Report them?
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Joshua D.Pro Member
BiggerPockets Founder · HI · Member since 2008 · 16k+ posts · 5k+ votesThread closed.
150 Replies
- Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes13y
You might want to look at buying ear plugs or something similar. They make noise machines alsothat cancel other noises and help you sleep.
I have seen much, much worse with section 8. If you do not like section 8 then look at how you can change your life. Is there a career field for example that pays more money?? Can you go back to school and learn a trade in higher demand?? Can you budget better and get rid of bad debt??
You have to analyze how you ended up in this place through no fault of your own. Creating positive change happens in baby steps.
So I would look at if you are doing the budget and cutting to it's fullest then probably your job does not provide adequate income etc.
Unfortunately I think you will have limited to zero success on the baby issue. Section 8 case workers that I have called as a landlord cared less about any of that stuff.
- Westminster, CA · Member since 2012 · 86 posts · 0 votes13y
Okay, but maybe you don't know about Section 8 laws?
The laws in section 8 limited a certain amount of days they can have Overnight Guests.
For example, usually the laws say Overnight Guests can stay there 7 consecutive days. If the Guests are there overnight longer than 7 days, it is the tenant duty to report that to the manager.
Forget about the baby, let's talk about the Lease agreement. And I believe there are also a section 8 Hotline where to report unauthorize residents in your apartment if not report to the housing authority. - 13yJoshua D.Pro MemberBiggerPockets Founder · HI · Member since 2008 · 16k+ posts · 5k+ votes
As a former section 8 landlord, I'd definitely report these "overnight guests" to your landlord, especially if they are intent on sticking around.
I always had clauses in my leases that stipulate what a guest is. Someone who is planning on sticking around for more than a few days is definitely not an overnight guest and would have had to be on a lease to be able to stick around. Check your lease -- odds are, your neighbor has a similar one. See what it says.
That said, if your landlord just isn't taking care of your right to quiet enjoyment, you can file a complaint, but I'm not sure that a baby crying all night long would rise to the standard of someone ruining your 'quiet enjoyment' legally. Bottom line, if your landlord isn't providing a place where you are getting what you need, you may want to explore another place to live. There are plenty of section 8 landlords who do good by their tenants.
Good luck!
- Westminster, CA · Member since 2012 · 86 posts · 0 votes13y
Thank you!
The guests she having is staying there all day, all night, sleep there at night, so it qualify as an overnight guests. The guests and also an infant.
I have search around internet and many said that can be Fraud if it is not reported to the housing. Especially if you live in section 8 where each person income counts toward your rent. - Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes13y
Hi Eileen,
Yes I am very well aware of section 8 laws.
There is a difference between what the laws and rules are and how much success you will have in trying to get someone to do something about them.
Section 8 is administered on the local level for each state. There are properties where say for instance I own 30 units and rent 10 to section 8 tenants versus owning a 50 unit building where the whole complex is strictly section 8. Those types of buildings operate differently.
Is the building you are living in all section 8 or is it a mix of regular tenants as well??
You might get those tenants out eventually but someone else worse might move in so there is no guarantees. You could see if you could qualify for a section 8 house with no shared walls and move there for a more peace and quiet.
- Westminster, CA · Member since 2012 · 86 posts · 0 votes13y
Where I live is All Section 8, stated by the manager and every year there are a big HUD inspection come to inspect us and renew the contract.
Honestly, I don't know what my lease stated about "overnight guest". I never have this problem until now. I just want to be fair, if their guest is there consecutive, daily, overnight, she needs to report it to the housing. And if he housing approve her guests and put them on her lease then I will just have to accept the "crying baby" noise because they are authorize residents here.
But, she did not report to the housing, she said her "overnight guests" are there with her until they find a home. Come on, "until" they find a house, that can be months. And I believe no Section 8 laws allow you to have guest living in your house 24/7 for Months.I will ask my manager how many days do they allow overnight guests, and when the time are up and the guests still here, then I will report them.
There is a different between tollerate someone who are Legal resident at your complex. And tollerate unauthorize guests in neighbours house. Keep noted, they are using the Section 8 housing free gas, free water, and any damaged they done, the housing will have to fix it. - Brentwood, CA · Member since 2013 · 1 post · 1 vote13y
I will have to agree with Joel Owens when he says "You might get those tenants out eventually but someone else worse might move in so there is no guarantees".
However, you have every right to complain both to your landlord as well as the Housing Authority as long as your complaints are valid and within the regulations outlined by the Housing Authority.
First off, the Housing Authorities guidelines supersede your landlords rules and regulations.
Second, a "guest" is supposed to be reported to the Housing Authority within 5 days, but can stay at the residence for up to 30 days, either consecutive or sporadic inside of a 12-month period.
So basically, if the "guest" has not been there for more than 30-days, you don't really have much recourse unless the noise they are generating is out of line for a "normal" household. Noises such as babies crying are not grounds for complaints and due to the fact that children at that age cannot control their behavior, laws will not apply.
But with all of that said, I would definitely contact your landlord as well as the Housing Authority to at least inform them of the guest on the premises to help establish a starting point for the possible violation of the rules and regulation.
I hope this helps!
- Westminster, CA · Member since 2012 · 86 posts · 0 votes13y
Found it, according to Legal Aid where my housing section 8 is, it is say they can have daytime guests anytime as long as it in the day.
But they cannot have guests that sleep over , overnight guests more than 14 days.
So with this, I can report to the authorities if the guests are there after 14 days. - Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes13y
I'll speak as a past commissioner of a large PHA with Sec. 8, regardless of any landlord agreement concerning overnight guests, they can be reasonably limited so as not to provide housing, but a tenant has the right to quiet enjoyment as Josh mentioned, that also includes use of the property and your neighbor has the same rights.
It would only be a fraud issue if the tenant was sub-letting, collecting income, otherwise it is not fraud.
Josh hit on the other issue, since there is now bad blood, you might consider moving and just take your time in finding another place where you might have more peace.
If the neighbor was having wild parties that would be one thing, a crying baby is part of life.
You can certainly turn the matter over to the manager, probably best to do so and then stay out of it. OTH, making complaints about a crying baby probably won't be seen by the manager as reasonable, if they are not in violation of guest rules that are reasonable, and you may end up on the short end as the one who can't adapt to reasonable surroundings. Again, when those people do leave you proabably won't enjoy staying there, might consider something more suitable for you avoiding neighbor issues on the other side of a wall. :)
- Westminster, CA · Member since 2012 · 86 posts · 0 votes13y
Really? Then maybe I should move next door to you with a infant baby and have it cry on and off all night, and let see how you take it.
There is a difference between a legal residents there, and an guests who are not residents there.
I am paying the rent the same as my neighbours does, and if I am loosing sleep over her "guests" infant who does not report legally living here. Then I will get to the bottom of this, I take legal actions if I have to. - Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes13y
The nearest house to me is about 300 feet away, that's available :)
Really, I'm a very light sleeper, you can tell by the time I post when I'm awake, so I do understand.
As Joel suggested ear plugs, actually they work very well, at the lake I have bass boats screaming by all hours of the night and especially early in the morning, when it's good fishing weather, it's part of being there, so I'm the one who has to adapt. I use the soft gummy types, don't even notice them, it's just real quiet.
What you have gotten here is the reality, might not be what you want to hear.
You can complain as suggested here, just be aware that complaining can backfire.
I could urge you to go spend money with an attorney, but you did mention that finances were rather tight and the end result isn't worth your suffering more, the time putting up with a mad neighbor, the sleepless nights that brings, the anger and the outcome being all for nothing. No judge is going to grant you anything arising from a crying baby. Been there, seen that, worked through it with other tenants many, many times in a PHA. Best solution if you don't like where you are is to move. I know it's a pain but what is your happiness worth, get to someplace you can be better off. Good luck.... :)
- Westminster, CA · Member since 2012 · 86 posts · 0 votes13y
Fine, will see on Monday. There will be a call to the Housing authority and an complaint to the owner.
You right, no judge will care about a crying baby. But there are Section 8 housing laws written in the lease about the limitation a person allow can have overnight guest. That rules they have to obey as long as they still a section 8 resident.
And that rule the judge have to solve, and the housing authority have to make sure everyone who recieve section 8 voucher abide by this rule. - Member since 2011 · 798 posts · 216 votes13y
Um. You said overnight guests are allowed for 14 days.
After 14 days, you could complain about overnight guests beyond the limit.
With section 8, a crying baby would often be the least of your worries. At least there's not some thug next door. A crying baby is part of life, nothing you can do about it-- expect complaining about a guest more than 14 days.
I would do what you have to do to better your life, find a night/weekend job, and find alternate better housing asap. There's always going to be some sort of noise in apartments, especially low/no income housing. Crying babies, parties, drunks, low lifes, vagrants.
Read. Your. Lease. Carefully.
You say 14 days for guests, then 7 days, then you say you have no idea what your lease says. Read your lease carefully. With that said, I seriously doubt there's anything at all you can do about a crying baby. That's life. And, I'm not sure why your neighbors having guests over during the day affects you. Apartments contain people who live in them. People have guests. If they're having huge parties, complain. A few guests, that's life. And, I doubt there's all that much you can do to enforce the precise 14 days of overnight guests rule that you think exists. Complaining might help get them out in weeks, and not months, so perhaps it's worth a try. Of course, vagrants could be their replacement if they move... so it's your call and your gamble to take.
- Investor · Southeast, MI · Member since 2012 · 2k+ posts · 1k+ votes13y
I agree with Joel that you should try to improve your life.
I would recommend Dave Ramsey's book The Total Money Makeover. It walks you through the steps of setting up a budget to manage your money and get out of debt.
That subsidized housing is just a way for the government to hold you down and take your freedom away.
- Westminster, CA · Member since 2012 · 86 posts · 0 votes13y
1) No where in my post I write daytime guest. Please reread what I wrote. I say OVERNIGHT GUESTS!
2) Please know the difference between noise from an authorize tenant who on the lease that live in this housing, and noise from an overnight guest who is NOT on the lease.
3) According to section 8, you sign the lease, you better follow it. Tomorrow I will call housing authorities and they will tell me the rules about overnight guests.
4) If that baby want me to hear the crying all night, put that baby on the lease, it is her duty to report any guests who are staying overnight to the housing. If she don't report it, neighbors wil.
5) There no laws say that I am required to listen to an guests who is NOT a resident here make noise all night.
But there is laws that say limited guests since you are living under section 8. - Westminster, CA · Member since 2012 · 86 posts · 0 votes13y
And by the way, any section 8 housing have rules say you can have guests as long as your guests are not disruptive and bother the peace of others tenants.
And... according to HUD, you are not allow to bring in anyone to live with you unless first notice the housing or the owner.
And... section 8 are very strict with overnight guests rules. The 14 days overnight guests allow rule are taken from section 8 LEGAL AID.
And we will see tomorrow after I called the housing authorities and report them. And I can guarantee you, the housing authorities will make sure that anyone who recieve section 8 vouchers better follow the rules. - Westminster, CA · Member since 2012 · 86 posts · 0 votes13y
And John, excuse me, but the 14 days guests rules is not what "i think exists" , it EXISTS right here in the Legal AID
http://www.legalaidsmc.org/documents/Section8_Household_Composition.pdf
you welcome to read,
So I have a ground to complaint, and report. And for sure Housing authorities will solve. - Westminster, CA · Member since 2012 · 86 posts · 0 votes13y
I live in sunshine California, The neighbor of mine is Vietnamese, I am also Vietnamese. and I understand Vietnamese people very well. They tends to do undertable things alot, such as babysitting without reporting, and bringing people to live in their house without reporting. Cheating on welfares, lying on marriage to get passport to come to USA.
- Westminster, CA · Member since 2012 · 86 posts · 0 votes13y
I am not saying this family is doing undertable things, but I am saying if they sign the lease, they better follow the lease rules. ANd I will get to the bottom of this, including Legal AID if I have to.
There are other people out there who is honest and better waiting to get into section 8, instead of someone who abuse the rules. - Member since 2011 · 798 posts · 216 votes13y
Originally posted by Eileen N.:
1) No where in my post I write daytime guest. Please reread what I wrote. I say OVERNIGHT GUESTS!
2) Please know the difference between noise from an authorize tenant who on the lease that live in this housing, and noise from an overnight guest who is NOT on the lease.
3) According to section 8, you sign the lease, you better follow it. Tomorrow I will call housing authorities and they will tell me the rules about overnight guests.
4) If that baby want me to hear the crying all night, put that baby on the lease, it is her duty to report any guests who are staying overnight to the housing. If she don't report it, neighbors wil.
5) There no laws say that I am required to listen to an guests who is NOT a resident here make noise all night.
But there is laws that say limited guests since you are living under section 8.Regarding #1, you DO mention daytime guests as well.
I'll quote you:
The person who "rents" the apartment next to you is an authorized tenant. They can have daytime guests. They are also allowed overnight guests up to a certain limit. The baby you're complaining about has been there since last week. According to you, a tenant can have overnight guests up to 14 days. So, the "baby" that is crying is authorized up to 14 days. Thus, you're stuck with the baby crying, at least for 14 days and/or until your complex management and/or housing authority enforces some overnight guests rule limit.
It's section 8 housing. A crying baby would be the least of things I would worry about there. Earplugs are your friend.
- Member since 2011 · 798 posts · 216 votes13y
Originally posted by Eileen N.:
Really? Then maybe I should move next door to you with a infant baby and have it cry on and off all night, and let see how you take it.
There is a difference between a legal residents there, and an guests who are not residents there.
I am paying the rent the same as my neighbours does, and if I am loosing sleep over her "guests" infant who does not report legally living here. Then I will get to the bottom of this, I take legal actions if I have to.Um. You said they've been there since this last week. That's not 14 days yet, and according to you, they can have overnight guests for 14 days... baby & all.
- Member since 2011 · 798 posts · 216 votes13y
Originally posted by Rob K:
I agree with Joel that you should try to improve your life.I would recommend Dave Ramsey's book The Total Money Makeover. It walks you through the steps of setting up a budget to manage your money and get out of debt.
That subsidized housing is just a way for the government to hold you down and take your freedom away.
Total Money Makeover is a good book.
I would also say... get a night and weekend job, work extra hours, have a garage sale, save up and pay for rent somewhere and get roommates, find some way to support yourself. I don't know about taking freedom away, but then again, I fear we'll turning into a welfare state if we're not careful.
- Westminster, CA · Member since 2012 · 86 posts · 0 votes13y
By the way Joh, maybe you not in section 8 so you don't know the strict rules to section 8.
And tomorrow I will called Housing authorities and talk to them and talk to the manager, and I will let you know who they will side with on this issue. Ha ha! - Westminster, CA · Member since 2012 · 86 posts · 0 votes13y
Update, and just to let Jon know
Called Housing Authorities this morning, they said "any overnight guests that NOT reporting to the housing is VIOLATION OF THE LEASE". They told me to report to the manager and if the manager don't solve it, they will solve it.
Talk to the manager, the manager say "Don't worried, for sure they will be getting a LETTER from me, and I will make sure they follow the lease." And she said give her 48 hours to solve this and will get back to me.
So ha! Finanlly I can have peace and get rid of UNAUTHORIZE overnight guests who are NOT reported living in section 8.
And I was told I can take actions if the guests are NOT OUT after the limitation.
