I own & occupy a multi family/duplex & have a section 8 tenant on a month to month contract. I want tenant out to up grade unit. how can I remove her without eviction?
When someone's on a month-to-month contract, you usually just have to give them 30 days notice. It may be longer based on your local laws and how long the individual has lived in the unit.
What state are you in?
Keep working with the section 8 office and make sure you go through all of the motions that are required to get rid of her. File an eviction as soon as you can.
If you are on a month to month lease, I would just give them a notice to vacate. That's the whole point of a month to month I would like to think.
I don't participate in the S8 program and these might be local requirements, but I thought S8 required one year leases? Also, I believe you need to provide S8 tenants with 90 day notice of non-renewal.
As mentioned above 90 days is typically the requirement for section 8 tenants, and make sure you receive proof of service from Section 8 and the tenant so that no one can dispute it late.
That being said if this is a multi family unit situation that creates some different requirements. Also COVID guidelines are inhibiting the ability to serve notices to vacate unless there is a tenant fault just cause.
Finally if the tenant decides not to cooperate and vacate on the termination date evictions are still on hold and not much can be done.
It may be best to ride it out for a short while longer until landlord/tenant laws stabilize.
@Deshawn Maull Depends on where the property is. I see you are in Vallejo. I used to be stationed there when I was in the Navy. You also need to check the guidelines for Section 8 because if you simply say, "I want to evict them to upgrade the unit" they may take that as nonsense, especially here in the Bay Area where they are STRONGLY encouraging any Section 8 landlord and tenant to "work out any disputes" until the moratorium is completely lifted.
Ok got it! Thank you guys so much for you knowledge, I will follow your advice.