Giving Section 8 Notice to Leave

3 Replies

So I haven't been the best 'landlord' or 'investor' so to speak.  I currently live in my own three family house.  I have been renting to tenants since I have owned it, October 2017, that happen to be section 8.  Due to the fact that I would like to get into that side and renovate, I decided I was not going to renew their lease when it ended Aug. 31st.  I gave them notice (verbally and through letter) of this back in April because they have kids and I was trying to be nice about it. 

To be fair, they have been looking (confirmed by housing authority), but they did not find a place by the end of their lease (I won't get into the obvious reasons why).  Housing authority needed me to say it could go month to month so that I could receive the money despite it saying so in the lease.  

I am trying not to have this drag out forever and Housing Authority told me just give them a date.  After that it's up to me to evict them.  I'm thinking of saying I need them out by Jan 1st.  Is there anything I need to be aware of in this? If they stay past that date and I start eviction proceedings do I not get the rent at that point? Is there any obligation on my part to let them stay because it will be mid winter?

@Michael Cavicchi

Oh man that is a tough situation to be in, am a new investor so I won’t try to give you bad advice and I can’t wait to hear what pro investors say but that is a rough place to be in as a landlord I imagine.

@Michael Cavicchi - I can't speak to Connecticut laws,Winter evictions, etc... as I'm in NC. But how I'd handle this in my area is to provide notice prior to lease end that we will not be renewing and will require the tenant to vacate. Minimum notice of that would be 30 days, but great to provide 60 or 90 days where possible - as it appears you did. I would require confirmation they will be vacating 30 days out, and I would indicate that if occupancy continues beyond lease end, that it will be on a month-to-month basis at a greatly increased rent (whatever is allowed in your state for rent increase or maybe 10%).

Beyond that, it is up to you how long to allow the month-to-month tenancy to continue, but I would time my actions to avoid evicting between November to February if possible. It may look bad, it may be illegal in your area, and it is a hard time to get a decent replacement tenant. And with this handling, at least you are getting increased rent during the Winter. Now if they fail to pay, then all bets are off and I would file eviction at anytime in that case - local law permitting.

Just note that it can be hard for a Section 8 Tenant to find a new home on short notice - if at all.

If you give a tenant on SEC 8 enough time, unless they are seriously mentally challenged or deranged, they will find someplace to go to avoid eviction. If you evict, they lose their voucher.