Section 8 Eviction.

13 Replies

I have a section tenants who has really been a pain in my A**, can somebody advice me with my current situation.

My Section 8 tenant was kicked out of the program for fraud charges during the month of May . So I was cut out of my rent for the month May and June as 100% was paid by section 8. 

Her lease was anyways ending during month of may, so I asked her to move out, As per the lease, I had the right over the property after the lease term and it does not auto convert to month to month. 

Finally when it was May 31st, she said she will not move out and asked me to file eviction. So I filed the eviction.

During the eviction, she brought up that she had hearing with section 8 the next day and so the judge asked us postpone the hearing to next week.

Today I get a service request from her about her AC not working. How do I handle this situation.  And another question how do I evict a section 8 tenant.

Please advice.

Thanks

Anil

Hello,

Any advice in this matter is greatly appreciated.

Thanks

Anil

Maintain the unit as you would otherwise.  Continue to follow through with the eviction process.

@Andrew Fidler Any comments?

Contact the housing authority and get something in writing from them that says she is kicked out of the program.  I think she lied to the judge.  So, when you go back to court again to evict her, you will have a document that says she is kicked off Section 8.

Honestly, I think you should take the next step to get her evicted, whatever that is.  And I would not fix her A/C.   It is probably not required by law for you to provide her with A/C.  I'd wait to see if some authority told me to fix it.  Let her sweat.

For her to get anyone to force you to fix the A/C, it will take time.  What's the worst thing that can happen?  Some authority tells you to fix it.  If and when that happens, then fix it.

And stop taking calls from her or responding to her in any way, except as required to do the eviction.

At any rate, that's what I'd do.

Fix the AC unit? HELL NO.

As Sue says, what's the worst that can happen? Code violation? Doubt it.

Nope, get that eviction notice on her ***, and enjoy watching the cops throw her out. And as she's leaving the apartment with her stuff, that's when you have your ac man come in to fix the unit. If you have to pay him $100 to sit there and watch her stuff leave, before he can go in, enjoy every moment. Can't get that entertainment on pay TV.

S8 here, btw, do not like people who have evictions on their record.

I'd advise her that once an eviction has been filed, she will have a hard time renting any other place. Your probably not gonna like this but what I would do is offer her cash to move by a certain date. This way she gets money to leave, you avoid the headache and costs of eviction and hopefully she doesn't damage your place on the way out. Which she might do if you were to evict her. Believe me you'll save more money by offering her 1,500 to move out. Good luck
Hah, I'd contact an attorney so you have legal advice about the ac. That would not look good in front of judge that you are trying to "cook" her out if you will.

Anil, do you have access to the apartment?  If so, take pictures as soon as you can, before she moves out.  You may need it for your next court date. 

If you don't have access, get the AC fixed (you will have to do it sooner or later) and go inside with the repairman and THEN take pictures.

If the court date was May 31st and the judge postponed it to next week, what is the status now?  Did he/she tell you to file another eviction?  The original should still stand if it was a postponement.  Why would you have to file a second eviction?  Section 8 or not, the process is the same. 

A/c is luxury in Illinois as well as hot water...not a necessity. Don't know what it is where you are but seems as though she has no case.
Originally posted by @Missy H. :

Anil, do you have access to the apartment?  If so, take pictures as soon as you can, before she moves out.  You may need it for your next court date. 

If you don't have access, get the AC fixed (you will have to do it sooner or later) and go inside with the repairman and THEN take pictures.

If the court date was May 31st and the judge postponed it to next week, what is the status now?  Did he/she tell you to file another eviction?  The original should still stand if it was a postponement.  Why would you have to file a second eviction?  Section 8 or not, the process is the same. 

 Obviously the process varies widely state to state, and I have no experience with Florida, but it seems that you should be able to continue with the original eviction, as proceedings were just postponed. 

As for whether she lied in court, it is definitely possible to have a voucher revoked, but still have a hearing about the revocation with the PHA after the end date. If a voucher holder plays out all their hearings/appeals, it can drag on for 2-3 months past the end of the voucher. If they end up winning (not that that ever happens), the PHA covers what they would have paid for the interim period as if the voucher was never revoked.

Now, it is my wholly non-legally trained understanding that in the meantime, the tenant is still responsible for 100% of the rent (as they signed the lease and have lost their assistance). The judge SHOULD be more sympathetic to you as she is on the hook for unpaid rent, end of story. That said, he probably doesn't have a great understanding of Section 8 appeal workings and thus probably thinks there a decent chance she could win and the situation is resolved for everyone without an eviction. 

As for the AC, do what you legally have to and nothing more. No sense in giving her ammo for the eviction judge, be that next week or next month. 

Thank you every one the valuable information. You guys rock. 

Here are the events that happened in regards to this eviction and repair.

I talked to my lawyer and he advised me to repair the AC. So I had the AC fixed.

I had the hearing today and we settled the eviction as follows

  • Tenant settled with the Section 8 about the fraud case and hence section 8 would pay me in retrospect.
  • Tenant would be moving out at the end of the month.
  • I have sent emails to the section 8. I hoping to hear back tomorrow.

I will try to write a blog on the whole experience of purchasing this property and inheriting the section 8 and current challenges I am going through.

Thank you again.

Thanks for the follow up info. A blog post would be interesting in case any of us have to go through that process later on. Good luck.
Originally posted by @Anil Villamkandathil :

Thank you every one the valuable information. You guys rock. 

Here are the events that happened in regards to this eviction and repair.

I talked to my lawyer and he advised me to repair the AC. So I had the AC fixed.

I had the hearing today and we settled the eviction as follows

  • Tenant settled with the Section 8 about the fraud case and hence section 8 would pay me in retrospect.
  • Tenant would be moving out at the end of the month.
  • I have sent emails to the section 8. I hoping to hear back tomorrow.

I will try to write a blog on the whole experience of purchasing this property and inheriting the section 8 and current challenges I am going through.

Thank you again.

 Sounds like things ended up as well as they could. Glad that it looks like you'll be done with the headache soon!

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