Evicting section 8 tenant
Member since 2022 · 17 posts · 10 votes
Evicting section 8 tenant
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Rental Property Investor · Malvern, PA · Member since 2016 · 1k+ posts · 934 votes
3yYou should have copies of the landlord-tenant lease and Section 8 lease. Those are your governing documents. You should be able to request a copy from the local Section 8 office. Follow the lease termination procedures in those docs.
Section 8 requires a 60 day written notice. You can't evict them until that time elapses and they are still there. It should be easier after 60 days because they no longer have a lease. You have a major power over the tenant at this point: an eviction or leaving the property owing you money could result in the tenant losing their Section 8 voucher and having to wait years to get a new one. Your Section 8 case manager might be able to help explain that to your tenant to move them along.
You can make a request to Section 8 to raise the rent. Talk with your case manager about that. Evaluate your local market to determine fair market rent for your property. Look up what Section 8 thinks is fair market rent and make a request. Section 8 will then approve something after talking with the tenant to see what they can afford. You can decide to keep it or not.
27 Replies
- Rental Property Investor · Malvern, PA · Member since 2016 · 1k+ posts · 934 votes3y
You should have copies of the landlord-tenant lease and Section 8 lease. Those are your governing documents. You should be able to request a copy from the local Section 8 office. Follow the lease termination procedures in those docs.
Section 8 requires a 60 day written notice. You can't evict them until that time elapses and they are still there. It should be easier after 60 days because they no longer have a lease. You have a major power over the tenant at this point: an eviction or leaving the property owing you money could result in the tenant losing their Section 8 voucher and having to wait years to get a new one. Your Section 8 case manager might be able to help explain that to your tenant to move them along.
You can make a request to Section 8 to raise the rent. Talk with your case manager about that. Evaluate your local market to determine fair market rent for your property. Look up what Section 8 thinks is fair market rent and make a request. Section 8 will then approve something after talking with the tenant to see what they can afford. You can decide to keep it or not.
- Member since 2022 · 17 posts · 10 votes3y
Quote from @James Mc Ree:
You should have copies of the landlord-tenant lease and Section 8 lease. Those are your governing documents. You should be able to request a copy from the local Section 8 office. Follow the lease termination procedures in those docs.
Section 8 requires a 60 day written notice. You can't evict them until that time elapses and they are still there. It should be easier after 60 days because they no longer have a lease. You have a major power over the tenant at this point: an eviction or leaving the property owing you money could result in the tenant losing their Section 8 voucher and having to wait years to get a new one. Your Section 8 case manager might be able to help explain that to your tenant to move them along.
You can make a request to Section 8 to raise the rent. Talk with your case manager about that. Evaluate your local market to determine fair market rent for your property. Look up what Section 8 thinks is fair market rent and make a request. Section 8 will then approve something after talking with the tenant to see what they can afford. You can decide to keep it or not.
Yup, it has been 60 days already. I "considered" keeping them but I never withdrew my 60 day notice. Tenant is insisting I need a reason to terminate lease, and he was under the impression he could stay. We never promised to let him stay.
I have the original lease and the latest contract from CMHA from 2020. These are all from the previous owner.I never signed anything with the tenant.
Tenant is also the caregiver of a child, but the child isn't listed as an occupant.
Do you have experience evicting a section 8 tenant in Columbus area?
- Rental Property Investor · Malvern, PA · Member since 2016 · 1k+ posts · 934 votes3y
I am in PA, so no OH experience.
My recommendation is to hire an attorney local to Columbus with eviction experience. Getting the procedures right is critical and don't want to rely on an Internet discussion group with no skin in the game and thousands of your dollars at risk. For example, if you continue accepting rent payments, your 60 day notice may be nullified depending on OH laws.
https://www.nolo.com/legal-encyclopedia/the-eviction-process...
- 3yTheresa HarrisPro MemberMember since 2019 · 15k+ posts · 11k+ votes
Have you talked to their caseworker? I'd start there. Children under 18 are usually not listed on the lease (perhaps they are for section 8, but not normal leases).
- Investor · Pittsburgh, PA · Member since 2015 · 1k+ posts · 1k+ votes3y
@Emily Chen I dont think you need an attorney yet. Find out when the lease ends and give them notice that you are not going to renew. Just suck it up until then. You can call section 8 but they are not much help. At least they are not much help here in Pittsburgh PA. Inherited tenants are a real pain point for all of us. You never know what you are getting. I would agree with @James Mc Ree and review his comments also
- 3yRemington LymanBusiness MemberReal Estate Agent · Columbus, OH · Member since 2017 · 6k+ posts · 7k+ votes
Quote from @Emily Chen:
So I bought a rental property last year in Columbus and inherited the tenants. Fast forward, this year, I gave them a 60 day notice. I said I would consider keeping them if they could raise the rent, but I never guaranteed anything. they have been on month to month lease for years. Now we are going to eviction court, the tenant continues to harass me and sends me unwanted texts/calls. The tenant is telling me that I can't terminate the contract with section 8. Anyone in this situation before? Is the court in Columbus landlord friendly? Specifically Franklin County?
I would highly recommend using an eviction attorney. They are landlord friendly but if you do not know what you are doing then the tenant could win
- Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes3y
The main thing is that YOU NEED TO KNOW. @Alex Deacon is right about what's the best idea in PA and how difficult it is to work with, especially, the Housing Authority of the City of Pittsburgh these days. But your case, right here?
The tenant is telling you what the law is, and you're asking us to verify it. Do you see what's wrong with this picture? You need to do whatever you have to do to learn to law so that you know what you're doing instead of entertaining the tenant's beliefs, lies, or fantasies. Why are you asking if the court in Columbus is landlord-friendly? WHICH court? I'm sure Franklin County has at least a dozen local magistrates, just like us here in Pittsburgh. This is all information you should have researched when you bought, not now.
Granted, I understand at this point you're just putting out feelers, But you should be planning on talking to a local lawyer and looking at sites like these: http://www.fcmcclerk.com/faq/civil/evictions. - Member since 2022 · 17 posts · 10 votes3y
Quote from @Alex Deacon:
@Emily Chen I dont think you need an attorney yet. Find out when the lease ends and give them notice that you are not going to renew. Just suck it up until then. You can call section 8 but they are not much help. At least they are not much help here in Pittsburgh PA. Inherited tenants are a real pain point for all of us. You never know what you are getting. I would agree with @James Mc Ree and review his comments also
The original lease was signed in 2013, and it's a month to month right now but tenant is insisting I have a contract with section 8 still. My property management company has an attorney on staff.
- 3yPatrick DruryBusiness MemberReal Estate Agent · Columbus, OH & Cleveland OH · Member since 2021 · 1k+ posts · 2k+ votes
@Emily Chen
Talk to an eviction attorney and remove the tenant. I would recommend not listening to what tenants tell you. They are not attorneys and are just trying to keep you from removing them. - Member since 2022 · 17 posts · 10 votes3y
Quote from @Patrick Drury:
@Emily Chen
Talk to an eviction attorney and remove the tenant. I would recommend not listening to what tenants tell you. They are not attorneys and are just trying to keep you from removing them.i'm letting my PM take care of the eviction and communication. I told the tenant NOT to text or call me, but they aren' t listening. can't even tell me name of their attorney. So I am going to file a harassment report... just so there's a record.
- 3yTheresa HarrisPro MemberMember since 2019 · 15k+ posts · 11k+ votes
Quote from @Emily Chen:
Quote from @Patrick Drury:
@Emily Chen
Talk to an eviction attorney and remove the tenant. I would recommend not listening to what tenants tell you. They are not attorneys and are just trying to keep you from removing them.i'm letting my PM take care of the eviction and communication. I told the tenant NOT to text or call me, but they aren' t listening. can't even tell me name of their attorney. So I am going to file a harassment report... just so there's a record.
Can you block her number?
- 3yMichael SmytheBusiness MemberReal Estate Agent · Metro Detroit · Member since 2023 · 4k+ posts · 3k+ votes
What are state and local requirements for an eviction? Do you need a reason other than wanting the property back?
You could also shut the tenant up by sending them a 60-day notice the rent is going to market rent. Then they have to agree to pay or move.
Either way, it appears this tenant won't move until forced out.
What did the tenant's S8 caseworker state about all this? Often they can put pressure on the tenant to move under threat of losing their S8 voucher.
NOTE: most S8 caseworkers will abate the rent once they find out you are eviction a S8 tenant.
Logical Property Management4.9446 Reviews - Member since 2022 · 17 posts · 10 votes3y
Quote from @Patrick Drury:
@Emily Chen
Talk to an eviction attorney and remove the tenant. I would recommend not listening to what tenants tell you. They are not attorneys and are just trying to keep you from removing them.Well luckily CGI called me back within 24 hours. The caseworker needed to double check with supervisor. She's not even sure if it's an annual contract, I told her it's month to month, and it appears that section 8 didn't know that there was a child in there... Which is a violation, possibly losing the voucher. And I reported the tenant for harassment and not cooperating with the maintenance protocol
- Member since 2022 · 17 posts · 10 votes3ySection 8 called me again, my PM had done everything properly, and we will have to go to court. Section 8 caseworker urged me to keep everything on record so that it can be presented as evidence if needed. I called CGI on Friday and left a message, CGI calls you back within 24 hours, which they did this time. And I was told to fill out a stop payment form.
Quote from @Michael Smythe:
What are state and local requirements for an eviction? Do you need a reason other than wanting the property back?
You could also shut the tenant up by sending them a 60-day notice the rent is going to market rent. Then they have to agree to pay or move.
Either way, it appears this tenant won't move until forced out.
What did the tenant's S8 caseworker state about all this? Often they can put pressure on the tenant to move under threat of losing their S8 voucher.
NOTE: most S8 caseworkers will abate the rent once they find out you are eviction a S8 tenant.
- Real Estate Consultant · Cleveland · Member since 2020 · 6k+ posts · 3k+ votes3y
Quote from @Emily Chen:
So I bought a rental property last year in Columbus and inherited the tenants. Fast forward, this year, I gave them a 60 day notice. I said I would consider keeping them if they could raise the rent, but I never guaranteed anything. they have been on month to month lease for years. Now we are going to eviction court, the tenant continues to harass me and sends me unwanted texts/calls. The tenant is telling me that I can't terminate the contract with section 8. Anyone in this situation before? Is the court in Columbus landlord friendly? Specifically Franklin County?
ok 1ST OFF, why are you not raising the rent ? I get rent increases monthly ( 100s of tenants) 2ND if you want them gone their gone. Tenant does not call the shots. Just have your attorney file and tell sec 8 you DO NOT want any more rent. 3RD, HIRE a PM co, why would you want to deal with this, PM fees are meaningless,
BTW, this is exactly what what you should tell the tenant. Keep harassing me and " I will report you, and you very well may lose your free ride" watch how fast they stop, god forbid they have to get a job,
All the best
- Member since 2022 · 17 posts · 10 votes3y
Quote from @Bob S.:
Quote from @Emily Chen:
So I bought a rental property last year in Columbus and inherited the tenants. Fast forward, this year, I gave them a 60 day notice. I said I would consider keeping them if they could raise the rent, but I never guaranteed anything. they have been on month to month lease for years. Now we are going to eviction court, the tenant continues to harass me and sends me unwanted texts/calls. The tenant is telling me that I can't terminate the contract with section 8. Anyone in this situation before? Is the court in Columbus landlord friendly? Specifically Franklin County?
ok 1ST OFF, why are you not raising the rent ? I get rent increases monthly ( 100s of tenants) 2ND if you want them gone their gone. Tenant does not call the shots. Just have your attorney file and tell sec 8 you DO NOT want any more rent. 3RD, HIRE a PM co, why would you want to deal with this, PM fees are meaningless,
All the best
Yup, the tenant said he was told to message the landlord. I dealt with the tenant because last PM company, they charged too much for maintenance. I found that using outside vendors was much cheaper (and didn't charge to get a quote).
I am raising the rent, that's why I'm not taking their undermarket rent. I inherited the tenants last year. I didn't want to rush to find tenants last year when I closed before winter, so I didn't give notice until this May. I'm going to avoid section 8 again in the future.
- Real Estate Consultant · Cleveland · Member since 2020 · 6k+ posts · 3k+ votes3y
Quote from @Emily Chen:
Quote from @Bob S.:
Quote from @Emily Chen:
So I bought a rental property last year in Columbus and inherited the tenants. Fast forward, this year, I gave them a 60 day notice. I said I would consider keeping them if they could raise the rent, but I never guaranteed anything. they have been on month to month lease for years. Now we are going to eviction court, the tenant continues to harass me and sends me unwanted texts/calls. The tenant is telling me that I can't terminate the contract with section 8. Anyone in this situation before? Is the court in Columbus landlord friendly? Specifically Franklin County?
ok 1ST OFF, why are you not raising the rent ? I get rent increases monthly ( 100s of tenants) 2ND if you want them gone their gone. Tenant does not call the shots. Just have your attorney file and tell sec 8 you DO NOT want any more rent. 3RD, HIRE a PM co, why would you want to deal with this, PM fees are meaningless,
All the best
Yup, the tenant said he was told to message the landlord. I dealt with the tenant because last PM company, they charged too much for maintenance. I found that using outside vendors was much cheaper (and didn't charge to get a quote).
I am raising the rent, that's why I'm not taking their undermarket rent. I inherited the tenants last year. I didn't want to rush to find tenants last year when I closed before winter, so I didn't give notice until this May. I'm going to avoid section 8 again in the future.
Mistake not taking sec 8, I do 90% govt programs, they pay more than cash tenants. Get a rent increase from SEC 8, OFFICE,
- Member since 2022 · 17 posts · 10 votes3yvery difficult to evict or have them move, depending on state maybe. Eviction case filed, court date is next week. in columbus, are the hearings for eviction public?
Quote from @Bob S.:
Quote from @Emily Chen:
Quote from @Bob S.:
Quote from @Emily Chen:
So I bought a rental property last year in Columbus and inherited the tenants. Fast forward, this year, I gave them a 60 day notice. I said I would consider keeping them if they could raise the rent, but I never guaranteed anything. they have been on month to month lease for years. Now we are going to eviction court, the tenant continues to harass me and sends me unwanted texts/calls. The tenant is telling me that I can't terminate the contract with section 8. Anyone in this situation before? Is the court in Columbus landlord friendly? Specifically Franklin County?
ok 1ST OFF, why are you not raising the rent ? I get rent increases monthly ( 100s of tenants) 2ND if you want them gone their gone. Tenant does not call the shots. Just have your attorney file and tell sec 8 you DO NOT want any more rent. 3RD, HIRE a PM co, why would you want to deal with this, PM fees are meaningless,
All the best
Yup, the tenant said he was told to message the landlord. I dealt with the tenant because last PM company, they charged too much for maintenance. I found that using outside vendors was much cheaper (and didn't charge to get a quote).
I am raising the rent, that's why I'm not taking their undermarket rent. I inherited the tenants last year. I didn't want to rush to find tenants last year when I closed before winter, so I didn't give notice until this May. I'm going to avoid section 8 again in the future.
Mistake not taking sec 8, I do 90% govt programs, they pay more than cash tenants. Get a rent increase from SEC 8, OFFICE,
- Real Estate Consultant · Cleveland · Member since 2020 · 6k+ posts · 3k+ votes3y
Quote from @Emily Chen:
very difficult to evict or have them move, depending on state maybe. Eviction case filed, court date is next week. in columbus, are the hearings for eviction public?Quote from @Bob S.:
Quote from @Emily Chen:
Quote from @Bob S.:
Quote from @Emily Chen:
So I bought a rental property last year in Columbus and inherited the tenants. Fast forward, this year, I gave them a 60 day notice. I said I would consider keeping them if they could raise the rent, but I never guaranteed anything. they have been on month to month lease for years. Now we are going to eviction court, the tenant continues to harass me and sends me unwanted texts/calls. The tenant is telling me that I can't terminate the contract with section 8. Anyone in this situation before? Is the court in Columbus landlord friendly? Specifically Franklin County?
ok 1ST OFF, why are you not raising the rent ? I get rent increases monthly ( 100s of tenants) 2ND if you want them gone their gone. Tenant does not call the shots. Just have your attorney file and tell sec 8 you DO NOT want any more rent. 3RD, HIRE a PM co, why would you want to deal with this, PM fees are meaningless,
All the best
Yup, the tenant said he was told to message the landlord. I dealt with the tenant because last PM company, they charged too much for maintenance. I found that using outside vendors was much cheaper (and didn't charge to get a quote).
I am raising the rent, that's why I'm not taking their undermarket rent. I inherited the tenants last year. I didn't want to rush to find tenants last year when I closed before winter, so I didn't give notice until this May. I'm going to avoid section 8 again in the future.
Mistake not taking sec 8, I do 90% govt programs, they pay more than cash tenants. Get a rent increase from SEC 8, OFFICE,
why are you evicting? Just get the rent increase , govt programs are the best!! HIRE a PM co
- 3yScott AllenBusiness MemberReal Estate Agent · Columbus, OH · Member since 2020 · 449 posts · 471 votes
Did you ever try to raise the rents with section 8 and propose a lease that could work with the tenants vouchers? Unless you're local, it's nice to have a property manager that can handle those unwanted calls and text from some tenant. Ohio in general is a very landlord friendly state. If you have month to month tenants, a 30 day notice would be fine too.
- Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes3y
Quote from @James Mc Ree:
You should have copies of the landlord-tenant lease and Section 8 lease. Those are your governing documents. You should be able to request a copy from the local Section 8 office. Follow the lease termination procedures in those docs.
Section 8 requires a 60 day written notice. You can't evict them until that time elapses and they are still there. It should be easier after 60 days because they no longer have a lease. You have a major power over the tenant at this point: an eviction or leaving the property owing you money could result in the tenant losing their Section 8 voucher and having to wait years to get a new one. Your Section 8 case manager might be able to help explain that to your tenant to move them along.
You can make a request to Section 8 to raise the rent. Talk with your case manager about that. Evaluate your local market to determine fair market rent for your property. Look up what Section 8 thinks is fair market rent and make a request. Section 8 will then approve something after talking with the tenant to see what they can afford. You can decide to keep it or not.
Hire an eviction attorney and evict the tenant. Do not engage with the tenant via texts and email any further.
- 3yColleen F.Pro MemberInvestor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
@Bob S. how well section 8 pays really varies based on your area. They can be above or below market rent. Also track market rent because even when they are above market rent they don't stay there.
- Real Estate Consultant · Cleveland · Member since 2020 · 6k+ posts · 3k+ votes3y
Quote from @Colleen F.:
@Bob S. how well section 8 pays really varies based on your area. They can be above or below market rent. Also track market rent because even when they are above market rent they don't stay there.
Im aware, I also have sec 8 tenants for years and years, they never leave, why would they :)
- 3yCorby GoadeBusiness MemberInvestor · Boise, ID · Member since 2014 · 3k+ posts · 3k+ votes
Quote from @Emily Chen:
So I bought a rental property last year in Columbus and inherited the tenants. Fast forward, this year, I gave them a 60 day notice. I said I would consider keeping them if they could raise the rent, but I never guaranteed anything. they have been on month to month lease for years. Now we are going to eviction court, the tenant continues to harass me and sends me unwanted texts/calls. The tenant is telling me that I can't terminate the contract with section 8. Anyone in this situation before? Is the court in Columbus landlord friendly? Specifically Franklin County?
Sorry you are dealing with this. Another reason new investors (or really any investors) shouldln't try to self manage from a distance. It's really just a matter of time before you run in to a major issue.
Best of luck.
- 3yColleen F.Pro MemberInvestor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
@Bob S. yep, why would they. It is one of those programs that people never seem to get off of. You were selling it big, I get that, it works for you. Just pointing out that what is true for you is not always true and it is not always beneficial to the landlord. Maybe in this case he could get an increase but not necessarily.
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