I have a professional tenant I put in one of my apartment by mistake. She is demanding all sort of things. She has me in code violation on a an apartment that I just spend 48K doing? She mess the place up and call the city in. She refuse to pay rent because of the code violation she did by bringing the city in. How can I get her out? I sign a lease by force because she is a section 8 tenant. I was told that it cannot be a month to month lease. I need her out. She was homeless and i felt sorry for her that's why I gave her the apartment. That was my fault. I shouldn't have done that but I like to help people. What can be done to get her out?
@Sharon Porter here are a couple questions/ things to consider:
What does your lease say about non-payment of rent?
Have you posted notice of non-rent payment per your lease / local laws? If so what is the next step?
Does your local laws prevent eviction filing while an open code enforcement complaint is pending or do you think it does? Figure this out. Sometimes we think the law prevents adverse action while a code enforcement issue is pending when in reality it doesn't.
Is the code enforcement issue a health and safety issue ie plumbing / electric is faulty in someway? Talk to the code enforcement office see what needs to be fixed, fix it then evict her for non-payment.
I don't like this option but cash for keys. Offer her a few $s to move but if she was homeless prior to you accepting her this is probably not going to persuade her. Also if she does take this option get it in writing, and only give the money once she hands you the keys.
Contact her Section 8 case worker, let them know she isn't paying her portion of the rent and you plan to evict her. Send them a copy of the notice you hopefully posted. Figure out if she can lose her benefits if she's evicted. Sometimes this is enough leverage that Section 8 tenants will do what they need to do.
Moving forward: Develop your screening process, please don't listen to stories. Review your local laws and develop your lease around them.
If you respond to the questions I can possibly help you further. Just remember...I'm not a lawyer, but I have stayed at a Holiday Inn Express.
Sorry you're dealing with this, Sharon — MA is one of the toughest states to be on the landlord side of this, and professional tenants know the playbook.
Three things that matter from running rentals here: document everything in writing (photos, dated inspection reports, every city complaint); fix and keep code items clean even when the tenant caused them — unpaid-rent cases get messy fast if violations are open; and get a MA landlord-tenant attorney involved now, before sending anything yourself. If there's a housing authority voucher involved, notify the authority in writing too — nonpayment and lease violations are their problem to act on as well.
Don't do anything self-help — no lock changes, no utility moves. Happy to connect if it's useful.
Typically when there are code violations tenants can't just refuse to pay rent. They need to setup an escrow with the city and pay it to the city. If this tenant hasn't done that, simply evict her for non payment.
Thank you. I didn't know I could evict her because she has me hostage and creature all type of problems for me to fix so she says she is holding back the rent.
This may be obvious, but don't hire just any attorney. Hire an eviction attorney. Call about 5 of them and ask them how they price things, and their process. You'll learn a lot. Sorry you're going thru this. Get the bum out! You need help, don't try it yourself.
Glad to hear it, Sharon — that's the right move in MA. Once your attorney's involved, keep everything through them and in writing, and keep documenting the condition with dated photos in the meantime.
One thing I see landlords miss here: stay on top of any open code items, even the tenant-caused ones, while the case moves — judges notice that, and it keeps the focus on the nonpayment and lease violations.
Hope it resolves quickly for you. I'm an investor/agent here in MA with rentals of my own — happy to connect if a second set of eyes is ever useful, DMs open.
I'm sorry, that's a rough spot after putting $48K into the unit. A few things that tend to matter most here: get the code items fixed and documented with dated photos and receipts as fast as you can, since in many places rent withholding rests on open violations; send the housing authority caseworker a written record of the tenant-caused damage, because voucher programs usually have their own process for tenant damage and lease violations; and talk to a local landlord-tenant attorney before serving any notice, since Section 8 leases have specific termination rules. For next time, a written screening policy you apply to every applicant (landlord references, prior housing history, income) makes it easier to say no kindly. Check your state's rules on withholding and notice periods.