All Forum Posts by: Salina Doe

You should be able to evict them asap if there is criminal activity at the unit. Have the police been called?

You indicated you spoke to an attorney. What else did that attorney tell you about evicting them? You can evict for non-payment of their share of the rent. You have to be sure to give Section 8 (or whatever program they are on) notice as well. You may want to proceed with terminating their tenancy instead. If you serve them notice of non-payment, they can always cure and that would end the eviction.

No matter which way you proceed, you need to start ASAP as it will take some time to get a mediation date and then an actual court date

Don't accept the first answer you get. Do a Google search for "eviction attorney [city name]" and try to talk to 3-4 different ones to get a feel for their experience, their timeline, and their fees. Also read through their online reviews and look for good reviews from Landlords and bad reviews from people that have been evicted, which is a sign they are doing the right thing.

@Salina Doe

That attorney just wants the joy of your billable hours. The caseworker/HUD know that without landlords -happy landlords - they are left with a bunch of homeless clients. The Housing Authority isn't out to alienate landlords nor cater to clients who violate their contracts with the Federal Government.

 Often if the tenant is struggling they can go back to Section 8 and get section to cover 100% of rent.

Call their caseworker. There is an eviction process that is specific to HUD; the 'client/tenant's' voucher can be terminated for non-compliance. And, here's a harsh reality: you mean nothing to the tenant...their caseworker is the one with the power. Go to their caseworker (if you don't know who it is, look up the local office of '(city/county) Housing Authority' and call the office. Often times, the caseworkers are listed by their clients' last name.

Again, let the housing authority take care of this for you. It's faster - and the court will only push back to the case worker after you file.  You gotta know how this works...and use it to your advantage.

 I agree with this.

Talk to their case worker first.

What is their share of the rent? 

The question isn't whether or not you can still receive Section 8 funds. The question is whether or not you want to keep this tenant. I don't know why you would.

1. They are probably below market rate so you are losing money.

2. Despite receiving government assistance for a decade, they're still incapable of paying their portion on time or appreciating what they've got.

3. They are damaging the property by smoking inside.

4. They are violating the lease by allowing unauthorized occupants.

5. They are acting hostile towards you.

This is not normal behavior. This is how the bottom 10% of tenants act. If it were me, I would contact the caseworker and explain that you want to terminate their lease for non-payment of rent and other lease violations. Whether the caseworker helps or not, you should figure out how to get rid of them, clean up the unit, and rent it at a fair market rate to people that will appreciate your rental.

Would recommed proceeding carefully and consider the means of the lowest cost (loss) strategy for your specific situation ...

(Dependent on your State/Local ordinances. This is not legal advice please consult with you attorney).

Consider a step-by-step process increasing the pressure on the tenant with each step while accumulating documentation (which will be needed in Eviction Court):

As per the prior comment, first contact the State Agency sponsoring/funding the Section 8 payments and document for them all the issues to see if a resolution can be reached. One minor exception to the comment: not advisable to lose Section 8 funding which could result both an immediate lose of further rents and/or a squatting/eviction scenario.

Next:
1) In terms of the late rent payment(s) - consider a 3-Day Notice to "Cure or Quit". 

2) If step 1) ineffective, consider the lease type - in many states if month-to-month the lessor has the right to submit "30-Day Notice to Vacate" without cause. 

3) If step 2) is ineffective, an Unlawful Detainer (aka Eviction) could be pursued. There will be significant cost and time involved, hence the alternative, pre-emptive steps outlined.

Focus on loss minimization rather than an emotional response.

Best of Luck -