Hello everyone,

I'm looking for some advice regarding a Section 8 tenant. We have always had responsible tenants, but this situation has been very challenging.

The tenant has about four months remaining on her lease. Over the past several months, I have repeatedly contacted her about multiple lease violations, including:

Poor housekeeping and sanitation inside the home

Cat litter and pet waste not being cleaned up properly

Trash in the backyard

Failure to mow and maintain the lawn

Ongoing concerns about the condition of the property

Today I learned that a vehicle parked in front of the house belongs to her boyfriend, who is currently incarcerated. The vehicle appears to have been involved in an accident and has been sitting on the property. The tenant says she doesn't know what to do about it, but I have informed her that it is her responsibility to resolve the situation.

My questions are:

How difficult is it to evict a Section 8 tenant for repeated lease violations such as poor property maintenance and sanitation issues?

What documentation should I have in place before starting the eviction process?

If I choose to wait until the lease expires, what are my options if she refuses to move out at the end of the lease term?

Are there any special procedures or requirements when dealing with a Section 8 tenant in this type of situation?

any advice from landlords who have dealt with similar circumstances would be greatly appreciated.

In most area's of California, the money trail is as follows:

Rent on a small apartment, landlord asking $1,000/per month.

City Administrator running the Section 8 Program assigns 20% of tenant income to pay their share, around $200/per month.

So the City asks the State to pay $1,250/per month. The city needs 25% ($250 per month) to pay their costs of a monthly paper check.

$800 goes to the Landlord from the State

$200 goes to the Landlord from the tenant.

$250 goes to the City for running the program.

and the Balance goes to the State, danging girls and hookers.

Just from outside observation, it sounds like management has been sending notices but not enforcing them. This is where the real problem lies. Understandably, it is the most difficult part of the job, but yet it is also the most important part, or at least one of the most important parts.

For future reference, doing an in-home visit of where the applicant currently lives, before you rent to them, can tell you some things about how things will be done at your rental. If they refuse to let you view their current rental, then don't approve them.

You have 4 months left. The fastest and easiest way to get rid of her is to not renew the lease. Give her the notice right now. You also have to give a notice to the housing authority.

The other option is to give her and the housing authority notice of a huge rent hike (if that is legal where you are located). Section 8 won't pay it so she will have to move to a place that accepts her section 8.

How difficult is it to evict a Section 8 tenant for repeated lease violations such as poor property maintenance and sanitation issues?

What documentation should I have in place before starting the eviction process?

For these two questions, the answer should be no different than for a market rate tenant.

If I choose to wait until the lease expires, what are my options if she refuses to move out at the end of the lease term?

You will have to evict her just like you would a market-rate tenant.

Are there any special procedures or requirements when dealing with a Section 8 tenant in this type of situation?

plenty In MO

We deal with this all the time. I'd go in to the process, but it would only apply to KS law. You'd have to research how to translate that to MO law. Plenty is more than qualified to assist, so I will let her. Met her at a LL conference in person and she's great!

Point is, yes it's possible. Shouldn't be too difficult either. Robert J is possibly correct in what he's saying about Section 8, but he's also in CA. MUCH more tenant friendly there. KS and MO aren't that way, so you can get it done.

Good luck!!

Are making sure the section 8 Housing Authority is getting copy(s) of you notice? I have done evictions on section 8-- really no different than anyone one else.

This is an easy one.

With 4 months left on the lease, just both send and deliver a "Notice of Non-Renewal of Lease" to both the tenant and the Housing Authority Case Worker.

On the mailings, got to the post office and get a Certificate of Mailing (so the tenant's "I didn't get no letter" defense in court goes nowhere).

Below is what I use for a Notice of Non-Renewal of Lease.

OFFICIAL NOTICE

NON RENEWAL OF LEASE

May 30, 2017

Tenant's Name

Apt#1

878 Slade St.

Fall River, MA

April and Jose,

This is my official notice that I will not renew your lease for your apartment at:

Apt#1

878 Slade St.

Fall River, MA

As a result, your lease expires on July 31, 2017. Please make plans to be moved out by that date so we can avoid eviction action.

_______________________________________________

Landlord Date Signed

cc. Fall River Housing Authority – Marie Alfonso

This is an easy one.

With 4 months left on the lease, just both send and deliver a "Notice of Non-Renewal of Lease" to both the tenant and the Housing Authority Case Worker.

On the mailings, got to the post office and get a Certificate of Mailing (so the tenant's "I didn't get no letter" defense in court goes nowhere).

Below is what I use for a Notice of Non-Renewal of Lease.

OFFICIAL NOTICE

NON RENEWAL OF LEASE

May 30, 2017

Tenant's Name

Apt#1

878 Slade St.

Fall River, MA

April and Jose,

This is my official notice that I will not renew your lease for your apartment at:

Apt#1

878 Slade St.

Fall River, MA

As a result, your lease expires on July 31, 2017. Please make plans to be moved out by that date so we can avoid eviction action.

_______________________________________________

Landlord Date Signed

cc. Fall River Housing Authority – Marie Alfonso

The one S8 tenant that I told to leave was a perfect housekeeper. But, she played the game with S8 very well and her sons decided to start having stop and go company.

I told her I was non-renewing, she started to get rowdy with me and I said it was not an eviction but could be if she pushed it. She knew what was going on, probably got a cut.

I handed her the notice and took a copy of it to the Housing Authority. I took it because I got no reply to countless voicemails and emails left.

The receptionist said she wouldn't accept it as delivered so I pressed the issue until someone showed up that would take it. That person started looking over the file and saying things like I couldn't do this or that.

I stood my ground. I said this is a non-renewal but I will happily head directly to the court house and file eviction if need be. Then they would lose a waiver.

Anyhow, they accepted it. I was an idiot and allowed the tenant to stay an extra week or so because of the Christmas holiday. (I didn't want to work anyhow)

Years (maybe 4?) later the Housing Authority contacted me and said I owed them money because the tenant left before the end of the month.

I fought with them a bit and they finally agreed to drop it.

My fear id that If I deliver none renewal they may do something to my house! I also don’t know how to make a section 8 to pay for the damage to my hard wood floor that now is a blackish stain as big as a door mat.

Sandra- They were attempting to strong arm me. Maybe get me to bend over and allow the tenant to stay. I was ready to file eviction on her tho so this trip was to save me a little money and showing up to court twice.

It worked out. Also I hear, on here, that there are a few good Housing Authorities. So do not base my dislike for them all.