Section 8 Tenant and HRO - Landlord Forum thread

Section 8 Tenant and HRO by Ed (MN) on November 7, 2009 @08:25

Did an extensive remodel on a duplex. New kitchen, new bath, paint, etc. Moved in Section 8 tenant on 7/1/2009, lease runs through 7/31/2010. First month was emergency assistance, next month started section 8. She has a good criminal background.
She starts complaining right away, about frivolous stuff. Even called out to the section 8 inspector a few things that he ignored as it wasn’t part of the inspection. Like basement floor in common area uneven, she didn’t like the way the porch smelled. The unit has been passing Section 8 inspections for 6 years.
Complained about her bedroom set didn’t fit in bedroom, bathroom door didn’t fit right (yes it does, and has since 1920), me using ‘her’ 2 yd dumpster (I pay the bill and use it for my rehabs too), complained she had to wait for Sec 8 inspector. She had ‘other things to do’. Porch floor wasn’t level, grass wasn’t cut, grass that was cut wasn’t raked, Washer didn’t work (it works if you put $1.50 in it).
Could never even get her rent when it was due. When she called me to pick up the rent, which I like do to get a brief inspection of the property, always needed a ride to get a money order.
So, I am looking for a way to evict this tenant. I come over to fix a broken screen door handle (yep, section 8), and I notice a cat and someone sleeping in the basement. This is where I have coin-op equipment, water heaters, two furnaces, etc. I spoke to her 14 yr old daughter and she said the cat was hers. I get a nasty message about talking to her daughter.
After I left, I returned a couple of days later to get a picture of the cat. The person sleeping had the couch and TV removed, but I got a picture of the cat. I get another nasty message about the coming over to take pictures. Don’t forget, this is in the area of my coin-op equipment, i.e. the common area of the duplex.
Then it gets interesting…
I get a call from the cops that I was harassing this woman. All totally false stuff, otherwise I would probably be in jail today. I get a harassment restraining order served on me, can’t go on the property. Remember, this is a duplex, I have other responsibilities there. I can’t even use my dumpster.
So, to make a long story short, we agreed she dismisses the restraining order, and gets out by 12:01 10/31. Less than a week away. Faster than an eviction, and I am rid of her.
I signed the Section 8 lease Termination, with a 12:01 PM deadline and dropped it off at Sec 8. I never received, to this day, the document executed by her. Sec 8 office says I don’t need it signed by her, she is out of the unit. But I would doubt that they would defend me if she comes back when I have new tenants and says I locked her out and she still has a lease.
She didn’t get out of the unit until 6 PM that night. She called to let me know she was out. I went to the unit that evening, took pictures of the stuff that was remaining. I went back again 2 days later, and more stuff was gone. So, she was there well after the 12:01 PM deadline.
So, I have filed eviction for November Rent as I still do not have a signed lease termination, and even if I did, she violated it. The unit is vacant, but legally I do not have possession of the property without the executed document.
I am no longer renting to Section 8. I can lower my rent by $100 and have a waiting list or ‘regular’ people.
What do you folks think?

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Re: Section 8 Tenant and HRO by Anonymous on November 7, 2009 @09:05

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A few items. Lease says "no pets or visiting pets"

I have an attorney handling the eviction. Since I have not received an executed Termination, I am assuming the lease is still in effect and she is liable for rent. Section 8 quit paying on 10/31.

I signed the Lease termination, but the renter did not, or at least I have not see it. The Woman from the welfare office said I should "Just change the locks and throw her stuff out". Yep, a bunch of government know-nothings. I would be sued on that one for sure.

When should I send out the damage deposit assessment? If we are evicting, and I send it out before the eviction, it implies that I acknowledge she is out. If I wait, I could violate the 21-day rule in MN. There will not be any refunds.

Re: Section 8 Tenant and HRO by Ultimate M-Bone on November 7, 2009 @11:21

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Call the tenant and ask for the keys back, otherwise she is responsible to pay the full rent herself since Section-8 has not paid it because "she moved out".

You must not have talked to the real past landlord of this one. Next time check the County auditors wed site for the owner of any applicants current address. Never call the "landlord" that the tenant put on the app. without first verifying it to be the real one.

Re: Section 8 Tenant and HRO

Re: Section 8 Tenant and HRO by Anonymous (Ohio) on November 7, 2009 @21:37

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Never rent to section 8, it is an added layer. Learn from this situation. Section 8 people don't have a lot to lose, so the thoughts and actions are different from what landlords would think is common sense.

She made a copy of the keys. If you want her to not return, you can buy another, interchangeable lock for this situation. Just keep old lock and key to change out later, if necessary.

If section 8 considers her out, you can consider her out as well. Section 8 will not defend you. Anything left at this point, remove the stuff to where she will not have access to it.

I wouldn't worry about legal aspect, because if a set of keys is back in my hands, I consider them out.

Re: Section 8 Tenant and HRO by Anonymous on November 7, 2009 @21:42	[ Reply ]
What is legal? Legal system will not hold her to a lease, as she has no means to pay. Section 8 will probably not hold her to any obligation either. More than likely, she will end up with another place to live.....with section 8 help.

Re: Section 8 Tenant and HRO by Ed (MN) on November 7, 2009 @23:19

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That was my last Section 8 tenant. I am hoping that with an eviction on her record, the rest of you will be safer.

Once I thought that Section 8 was good as a tenant would want to lose the Subsidy in an eviction, so they would behave. That said, they will fight tooth and nail avoiding an eviction. They have free legal, and everything to lose. They can also make up stories to make the landlord at fault.

A 'regular' person would just leave or behave.

That said, a case Dodge v. Pritchard 34 Misc 542 says that if a violation of a Settlement agreement is breached, the original contract remains in force.

Taking of keys, is not enough to have a release.

"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." Ben Franklin. A good analogy to taking Section 8.

But there is a case in front of one of the High Court’s that may make taking of Section 8 mandatory. You can still have qualification criteria, but it may exclude the possibility of rejecting Section 8 people solely because they are Section 8.

Re: Section 8 Tenant and HRO