Re: Section 8 Tenant and HRO - Landlord Forum thread

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

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.

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Re: Section 8 Tenant and HRO by OK-LL on November 8, 2009 @18:36

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Possession is established by factors a reasonable person would interpret to mean the tenant has turned over possession to the LL. Returning keys is one of those factors, as is: shutting off of utilities by tenant, removal of all or majority of possession by tenant, abandonment of unit (absence for a specified period of time) by tenant. There are others. You must determine whether this person has committed conduct which reasonable persons would likely construe as returning possession to you. If she voluntarily turned the keys back to you (the same number of keys you gave her originally) that is heavily weighed as returning possession to you -- how would she expect to gain access to the property without the keys, short of committing damage?

Re: Section 8 Tenant and HRO by Ed (MN) on November 8, 2009 @19:36	[ Reply ]
I pay the utilities in this unit. I received the keys, post marked 11/4. I received a call she was vacated at ~6 PM on 10/31, and looked at the property and took pictures at 8:30 PM. I came back on 11/2, saw there was more stuff removed. So, I assume that she needs an eviction, and I don't mind filing one.