Evicted Sec 8 tenant - Landlord Forum thread 355153

Evicted Sec 8 tenant by Barb (NC) on November 19, 2017 @08:58

Sec 8 tenant gets evicted by Sheriff after not paying her portion of rent for September and October , She pays for November rent only. Nevertheless the process followed its course on November 16th tenant was forced out by Sherri forced out. My question Section 8 covered it rent portion for November 16 and tenant did as well is the LL responsible paying back Sec 8 due to the tenant not completing the month rent due to the eviction? NC

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Re: Evicted Sec 8 tenant by Garry (Iowa) on November 19, 2017 @11:58	[ Reply ]

You need to send Sec.8 a written statement of when the court date was, the outcome of that hearing, and when the T was actually forced out by the Sheriff, and you received possession back. Sec 8 will then determine if you need to return any money to them. Remember, if you disagree with Sec 8, they can take you to court, and let a judge determine if you owe back rent, or not. But, yes, you could end up owing Sec 8 for half of Nov. rent, since the T was not living there after Nov. 16., yet you probably got Sec.8's full amount for the whole month of Nov.

Re: Evicted Sec 8 tenant

Re: Evicted Sec 8 tenant by Manish on November 19, 2017 @15:37	[ Reply ]

So Section 8 paid their portion of rent for September and October. And you did not received the tenants portion for those two months. You really need to contact your section 8 office as you may owe them half of Novembers rent or you may have illegally evicted the tenant without following section eight rules. I question the fact that you accepted the tenant portion of payment for November and if that cancelled the eviction process by accepting rent in full. This seems to be a mess which may have an unpleasant outcome for you if there is an issue on how you proceeded with the eviction and accepting rent in full?

Re: Evicted Sec 8 tenant

Re: Evicted Sec 8 tenant by Matt on November 19, 2017 @17:53	[ Reply ]

I don't understand how the eviction went through due to you receiving Nov rent from T. In my experience if T pays any amount and LL receives it. The eviction case is stopped. I would contact section 8 and tell them T was put out, and most likely you owe section 8 half the rent they paid for Nov. You have to go after the rent owed from T. It's kind of like chasing the wind. Why are you holding T property in the house? When I do evictions, the stuff is put out on the day the Sherriff put the T out. Locks are changed and so on. Seem like you set up a storage of T property now. Due to not putting out when sheriff removed T.

Re: Evicted Sec 8 tenant

Re: Evicted Sec 8 tenant by Anonymous on November 20, 2017 @07:56	[ Reply ]

When you gave notice to tenant to pay or quit, you should have sent a copy to Section 8 office. When you file eviction, a copy of the paper work should have also been sent. When eviction was granted, copy of that paper work should have been sent too. With a time line of about a month from start to finish for evicting a tenant, that means you filed in October. That means you may have fraudulently accepted the section 8 rental payment for November? The fact that you accepted both section 8 and the tenants portion of rent payment for November may mean you have now a month to month rental agreement? Or you have illegally evicted the tenant by not following section 8 guidelines for eviction of tenant? Did you meet with the Sheriff Department to change locks on "lock out" date? If not , the Sheriff will return the court order as not exercised? That might explain why the tenants things are still there? If you have done everything correct, then after the Sheriff lockout, you have to allow the tenant seven days to retrieve their things. But from what you have stated, It looks as if you have failed to do your due diligence in properly notifying section 8 and the courts about the eviction and accepting November rent?

Re: Evicted Sec 8 tenant

Re: removing tenants possessions by Nicole (PA) on November 20, 2017 @08:08	[ Reply ]

several above wondered why the OP didn't remove the tenant's possessions when the sheriff took possession. In Pennsylvania, you cannot remove anything for minimum of 10 days....and the landlord may need to retain possession of the possessions (although they may be moved after the 10 days) for up to 30 days. As always, everyone needs to be certain of their state laws.

Re: Evicted Sec 8 tenant by Anonymous on November 20, 2017 @08:36	[ Reply ]

I'm going to say that the acceptance of November rent from both section 8 and the tenant was future rent for November and not past due rent for September or October. That may be fraud against "section 8" and a violation of state law. Maybe fraud upon the court system too?

Re: Evicted Sec 8 tenant

Re: Evicted Sec 8 tenant by LL78 (Va) on November 21, 2017 @20:45	[ Reply ]

Legally you rent by the month per a signed lease. Not the day. So you are entitled to the full month of November. If you rent a motel room for the night. Do you get money back if you leave 4 hours early? If the tenant or sec 8 did not want to be responsible for the full month. The tenant should have moved out by the first. They knew they were getting evicted. There is not fraud of any type. Normal accounting would require you to apply any payment to the oldest balance first. So she paid in November for September. State maybe different. Here we can still accept payment as long as we send a simple letter stating the payment was accepted with reservations. Send this receipt for her payment now to last address. But would not worry to much.