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Updated about 9 years ago on . Most recent reply

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Demetri T.
  • Investor
  • Newberg, OR
18
Votes |
34
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Tenant Lie Number ##?

Demetri T.
  • Investor
  • Newberg, OR
Posted

I have a lie that I haven't had to deal with before and my inherited lease is silent about.

Tenant is a section 8 tenant who has approval for herself and her two kids.  However, there is another guy there nearly all the time.   Tenant assures me he is not "living there", that he is the children's father and is there a lot but he sleeps somewhere else.  I have been driving by and he seems to be there just about every time I drive though- early morning- early eventing- throughout the day!  (Though I haven't gotten up to go check in the middle of the night).  He does not necessarily cause trouble (so far a I know) but I am getting the impression he could not pass our background check not to mention the Section 8 thing.

I believe I have tried being reasonable with her and asking her about it and now I am pretty sure she is just lying about him "living there".

I am not opposed to trying to talk to her about it one more time before I just send the notice to her and the housing authority- though I think that would get her in a lot of trouble.  

What should I tell her in may last ditch effort to be the overly reasonable landlord?  Do I even bother trying to be reasonable? Other ideas?

Most Popular Reply

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Marcia Maynard
  • Investor
  • Vancouver, WA
4,335
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Marcia Maynard
  • Investor
  • Vancouver, WA
Replied

Have you talked to the guy directly? I would. I would stop by at a time when I knew the tenant wasn't home and see if he answers the door. I would have a conversation with him and listen to what he says. 

I've done this before. I am not shy about asking "frequent visitors" and long term "guests" to demonstrate to me that they indeed live elsewhere. I've asked to see driver's licenses and car registrations. I've checked incoming mail. He may have already established tenancy at your place, by meeting certain legal criteria. So keep that in mind, since he may now be your tenant!

Our experience is that a rule breaker will usually break more than one rule. After making an observation about the "guest" and weighing in if your guest policy is being violated, follow through. If you haven't inspected the home recently, now is a good time to do so. Give proper legal notice to do a "maintenance inspection", use your scoping skills to note anything that points to the guy having moved in. If you can, chit chat with the kids.... they will often spill the beans.

You have a legitimate need to be aware of what is going on, to confirm it, and to address violations of your lease as they occur. Work with your tenant's Section 8 case manager too to keep your tenant honest. You have an obligation to do so, as per the agreement you signed with the Housing Authority of Yamhill County, if that is where your rental is.

In our town, the Vancouver Housing Authority administers the Section 8 program and certainly would care and would address the issue with their client (our tenant). They would work with their client to resolve the issue. The client would need to come into compliance to maintain their Section 8 benefit.

I would not hide behind a lie that my tenant is living, nor condone it. I have a very good relationship with our Housing Authority and support them in making sure the recipients of Section 8 vouchers who live in our units are in compliance with what is required of them.

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