Section 8 tenants & evictions

[Mike Abramowitz]

So I purchased a few units back in Portland, CT in January and currently in the process stabilizing the property. It has come to the point where all the tenants are on month to month leases, in the beginning of March we notified a tenant who is section 8 that we are not planning on renewing her lease. (Which ended 5/1) We've received many complaints from other tenants in the property, the police have shown up in relation to this tenant and its not the positive living environment which we strive for in our properties. However, when we told the tenant and the housing authority we were not renewing her lease we did not give a reason (as that was the advice give to us by a few landlords in the area who deal with similar tenant situations) 

Well the first of the month came around and the tenant refuses to move out. The housing authority has let us know that as long as the tenant is still there they will continue to pay rent.

What advice does anyone who's gone through this process before have? 

[Alisa O.]

@Mike Abramowitz 

My property is in Buffalo NY so I would consult an ESQ in your area. 

I'm going through a similar experience right now, although my tenant is still on the Lease. His rent is paid through social assistance and disability programs. The cause for eviction is smoking in his apartment and the building and consistent noise disturbances after hours. Police came once. He is essentially violating conditions of the Lease like your tenant.

All of the other tenants' written complaints against him were documented and I sent a Cease and Desist notice to the tenant and his case worker at the agency in April. 

Little history: when I tied to evict an inherited tenant from the first property I ever bought after his lease expired (different from the current smoking tenant's building), the Buffalo NY court pretty much told me that because my LLC is an owner, an ESQ had to represent me in court. I'm an out-of-area self-managing landlord. I lost time on refiling and getting new court date, fees on refiling and after all ended up hiring a lawyer to represent me to kick that trash out who stopped paying and caused $4K in damage on top of non-payment as retribution while I was getting my forms together. You want this process to go as swiftly as possible.

Now as I'm dealing with the latest eviction of the social program tenant (very similar to Section 8- same funding, called differently) my ESQ tells me that the documentation has to be filed with the court and that the judge has to award an eviction judgement because the tenant doesn't want to move out on his own. My lease stipulates that reasonable legal fees will be taken out of the security deposit, so the tenant will essentially pay for his own eviction. My ESQ already confirmed that I have a right to take the legal fees out of the security deposit and also reasonable costs to bring the property back into "pre-smoking" condition, whether it's re-painting or cleaning. He also said that there will be no problem to evict the tenant for smoking and the noise because my Lease says "no smoking" and "not to act in a loud....manner or disturb the right of the other residents to peace and quiet". At this point it's just going through the motions.  

How else are you going to get your tenant out without court? Marshall is only going to act upon the eviction judgement and additional notification that the Marshall is coming and you can not change the lock or disconnect utilities if they are included in the rent. 

If your tenant is not moving out on their own, then, unfortunately, court is your solution. The housing authority will continue paying because they don't have a reason not to pay. Just because you are not renewing the lease, the tenant is considered month-to-month in the eyes of the housing authority. 

Because it is not a straightforward eviction for non-payment, my advice would be to hire an ESQ and use this situation as an educational experience for future situations other than non-payment eviction. If you file some form wrong, the court will throw your case out and you will loose time and might loose good tenants who are tired of waiting for you to get your bad tenant out. If you learn that an ESQ has to represent you after you filed all the forms correctly, again you will lose time and might loose good tenants. If you say something "incorrect" in court, you have different risks. 

In my mind real estate investing is my responsibility/business, legal stuff should be left to the professionals. This way you will know steps/forms/process will be done correctly and you can learn what to do and how to go through the process the next time.

I hope this helps.