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Updated almost 6 years ago on . Most recent reply
![Vincent Plant's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/798063/1694602984-avatar-vincentp32.jpg?twic=v1/output=image/cover=128x128&v=2)
Messy Tenant Situation
I have a section 8 property with a tenant I inherited that is stressing me out. Our lease expires at the end of July and I have made it clear that I do not intend to renew and I have given her notice to vacate at the end of the lease as well as notice that the agreement with section 8 will be ending then too.
Last month she sent me her portion of the rent $80 light and claimed that because the kitchen sink was steadily dripping it made her water bill increase. I will admit she mentioned the drip to me a few months ago but I didn't act on it. So, I decided not to fight her on that and let it slide replaced the faucet. I made it very clear that this would not be happening again and she can't just take it into her own hands to tell me how much she will pay.
This month, BOOM same thing, rent came in $80 light and she said I fixed the drip mid month so it was another $80 off. Ridiculous of course.
On top of that, when I was there replacing the faucet I noticed another leak under the sink in the drain pipe that was dripping through the floor and through the basement ceiling. I made an insurance claim to have this fixed as there was extensive water damage and possibly mold under the cabinet and in the basement ceiling. The tenant never brought that to my attention until a few days after I replaced the kitchen faucet. I currently have that scheduled to be repaired and insurance will cover the damage. Although I'm worried her next act will be to claim that there is mold in the house.
This tenant has a history of being violent and of course is likely looking for any loophole or angle to take advantage of me or sue me.
Should I be the nice guy and try and ride this out until July (where I will likely need to evict her anyway).
Or go right to work and serve her a quit or pay and attempt to force her to comply.
Or am I in the wrong? Can she just deduct money off the rent because the water (a drip into the kitchen sink) was dripping for a few months.
How do I handle this without getting sued?
Most Popular Reply
![Nathan Gesner's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/51525/1621411521-avatar-soldat.jpg?twic=v1/output=image/cover=128x128&v=2)
- Real Estate Broker
- Cody, WY
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1. Your tenant is violent but you allow her to stay? Violent to whom?
2. The tenant should not be allowed to do her own maintenance.
3. The law does not allow her to withhold rent for repairs unless she follows specific steps, the first being that she has to notify you of the problem and give you an attempt to fix it.
You should seriously contact HUD, explain the situation, and ask what steps are available to get rid of her. I recommend you call anonymously, if possible. You can also read the HUD paperwork because that should include some guidance.
Bottom line: she did not pay rent in full and should be evicted.
- Nathan Gesner
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