Help! My tenant was arrested

[Jas Singh]

I'm a first time landlady and I've already realized I few things I've done wrong in this situation. I had a tenant move in back in June through section 8. On my lease and her agreement with section 8, the tenants listed are her and her children. Her fiancé also lives with her but he's not on any of these agreements (my 1st mistake). In December there was an issue at the unit and I went to check it out and noticed the fiancé had an ankle monitor on. I was curious and decided to google but couldn't find anything (2nd mistake- I should've done a full check). I decided to look past it. A few days ago a full SWAT team was at my property, luckily no damage was done, but the fiancé was taken away in the SWAT truck. My tenant said she has no idea what happened but he does have a record. 

I had a background check done on my tenant before signing the lease and it was perfect. I'm definitely ordering a full background check on him and thinking about telling her that he can't reside in the unit. Am I allowed to do that? Any other advice on what I should do/can do? My other tenant is absolutely terrified and feel like I need to remediate the situation quickly. 

[Mike Smith]

Hi Jas,

I am very familiar with Section 8, I have rented to Sec 8 tenants for years.

It is not uncommon for the women to have boyfriends move in. It is likely in violation of your lease (assuming it stipulates that only those on the lease can live there, if not it should!) and is without doubt in violation of the terms of her Section 8 voucher. His living there puts her voucher in danger.

You can very clearly ask that he not move back in and inform her that doing so will result in you notifying Section 8 and beginning eviction proceedings. 

That being said, you have to weigh the options from a business perspective and take into account that eviction may be difficult these days. If Section 8 terminates her voucher, she may be allowed to stay in your property, for who knows how long, without paying rent, given the current ban on evictions. Not at all fair, nor constitutional IMHO, but possible non the less.

If I in were in your situation, I would ask her to not let him move back in, inform her it's in violation of the lease, and jeopordizes (sp) her Section 8 voucher, and thus the roof over her kids head. I hope that helps and good luck.

PS I dont know what I would do if he moves back in, you are in a tough place. Many Section 8 tenants are great renters, and over the years you will find that this is not a big problem if you learn to screen better... Inspect where they live before moving in and look in master closet for mens clothing... 

Good luck

Mike Smith