Should I evict or wait for lease to expire?

Question

Good morning all. One of my rentals has a section 8 tenant. Tenant has not been paying his portion for months. Owes over 2K in rent but I have been collecting section 8 portion. My question for the community is: Since as of August 01, landlords can now filing for eviction, should I start the eviction process or should I just wait for lease to expire in March and not renew. Keep in mind, this house is managed by a property management and they will charge me hundreds for the eviction, I feel like they charge double for everything. My logic is, maybe I should wait for lease to expire in March and continue to collect from Section 8 and avoid to pay hundreds for eviction. Moreover, it might takes 3 to 6 months to evict since thousands of people will be filing for eviction now.

All input will be appreciated

Ben Scott · Answer

The nuclear option could be a 'cash for keys' play. Promise to give the X amount of dollars if they leave the house on a certain day and the home is in good condition. Then you avoid the expense and headache of an eviction. It's unfortunate to 'reward' that type of behavior. But, in my experience, just getting that tenant out of the house can feel like a win.

Gina Nicolas · Answer

Thank you all for your input. I am going to call the caseworker and ask her to send the letter that he will be evicted, hopefully, this will help.

Thank you

Adam Martin · Answer

There was an article that only a small fraction of the billions of dollars set aside for rent relief was used.  It is going to take some effort on your part but look up your city or states relief funds and get the ball rolling.  Personally I would go as far as filling out and sending it to them for a signature.  If you’re feeling like they are a minimal threat I wouldn’t be against stopping by to personally have them sign it.  You don’t have to actually file but it is also amazing what a pay or quit notice will do when they see you mean business and their protections are over.

Jennifer Donley · Answer

It's amazing what happens when you actually file for that eviction... they often find a way to come up with the money.  And if not, tenant loses voucher.

There's so much money available for tenants right now, there's no reason for non payment.

Also, I would expect an eviction attorney should be less than $1000.  Here, we have a bunch of them that do it for a flat $400.  Charge that back to the tenant as well.

Steven D Martin · Answer

@Gina Nicolas I agree with @Ben Scott. Try a cash for keys option.

Scott M. · Answer

Sounds like Sec. 8 is unwilling to assist the tenant with the back rent correct?   If so, I would start the eviction process immediately.  Doesn't mean you are going to actually kick them out.  They may just leave.  They (or you) may find other assistance for them.  Might have a state fund set up to help tenants during COVID.  Sec. 8 may be willing to help once they are in eviction.  A lot of times when we have tenants that are in a similar situation they NEED court documents to show they are in danger of loosing their property before the charity/Sec. 8/Gov. program will kick in.

That said, if you are going to have a lot of local eviction cases going on you want to get in line so start the process as soon as you can.  People calling Sec. 8 and threating to evict has to be a common thing and the amount of people who actually file is probably far less so I am sure they take those threats with a grain of salt.  File, send it to them and see if they can help.

Drew Sygit · Answer

Start the eviction process, so the tenant knows there's a deadline!

Otherwise, the tenant can play games every day to keep ignoring what you want.

Have you asked the caseworker if they've informed the tenant they could lose their voucher if evicted for not paying their  portion of the rent? It should carry more authority if it comes from the caseworker instead of you or your PMC.

Has anyone tried to get the tenant to apply for the CERA program's "free" rent?

Theresa Harris · Answer

Call their case worker first and talk to them.  They should have been notified that the tenant wasn't paying their portion of the rent.  I can't imagine how much rent is that their portion is over $2K for a few months.  their case worker might be able to get them to move.  Guessing the tenant isn't eligible for further government help with covid relief, but you may want to ask their case worker that as well.

Brighten Miller · Answer

@Gina Nicolas I agree with most of the other comments that all suggest not waiting for the lease to expire.   Additionally, if you actually believe your PM is "charging double" I'd look for a new PM.

Colleen F. · Answer

@Gina Nicolas looks like to evict you have to wait again.  I would seriously speak to the tenant and say if you don't start paying all your back rent I will evict.  Set up a payment plan now.  You are probably going to need to evict regardless. I don't see another section 8 landlord taking this tenant.

Should I evict or wait for lease to expire?

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