How do I remove a Section 8 tenant so I can move in?

How do I remove a Section 8 tenant so I can move in?

Investor · Sacramento, CA · Member since 2016 · 17 posts · 4 votes

I live in Sacramento, CA which is also where my rental is located.  

Here is the situation:  

I live in an apartment that I rent, but I own a 2/1 SFR rental which is occupied by a Section 8 (also called SHRA) tenant. This is a situation that used to make sense, but not so much anymore. My rent (where I live) has gone up from $900 per month to $1225 and I suspect the landlord will raise it again. I also used to live close to where I work, but I no longer have that job. My apartment also could use some remodeling, but I don't think the landlord will do it until I move out. The area is also not what it used to be. So basically, I am now paying more for less.

   I have owned my rental property for over 3 years, but the tenant has been there much longer (I think 10 years).  She is an older unemployed woman and has really made the house into her home.  She has mentioned the possibility of moving to Santa Cruz to be closer to her daughter, but I don't see that happening.  Her rent has been $950 for years (too low).  It would make a lot of financial sense for me to just move into that rental.  It would also be nice for me to just live in my own house instead of maintaining this while renting an apartment. If the tenant were to just move out it would be an easy decision for me, but that does not seem likely.

   So, if I wanted to remove the tenant and move in, how would that work?  Is that even possible right now?  How does that work with Section 8?  I hate the idea of having to serve an old woman on government assistance an "eviction notice" (if that's what it's called in this case).  I know moving out would be tough for her, because she has been settled in there for so long.  And then where would she even live?  So if I want to remove my tenant and move in, would it be possible, and how would I do it?  Thanks. 

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Kenneth GarrettPro Member
Investor · Florida Panhandle/Illinois · Member since 2016 · 4k+ posts · 3k+ votes
5y

@Alex Gadbois

When you rent your property out to a section 8 tenant you have a contract with the housing authority and of course a lease with the tenant.  You’ll need to wait till it expires and not renew it.  Contact the HA to confirm what paperwork they need and if there is a timeframe for them and the tenant.

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  • Kenneth GarrettPro Member
    Investor · Florida Panhandle/Illinois · Member since 2016 · 4k+ posts · 3k+ votes
    5y

    @Alex Gadbois

    When you rent your property out to a section 8 tenant you have a contract with the housing authority and of course a lease with the tenant.  You’ll need to wait till it expires and not renew it.  Contact the HA to confirm what paperwork they need and if there is a timeframe for them and the tenant.

  • Investor · San Jose, CA · Member since 2012 · 61 posts · 40 votes
    5y

    I have done it more than once. The tenants were on month-to-month so I gave a 90 day notice to both tenant and section 8 division. Just keep in mind that covid restrictions are in place that may apply.

  • Investor · Sacramento, CA · Member since 2016 · 96 posts · 41 votes
    5y

    Couple of suggestions.  Call SHRA (916-440-1390) and ask them what needs to be done to terminate the agreement.  I would also talk to your tenant (and her daughter if possible) and explain your situation.  Maybe that will be the motivation for her to move in with the daughter. Or you could offer her some financial assistance with the move (and maybe she would move sooner in that case). I agree this is a tough situation but I think that blindly filing/serving a termination notice is going to make it worse.

  • Investor · El Dorado Hills, CA · Member since 2012 · 1k+ posts · 1k+ votes
    5y

    If you hit any bumps call Gary Link,  he is the local eviction attorney that knows all the angles. 

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