Section 8 Tenant hasn't moved out yet

[Jacob D.]

My section 8 tenant sent written notice last month that they would be out today. They haven't moved out yet, and she hasn't made it clear when she will be fully out. What am I allowed to do in this case?

- Can I just go by tomorrow to change the locks?

- Should I reach out to their case worker?

- Can I walk into the apartment, and if they aren't there (but haven't moved yet) can I move their stuff into the basement?

I'm going to try the nice guy approach, and see what the deal is. They gave notice, and I confirmed with their housing worker that they signed a lease on a new apartment. 

Thanks for reading, and any help is appreciated

[Allan Smith]

You can't change locks or move stuff. If they are current on rent, maybe just let them live there. If they are not paying rent, start eviction process asap. You can try to get them out other ways but they dont work consistently. Cash for keys for example. Or sweet talk them out, but if the talking doesnt work, you will wish you had got the clock started on eviction process.

[Nathan Gesner]

Quote from @Jacob D.:

You can't enter the home without proper notice. You can't move their stuff. You can't change locks or kick them out. If they are still there, you have to follow the law to remove them.

Part of the problem could be that you are trying the "nice guy" approach instead of running it like a business. You should be very clear about your expectations for moving out. Be clear on your dates, move-out instructions, turning in keys, etc. 

I would check to see if they left without communicating. If they are still there, I would post a written notice that they are "holdover Tenants" and that I will charge them whatever the law/lease allows. In my case, I charge them a holdover fee equal to 4x the monthly rent, prorated daily, due and payable immediately without demand until they are out. That gets expensive real quick.

[Theresa Harris]

Show up at the door to change the locks, but if she is still in there, you can't change the locks.  Knock on the door and see if she answers.  if the house looks unoccupied (ie no car, no answer), open the door and announce yourself.  If there is still stuff there, do not enter.  Call her.  What was the arrangement for you to get the keys?

Report her to the case worker and tell her(the tenant) for everyday she is over, she has to pay a per diem for rent and it is at a premium price.  Also check if the utilities are still in her name as perhaps she just abandoned her stuff.

[Jacob D.]

Just to give an update, I was lucky and she gave the keys (apartment completely empty and in good condition). This was my first actual tenant to end their lease in the 3 years I've been renting (5 units) so far. 

My lease did have a paragraph about what happens if they overstay when the term ends (additional rent charges and prorated). I'm planning on doing upgrades on the apt so there wasn't a huge rush to get the tenant out.

I still should have made it 100% clear what was expected before the move out date. I didn't communicate properly, and also didn't treat this situation like a business would. That's what I'll work on for the next tenant. Thanks everyone for your help!

[Olivia Grabka]

@Jacob D.

1. Reach out to their case manager

2. Tenant is subject to losing eligibility if they don't comply with lease terms accepted by the program