All Forum Posts by: Jeff Lockshine

I have a tenant who's rent will be subsidized 100% by section 8.  Their only responsibility is $50/mo for water.  They have been a bit of a trouble tenant for the past six months but having a guarantee of paid rent makes it a good deal for me.  How do I structure a new lease that will hold them responsible, not just for her water payment, but general upkeep, damage, behavior etc. that would normally be in a lease agreement?  I already plan on month to month and I want to make it very clear that any deviation is grounds for breach of lease and quick removal.

There is a small amount of personal items left (cups, etc.) a mattress and some furniture.  The electric and gas are both off.  The water is not, as it is a duplex with one meter.  I have already sent a termination of tenancy letter (she did not sign it).  There is a breach of lease clause that states: 'If Tenant abandons or vacates the premises, while in default of the payment of rent, Landlord may consider any property left on the premises to be abandoned and may dispose of the same in any manner allowed by law.'

I have a month to month Section 8 tenant who has not paid their portion of rent since the beginning of the year.  On March 1, she was sent and confirmed receipt of a letter of non renewal and notice to vacate.  I gave her 90 days.  I also posted her 3 day quit notice after the 90 days.  She has been dragging her feet and claiming all kinds of reasons why it is taking so long.  I am still being paid by Section 8.  

Finally, yesterday, after several weeks of 'I'll be out soon' messages she asked what she should do with some of the bulk items.  Put them out for pick up or what?  (her words).  I told her she needed to take everything with her.  She did not like that response and told me via text message that I will need to file for eviction (along with other threats of discrimination, illegal action on my part, etc which are all bogus).  I would really prefer not to evict.  What are my options as she has  packed up most of her things except for the bulk items mentioned?  Do I tell her just leave everything along with the keys and I will handle it?  At what point is it considered abandonment as she clearly is not living there?  Do I still need to give 24 hours for entering the unit?  When can I change the locks?