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HOA is complaining about my tenant because of nuisance how to evict

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soheila mant Posted

HOA is complaining about my tenant because of nuisance how to evict

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Marina Rojas

Eviction of a Section 8 tenant is hard but not impossible.  One of the best tools in your eviction arsenal will be the tenant’s Section 8 representative.  Get them on the line and make the problems they are causing known immediately.  Let them know that you will be taking steps to evict them from the premises as soon as legally possible, and call the Section 8 representative back a lot;  call them through each eviction step you are taking.

"Hi there, we have a lawyer."  "Hi there, we are still getting complaints about your tenant."  "Hi there the police have been called out twice in three days about your tenant."  "Hi there, we have now served papers."  One thing can be sure, as you keep in constant contact with the tenant’s Section 8 representative, the representative will definitely be in contact with that client and one of two things happen pretty quickly.  That is, the tenant straightens up, or the tenant moves out otherwise this type of unacceptable behavior can lead to them losing their Section 8 qualification, and heaven forbid that would happen to them, right?

Understand that with Section 8 you commit to a one year lease type of agreement so unless you can show that the tenant has broken the terms of the agreement, it may not hold up in the eviction process as a valid attempt to remove them.  But if you can clearly provide evidence to show that the nuisance amounts to a broken promise of the terms, or is illegal in any way, you should go ahead and take the eviction steps while keeping touch with their Section 8 representative.

Making sure you follow every step of eviction by issuing all the legal notices, explaining what the problem is and giving time frames for correction, can be frustrating but none the less can let your Section 8 tenant know you mean business about them straightening up or getting out.  Since the Section 8 subsdidy is so valuable, there’s always that chance that they will decide to fix the matters so they don’t jeopardize losing it. 

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