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Need to file an eviction order on a property in a different county, can I file locally where I live?
- Thread starter k23h9723
- Start date
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Zigner
Senior Member, Non-Attorney
You file in the county where the property is located.
ETA: Almost a month later and you STILL haven't filed? You really really need to get out of the landlording business.
https://forum.freeadvice.com/threads/section-8-tenant-refuses-to-pay-her-portion-of-the-rent.650641/
adjusterjack
Senior Member
In the county where the property is located.
If you aren't prepared to litigate landlord tenant matters in that county I suggest you sell the property so you don't have to.
Thanks for the reply, I think it's probably difficult to sell a property with a non-paying tenant on it... Is it possible for me, as an owner of the property to shut off water and electricity on it or can I call cops and report them squatting? I am still going to file an eviction order though.
Zigner
Senior Member, Non-Attorney
Oh my bejeezuz! Get out, get out now! Hire an attorney and a property manager! You can't do this!
PayrollHRGuy
Senior Member
They aren't squatters. In your other thread, you said they simply weren't paying their portion o Section 8. And though it has been asked already in this thread, why have you waited to evict?
STEPHAN
Senior Member
If you shut off water and electricity you get in serious trouble for your illegal eviction. The police will not do anything, this is a civil matter.
Asking these questions shows that you have no clue what you are doing. You really should get out of the rental business.
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not2cleverRed
Obvious Observer
Hell no.
Is that clear and direct enough?
1) Retain a lawyer. You are not up to this. Leave all the paperwork up to the lawyer.
2) Post eviction: sell the place.
DeenaCA gave you legally valid state specific advice in your other thread. I suggest you reread it:
The regulations for the housing choice voucher ("Section 8") program require the housing authority to terminate assistance if the tenant is evicted for cause, and permit termination for serious or repeated lease violations. See 24 Code of Federal Regulations 982.552.
The tenant has violated her program obligations repeatedly through nonpayment. It is not too late for you to report these violations to the housing authority. As noted above, the prospect of losing voucher assistance and being responsible for her own housing costs may motivate the tenant to comply.
I recommend that you serve the tenant with the required state notice (3-day notice to pay rent or quit), and send a copy to the housing authority. If the tenant does not pay, serve an eviction notice and again, send a copy to the housing authority. I'd also recommend that you contact the housing authority for assistance. Some agencies have a landlord liaison whose job is to assist with these issues.
It's not unheard-of for an HCV tenant with a low share of rent to expect the landlord to accept the housing assistance payment as the total rent. Continuing to allow this encourages the behavior.