Sec 8 tenant will not move! NJ - Posted by KA

Posted by $Cash$ on July 08, 2002 at 12:55:46:

Mr. Merchant,

I would think if I were making $70k on a property, your advice in giving them some money to leave would be a no brainer for me. I have done it many times and what you reccomend works.

How much is $70k worth to get them out, I’ sure KA will come up with a figure.

$Cash$

Sec 8 tenant will not move! NJ - Posted by KA

Posted by KA on July 08, 2002 at 09:57:58:

Here is my problem, any suggestions would be great.

Took contract to sell my property in early May. Closing date is contract was on or about 6/28/02. I sent my section 8 tenants a letter ( certified mail ) that I planned on selling the house on or about May 1st. They have lived there for over two years , and I never did a new lease between us. They would send over the section 8 papers and I would just sign them and mail them back in. I come to find that those papers constitute a lease! And this “lease” does not expire until Oct. 02! The tenants know they will have to move, but they are in no hurry, and mentioned that they can only get state funding for a new place if they are being evicted. They did not pay their $924 co-pay of the rent for June and July, so I have filed for eviction but that can take up to a month and a half. I stand to make around $70,000 when this closes, and I doubt the buyers will wait until oct., if so they will have to requalify for a mort. I have offered to pay for the realtor fee to help find another house for these people, but they just want to play the system, and get thrown out so they can get more state money. Any idea’s on what to do here?

Re: Sec 8 tenant will not move! NJ - Posted by Jim Rayner

Posted by Jim Rayner on July 08, 2002 at 13:36:33:

KA,

here are the Section Eight termination regulations I’m not sure from your post if you properly served notices Sale of the property is considered other good cause:

TITLE 24–HOUSING AND URBAN DEVELOPMENT

CHAPTER IX–OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING,
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

PART 982–SECTION 8 TENANT BASED ASSISTANCE: HOUSING CHOICE VOUCHER PROGRAM–Table of Contents

Subpart G–Leasing a Unit

Sec. 982.310 Owner termination of tenancy.

(a) Grounds. During the term of the lease, the owner may not
terminate the tenancy except on the following grounds:
(1) Serious violation (including but not limited to failure to pay
rent or other amounts due under the lease) or repeated violation of the
terms and conditions of the lease;
(2) Violation of federal, State, or local law that imposes
obligations on the tenant in connection with the occupancy or use of the
premises; or
(3) Other good cause.
(b) Nonpayment by PHA: Not grounds for termination of tenancy. (1)
The family is not responsible for payment of the portion of the rent to
owner covered by the housing assistance payment under the HAP contract
between the owner and the PHA.
(2) The PHA failure to pay the housing assistance payment to the
owner is not a violation of the lease between the tenant and the owner.
During the term of the lease the owner may not terminate the tenancy of
the family for nonpayment of the PHA housing assistance payment.
© Criminal activity. Any of the following types of criminal
activity by the tenant, any member of the household, a guest or another
person under the tenant’s control shall be cause for termination of
tenancy:
(1) Any criminal activity that threatens the health, safety or right
to peaceful enjoyment of the premises by other residents;
(2) Any criminal activity that threatens the health, safety or right
to peaceful enjoyment of their residences by persons residing in the
immediate vicinity of the premises; or
(3) Any drug-related criminal activity on or near the premises.
(d) Other good cause. (1) Other good cause'' for termination of tenancy by the owner may include, but is not limited to, any of the following examples: (i) Failure by the family to accept the offer of a new lease or revision; (ii) A family history of disturbance of neighbors or destruction of property, or of living or housekeeping habits resulting in damage to the unit or premises; (iii) The owner's desire to use the unit for personal or family use, or for a purpose other than as a residential rental unit; or (iv) A business or economic reason for termination of the tenancy (such as sale of the property, renovation of the unit, or desire to lease the unit at a higher rental). (2) During the initial lease term, the owner may not terminate the tenancy forother good cause’’, unless the owner is terminating the
tenancy because of something the family did or failed to do. For
example, during this period, the owner may not terminate the tenancy for
``other good cause’’ based on any of the following grounds: failure by
the family to accept the offer of a new lease or revision; the owner’s
desire to use the unit for personal or family use, or for a purpose
other than as a residential rental unit; or a business or economic
reason for termination of the tenancy (see paragraph (d)(1)(iv) of this
section).
(e) Owner notice–(1) Notice of grounds.
(i) The owner must give the tenant a written notice that specifies
the grounds for termination of tenancy during the term of the lease. The
tenancy does not terminate before the owner has given this notice, and
the notice must be given at or before commencement of the eviction
action.
(ii) The notice of grounds may be included in, or may be combined
with, any owner eviction notice to the tenant.
(2) Eviction notice. (i) Owner eviction notice means a notice to
vacate, or a complaint or other initial pleading used under State or
local law to commence an eviction action.
(ii) The owner must give the PHA a copy of any owner eviction notice
to the tenant.
(f) Eviction by court action. The owner may only evict the tenant
from the unit by instituting a court action.
(g) Regulations not applicable. 24 CFR part 247 (concerning
evictions from certain subsidized and HUD-owned

[[Page 590]]

projects) does not apply to a tenancy assisted under this part 982.

(Approved by the Office of Management and Budget under control number
2577-0169)

[60 FR 34695, July 3, 1995, as amended at 60 FR 45661, Sept. 1, 1995; 64
FR 26645, May 14, 1999; 64 FR 56913, Oct. 21, 1999]

NO. That wont work. do this - Posted by Izzy

Posted by Izzy on July 08, 2002 at 11:25:42:

they wont move because it is not worth any reasonable amount of money for them to move… you are talking about them relinquishing their government subsidy forever.

Instead, go through with the sale, and place a hefty amount of the proceeds in escrow so that thebuyers will be willing to allow the sale to happen although the house is occupied.

youll get your esrowed funds within 2 months then… as soon as they are out.

what do you think?

Pay’em to move. It’s the Cheapest way! - Posted by John Merchant,JD

Posted by John Merchant,JD on July 08, 2002 at 10:24:21:

Do what most of the pros have learned is the easiest and cheapest, in the long run: go talk to them and make them an offer they can use.

Make a “doorstep” deal with them to move, with your paying them all/some of moving costs, or refunding their deposit, or something along these lines. With your paying them once they’re out and you have the only key!

It’s a LOT cheaper and more cost effective than any kind of eviction process, and maybe you can even get them to clean up and/or not wreck the place on their way out.