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Old 11-30-2010, 01:21 AM
 
Location: Australia
45 posts, read 52,489 times
Reputation: 24
Default Who pays Section 8 damages?

If a Section 8 tenant damages property, who is liable for the repair bill?
Landlords Insurance or the Section 8 programme?

I understand that for the most part the tenant would be unable to come up with the repair costs.

Is a landlord penalised on their insurance if they have to make claims for Section 8 tenant damage?
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Old 11-30-2010, 07:39 AM
 
Location: Seaford, Delaware
3,338 posts, read 9,456,429 times
Reputation: 2161
Section 8 pays nothing but the rent. Read the agreement with the housing authority. I managed an apartment for an owner who had Section 8 in an apartment. In Texas, the housing authority only paid the rent. The housing authority inspected once a year and gave me a list of needed repairs. The needed repairs were dmagage done by the tenant. Any damage was the responsibility of the LL. I seriously doubt any insurance will pay for damage from a tenant.
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Old 11-30-2010, 12:53 PM
 
13,114 posts, read 23,395,010 times
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Section 8 eliminated paying damage claims many years ago... I was the last one in Oakland to recover damages from the Housing Authority.

Two weeks remaining under the old lease and the tenant disappeared... I eventually collected the maximum of two months rent for tenant caused damage.

I know of several cases where insurance has stepped in.

Both were kitchen grease fires caused by tenant negligence... insurance paid me, less deductible and went after tenant... tenant filed bankruptcy and the other worked out a 5 year payment plan.
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Old 12-01-2010, 11:36 AM
SXN
 
349 posts, read 552,777 times
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Quote:
Originally Posted by Ultrarunner View Post
Both were kitchen grease fires caused by tenant negligence... insurance paid me, less deductible and went after tenant... tenant filed bankruptcy and the other worked out a 5 year payment plan.
I also have several former section 8 tenants who are on payment plans, but the owner of my complex has not received a dime from them. The cost of taking them to court outweighs the amount they owe, so nothing will probably happen. Best thing is to perform the annual inspection and start building a case for eviction if it looks like the apt is being damaged.
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Old 12-02-2010, 05:32 PM
 
Location: Maple Grove, MN
49 posts, read 85,007 times
Reputation: 25
bev,

Read the agreement with the Section 8 provider, it will state exactly what they will do. Then you go to the Lease and see what that says, which probably says the Tenant is responsible for the damage they caused. Depending on the situation, the Landlord's insurance may provide some support, but it will be situation specific and on a case-by-case basis.

For those that have told the OP to start the eviction process, keep in mind that the agreements the Landlord signed with Section 8 limits what they can and cannot evict for and under what circumstances. There are generally more hoops to jump through and it isn't always the best way to go.

In all of the Section 8, or similar, agreements I have come across, in MN, there has been language that allows for eviction or damages to be sought from Tenants in the event of their negligence. That said, sometimes it's easier to just pay to have it fixed so Section 8 keeps paying.
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Old 07-07-2013, 09:50 AM
 
7 posts, read 10,118 times
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Section * should be done away with as it is widely abused by the tenants. My section 8 tenant had a son who use to have seizures. Her 3 small children are all in school and she is capable of working and should be. She rather sit home drink and lie on her back entertaining her friends and destroying my house when she has her drunken friends over. Then her ex-husband drives a big rig with a small trailer. Destroyed the garage door as he was trying to hide the truck parking the truck between the house and the detached garage. Bother front and back doors has to be replaced as the doors had been kicked in and screw-drivers tore up the jams. The front storm door (Pella) was not secured and tore that jam up also during a windy storm. Neighbors witnessed it swinging back and forth. Tenant was told to secure this door during the storms. Both inter door and master door were solid wood doors. Two smaller room were venere shelled doors and the had the door stops punched through the venere and door handles punched through the drywall.. The master room had one outlet kicked into the wall and bathroom door kicked in and jam damaged. All they needed to open that lock would have been a small stiff wire. Brank new carpet and superior padding all replaced 2 month before I moved out as well as new vinyl in Bathroom and kitchen. Different seat in bathroom where kids were. Nothing holding it down. Walls all have to be repainted after the holes are repaired and grubby paw prints all over. I doubt if the use the shower or bath as these were the cleanest of the facilities. All in all about $9,000.00 or perhaps a little over in 2 years time. Her friends were nor ex-husband were not on the lease, so this was a violation of the lease, so should not be too difficult to get a judgment.
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Old 07-07-2013, 09:58 AM
 
Location: DFW - Coppell / Las Colinas
17,178 posts, read 15,225,887 times
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Quote:
Originally Posted by vet69729 View Post
All in all about $9,000.00 or perhaps a little over in 2 years time. Her friends were nor ex-husband were not on the lease, so this was a violation of the lease, so should not be too difficult to get a judgment.
Good luck collecting on that judgment.
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Old 07-07-2013, 10:33 AM
 
Location: Small town Montana
1,168 posts, read 1,194,631 times
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Quote:
Originally Posted by vet69729 View Post
Section * (8) should be done away with as it is widely abused by the tenants.
Yes it is...however, there are people who use the program in the way it was intended to be used. It needs to be re-worked, but I disagree with eliminating it entirely.

My section 8 tenant had a son who use to have seizures. Her 3 small children are all in school and she is capable of working and should be.
Not your call...I assume you aren't a Dr? Perhaps she needs to be home to care for the son who has seizures? Finding a job that only takes place during school hours and allows time off during school holidays and summers would be rather difficult to find. I agree that she should be working if she is able and contributing to her own household - I disagree with your statement that it is that simple.

All in all about $9,000.00 or perhaps a little over in 2 years time.
You let them stay over 2 years? Sounds like they were violating the lease and destroying the property the whole time. Why let them stay? Perhaps it was the check that showed up in your mailbox each month...

Her friends were nor ex-husband were not on the lease, so this was a violation of the lease, so should not be too difficult to get a judgment.
I would suggest framing the judgment...it's likely all you will get out of it all. You certainly don't believe you will get any money from these people, do you?!
I wish you luck with your future renting experiences.
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Old 07-07-2013, 10:50 AM
 
Location: West Virginia
8,015 posts, read 15,584,648 times
Reputation: 4166
Some of us Are responsible! Since I was a home owner Before losing everything fighting for my SSD. I treat rentals as I would have treated my home. What I can't do I make sure gets fixed in a timely matter. I actually have seen Non Section 8 tenants do worse damage. Maybe You need to figure out what what attracts destructive tenants to your rentals. Or up your screening process.
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Old 07-07-2013, 11:10 AM
 
7,631 posts, read 4,877,129 times
Reputation: 10367
Nobody pays for Section 8 damage.

Section 8 won't. Your insurance will not pay for damage or vandalism caused by tenants, except in very rare cases, like they burned the house down.

The Section 8 tenants are getting Section 8 because they either don't have any money or they are very good at hiding their money and lying. So there is very little chance of ever collecting from them.

The security deposit is all the money the LL will ever see for damages or unpaid rent. So get as large a deposit as you are legally allowed to charge.

Also, in many parts of the country, the housing authority will fight you if you try to evict one of their clients. So somethimes you can not get a Section 8 tenant out.
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