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HUD & Section 8 goes by 30% income. What I think going by the web its income based BUT Has something to do with Taxes too. This is how my Apt Complex is tho I am also on Section 8. I suggest you contact Legal Aide to help you resolve the eviction But plan to move cause sounds like Mgr is not going to give you any peace. You don't want an eviction to follow you!
"landlords need good tenants" + we accet Section 8" = Are you sure about that?
I've had some excellent Section 8 tenants... mostly elderly widows trying to make it on $500 a month Social Security...
Presently I have only legacy Section 8 vouchers holders... have not accepted a new application since the program eliminated security deposit coverage...
HUD & Section 8 goes by 30% income. What I think going by the web its income based BUT Has something to do with Taxes too. This is how my Apt Complex is tho I am also on Section 8. I suggest you contact Legal Aide to help you resolve the eviction But plan to move cause sounds like Mgr is not going to give you any peace. You don't want an eviction to follow you!
That's exactly what I'm worried about. If we stay and fight the eviction and lose, we'll have an eviction on our record. Which 1. Will not allow us to us section 8 and 2. will damage our credit and make it harder to rent a new place.
How is it that managers can just take false complaints with no evidence as a means to evict someone? Do tenants not have any way to combat this?
If you are on month to month and asked to leave in 30 days... it would not be considered an eviction here... could be for any number of reasons... sale, renovation, etc.
An eviction is when the court has ordered the law to physically remove you.
I've never rented to anyone with an eviction on their record... just never done it simply because it really is the end of a long expensive legal process... at least here.
We have a year lease. What does the landlord/property manager have to prove? The only evidence they have, from my knowledge, are the repeated complaints for the two elderly women. Aren't these complaints hearsay? We've never had the cops called on us over any of these "complaints".
What kind of evidence could I use? This entire eviction/complaint situation surprised us and I have not saved any of the written responses to the complaint from 3 years ago, which described the harassment from the property manager and false complaints (I highly doubt they would have saved my written complaints and kept them in my file). But like I've said, I have at least 3 neighbors (2 of which are my next door neighbors) that will all vouch for my family. If we're noisy and throw parties, they would be the first ones to know about it.
Depending on applicable laws management may not have to prove anything as with a month to month or in the case of a lease... management only need prove violations of lease terms.
Management will make it's case to the judge and then you will have an opportunity to refute and having witness on your behalf could prove most helpful.
Can written complaints be used as evidence? I'm just trying to determine how strong there case would be. I feel like if it goes to court, it's going to be a lot of he said she said. They say I violated lease agreements, I say we didn't?
I'm just trying to weigh my options here and figure out the best course of action. This entire thing is stressing me out beyond belief.
Can written complaints be used as evidence? I'm just trying to determine how strong there case would be. I feel like if it goes to court, it's going to be a lot of he said she said. They say I violated lease agreements, I say we didn't?
I'm just trying to weigh my options here and figure out the best course of action. This entire thing is stressing me out beyond belief.
Thanks again
Reports and other written documents like letters and logs are used all the time... how much weight they are given depends on the Judge.
So an insane elderly woman who hates kids can basically write as many complaints as she wants in order to have a tenant evicted? Am I allowed access to these complaints? In the phone conversation I had with the property manager, I asked for clarification or evidence for all these complaints...the only response I was given..."It's been observed by other residents". When I asked about specifics, she said she couldn't share that with me, it was private. How am I supposed to form a defense against this claims if I can't even view them?
I'm in Idaho, which is a very landlord friendly state. As the landlord, we typically win if we go to court. Even here, though, we have never managed to evict someone for random lease violations. Our attorney has advised us that we have to have actual proof of the violations. Even personally witnessing the issues is not sufficient. We had someone recently who was smoking inside a non-smoking unit. The neighbor complained that the tenant had told her she smokes in bed every night (the neighbor was concerned she was going to burn the place down). When doing a scheduled inspection, we could smell smoke, and saw butts. Our attorney advised us that was not sufficient proof to win in court, and it would take 2-3 months to evict for it, even if we had proof. Fortunately, she didn't have the money for rent the next month, so we evicted for that, which is fast and easy.
So in my area, hearsay is definitely not enough. Even a confession from the tenant is not enough. We would have to have a dated photo of her with a lit cigarette in her mouth, inside the house.
In your case, they would need police reports for the noise complaints, or photos of the parties, or photos of the firepit in your yard. A statement from the neighbor who has filed the complaint would be considered, but as hearsay, not as proof. Statements from your other neighbors stating you weren't doing those things would be the same. The judge would consider that it is possible you are only harassing the one tenant, and not the others.
I think you would most likely win, and that the LL is trying to bluff you out. However, if the LL did take it to court, that eviction hearing, win or lose, would be on your public record forever, and even if you win, would still make it tough to rent anything in the future.
However, you stated that last time you got a notice, you went to the boss and got things amicably resolved for 2 years. You haven't said that you tried that again this time. Have you even sent a response to the notice of violations? If you haven't told your side of things, the LL has to assume the other side is right.
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