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If he was in a lease, and simply not paying, he would be forcibly evicted by the Sheriff on approximately the 22nd of that same month. Evictions can take as little as two days in Arizona....and that's for people in a lease. The law clearly states that a LL can not renew a tenants lease for ANY reason without it being considered retaliatory, period. I do have a property manager, who is licensed by the state. Haven't been real impressed with her performance. I have no indications that he will stay beyond the lease, but preparing for the worst.
No state in America will allow this.
Anyway, the tenant has until the 30th of the month to leave. What's the rush??
Have you spoken with their Section 8 rep? That would be my very first step. Call them up and let them know you are intending to move back into the house on the 1st, per the notice your property manager previously sent. Find out if the tenant has even put in for a transfer of their assistance yet. Also, inform them that the tenant did not pay their share of the rent for January.
In my area, you can evict over non-payment of the tenant share of the rent on a section 8 assisted tenant. After you receive the Section 8 payment, you serve a 3 day eviction, and then when they don't pay the remaining share, you set a court date, take them to court and evict. Same as any other tenant. Your area may be different, but don't assume you can't evict without knowing the rules.
And no, you can't just call the police, the police will tell you to sue for possession of the property. They aren't trespassing. They are illegally staying past the end of their lease term after being served notice to move. Two totally different things, as others have said.
It doesn't sound to me like you have any reason to believe that they aren't going to move. If they don't move on the 31st, then you deal with that, but in the meantime, the only issue you have is the non-payment of this month's $80. I assume they have a deposit, so you can include that $80 in their deductions.
If they don't move, and force you to evict them, they risk losing their Section 8 assistance, so my guess is that they will move on schedule. One of the things I like about Section 8. "You will lose your Section 8 assistance if you screw up" is pretty good motivation for most of them.
Personally, I would just call the tenant up and just totally act like it is an assumed thing that they will be out. Tell them you are calling to get utilities in your name as of the 31st, and will be arriving with your truck the morning of the 1st, and just want to confirm whether they will be returning the keys to the property management office, or leaving them in the house. See what they say. But call the Section 8 rep first and have a conversation with them.
This is the best response, thanks. The fact that the tenants will be continuing on in the Sec 8 program is clearly on my side. I did speak with someone at the electric company, and they stated people go ahead and have it switched over and sometimes have it disconnected, then the tenants are unable to restart it in their name. I could probably have their car towed out of my space, which is a limited use common area, after the 31st, and they would have to have a valid lease to claim wrongful towing.
This is the best response, thanks. The fact that the tenants will be continuing on in the Sec 8 program is clearly on my side. I did speak with someone at the electric company, and they stated people go ahead and have it switched over and sometimes have it disconnected, then the tenants are unable to restart it in their name. I could probably have their car towed out of my space, which is a limited use common area, after the 31st, and they would have to have a valid lease to claim wrongful towing.
Before you transfer utilities or have their car towed, get some legal advise. Someone receiving Section 8 is going to have free legal resources, and you could end up with major financial repercussions for doing this stuff. It's not allowed. Don't try and get creative. You may think you're solutions are logical, but they're not legal.
And nobody forced you to rent to a Section 8 tenant. The rent seems pretty cheap, and yet you couldn't find tenants that could afford it???
It's illegal to tow vehicles or shut off utilities if they are still living there. They ARE tenants...even if they stay past their lease expiration date. They are simply tenants that stayed longer than their lease. I think they are called holdover tenants.
They don't stop becoming tenants at midnight when the lease ends.
Lucky for you, they rely on section 8. They won't want to screw up the money train, unless they don't realize that staying longer will mess them up.
This is the best response, thanks. The fact that the tenants will be continuing on in the Sec 8 program is clearly on my side. I did speak with someone at the electric company, and they stated people go ahead and have it switched over and sometimes have it disconnected, then the tenants are unable to restart it in their name. I could probably have their car towed out of my space, which is a limited use common area, after the 31st, and they would have to have a valid lease to claim wrongful towing.
Yeah, in most states, it is illegal to put the utilities in your name and then have them shut off on a tenant. You can have them put in your name, but subsequently having them shut off for the purpose of forcing a tenant out is illegal.
Having their vehicle towed is most likely also illegal, since their use of the space goes along with their use of the dwelling, which until a judge says they have to get out, they still have.
Yeah, in most states, it is illegal to put the utilities in your name and then have them shut off on a tenant. You can have them put in your name, but subsequently having them shut off for the purpose of forcing a tenant out is illegal.
Having their vehicle towed is most likely also illegal, since their use of the space goes along with their use of the dwelling, which until a judge says they have to get out, they still have.
Don't start doing things that will get you sued.
I referred to "self-help remedies" in an early reply. Do either of those self-help remedies and you could find yourself not only being sued in civil court but the tenants could charge you criminally if you have their car towed.
You have a one-track mind and your rigidity is going to land you in trouble. Mostly it will cost you financially to do what you propose to do as thelaw is very much against landlords who use self-help methods; often imposing a penalty upon costs incurred.
I'm now done with the OP and his insistence upon circumventing due procedure.
You might remind your tenants that their non-payment and lack of cooperation just might endanger their ability to stay on the HUD program. Since they will have to move eventually, through a court order, they are certainly going to want to take their voucher with them.
Even with their cooperation, you probably aren't going to be in by Feb 1 (they need to have someplace to move to )so reserve your space elsewhere.
bluegrey: If you ever even think of re-renting this unit you need to thoroughly read your state landlord tenant laws (probably linked in the first "sticky" on this page) so that you fully understand the legal responsibilities of both landlords and tenants. Your knowledge is obviously very limited to the point of non-existence. You chat with one person who tells you that some landlords shut off a tenant's power to force him out and think that sort of action is perfectly OK when of course it's not and is completely illegal. You mull over towing a tenant's vehicle which has been customarily parked in the same spot for the duration of the tenancy and think that too is likewise OK which it's absolutely not.
Posters here are trying to give you decent advice and then you come up with some other half-cocked idea which can only land you in a whole lot of trouble. IF your tenant doesn't move out by January 31st then retain a lawyer as the mere thought of your trying to handle the eviction process is very sobering. Good luck.
D. "When tenancy is for a certain period" (It was for a fixed one year lease) under written or verbal agreement (it was notarized) "and the time expires" (1-31-2013) "the tenant shall surrender possession. NOTICE TO QUIT OR DEMAND OF POSSESSION IS NOT THEN NECESSARY."
E. "A tenant who holds over possession of property against the will of the landlord shall not be considered a tenant at sufferance or at will."
So it seems like we've come full circle. A) they are no longer considered tenants B) A court order would not be necessary.
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