Sec 8 tenant and eviction process

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  • #3929

    kiterunner62
    Participant

    We have a sec. 8 tenant that is a huge problem. She has not paid her portion of the rent, $42.00 each month since January. Housing paid Jan and Feb. rent.
    1. the house past housing inspection when the tenant moved to the house Dec. 1, 2017.
    2. the tenant was to get water and entergy service in December, 2017. (the routine is when the tenant calls for service at the house address , entergy and water company will disconnect us. (our account) and change to the new tenant.
    3. She did not get entergy or water until Jan. 3rd, 2018. The entergy and water were on us. The bills were in our names but she was the “user”. When I found out about this, I called entergy and water and cut off the accounts and paid the bills.
    4. We filed for eviction of the tenant. When we filed the tenant immediately called for housing inspection. The house failed inspection due to damages, etc. (needed painting, broken electrical outlets,etc.) THe house was newly painted and all passed inspection in December.
    5. We believe the tenant did the damages herself in order to avoid losing her sec. 8 voucher.
    6. Before she moved in the previous landlords were called but did not return the calls.
    7. I recently called the landlords and explained the situation of the house failing and so in. The two previous landlords told me “she was in a pattern of doing the damages herself” to avoid losing the voucher.
    8. Both landlords experienced the same “scene” as we have had. House passing inspection, then failing inspection.
    9. We had an inspection on friday. We also had eviction court on tuesday. The judge put the case on hold until April 9th, so we could make the repairs.
    Question: It is best to leave the repairs not done and force the move to another house? We want to be “rid of her”. The previous landlords said, just get rid of her that she was dangerous, almost cause a fire at one house.
    We will be glad to make the repairs but would prefer that housing move her to another house.
    I hope that housing can go ahead and move her. She also accused me, the maintenance guy and the ac/heating guy of going through her things and taking items. (This is rediculous). This is a first time.

    So, we are the 3rd house that she has been evicted from, in texas she lost her housing. NOt sure yet In Louisiana.
    We just want her gone. I hope we do not have to wait until APril 9th court. We are in hopes that housing just moves her. I would like to see the interior of the house at this point, but I do not want to trigger her in anyway, so that she does more damages.

    Should we just stay quiet and do nothing until we hear from housing on their decision to move her? I hope they can move her without waiting on the court date.
    This lady is a true psyc. case…..

    thanks.

  • #3931

    Bassmaster
    Participant

    Generations of people who expect everyone else to pay their way has led to this.

    Everything seems great in theory. Help people out “temporarily” until they can get on their feet. Encourage available housing through subsidies and other plans.

    I don’t think there is much you can do but wait.

  • #3932

    kiterunner62
    Participant

    Yes sir you are absolutely correct. In this tenant’s own way she is smart as she knows how to work the system and the people in the system. She has a track record of non-payment of rent (her portion) which is minimal, entergy and water bills and whatever. She gets “health insurance” for her “allergies” , she is allergic to everything she says. I will add that she has bucks to get the “long,nails done regularly” and the multiple wigs. HOuseing and the states are not doing their jobs in “cross-referencing” the social sec. number with her multiple last names. we found out yesterday that “housing is moving her to another house and landlord”.
    This is great!

    I think all folks need to learn to work and not sponge off the government and other folks.
    THanks for you reply.

  • #3934

    Gibson39501
    Participant

    When u file for eviction include judgement for damages u may have to go to small claims but she should be shut down.

    If u have a “passed” inspection and then damages were done u need to press this issue at eviction or on papers

    We have a wonderful sec 8 tenant for years……this woman gives all a bad name

    Remember to take pictures before move in and have a tenant check off a “ condition “ list easily found and printed from the internet signed!

    Only problem I see is if u turned off HER account with Entergy and Swb. U would have to recover those cost in small claims. Entergy is pretty quick. But SWB is notorious for not billing on time etc.

    A sec 8 tenant isn’t afforded any rights any other tenant has. She signed the lease when u went for paper signing right?

    Good luck

  • #3935

    Gibson39501
    Participant

    Yes let it fail

  • #3936

    Gibson39501
    Participant

    Oops hit enter to fast. Did the Judge order the repairs? Why?

    U should be allowed to evict on any lease violation

  • #3937

    kiterunner62
    Participant

    The judge basically did nothing but give us a new court date of April 9th. He was interested in what housing would say about this and wanted to know if we “did the repairs” by that time.

    I sent an email with the history of the tenant to the EBR housing authority, case worker and the DIrector of Inspections and told him what I had found out about her history on non-payments of rent, entergy, water etc and the fact that she had been evicted previously with the same repeated pattern. I told Housing that I thought it best “they move her as quickly and quietly as possible” and that I wanted to leave her alone and not trigger any more damages to the property. My son, owns the houses and I am the property manager. I had kept a timeline of the activities at the house and turned it in to housing. My son, talked with housing yesterday and they are moving her to a new location. SO, it’s gonna be interesting if she stays in the same pattern. All we want is her gone. NOw we are playing the waiting game and hopefully she is moved in the next 8-10 days or so. Housing has to find her a house.
    I have the pictures before she moved in, the house passed inspection with flying colors. Then when the eviction was filed, she called for inspection to “see the damages”.
    When she is moved, I will take pictures, etc.

    I also had the Federal ruling on sec. 8 housing: 24CFR 982.310, Owner termination of tenancy.
    so I guess the court date of April 9th is a moot subject now. However, I do feel like writing the judge and telling him the full story and that something should be done. I am sure Sec. treasurer, John Kennedy would like to get in on this bandwagon.

    This lady does need to be stopped. However, the judge just delayed the hearing and wanted the repairs. I didn’t get a chance to explain to him the situation at all. That’s why I’d like to write him a letter teliing him the “events”.
    I will keep you posted. The big problem is that she has several last names, same first name, all under the same social security number and the various state systems need to be cross-referenced. I would bet we would be in for a big surprise. The states systems of the different states need to be cross -referenced if a person is going from one state to another. THis is only my opinion.

  • #3938

    kiterunner62
    Participant

    The house did fail, which is good. This is only temporary until she moves. I did ask housing to try and deal with her not to leave a mess in the house and move quietly. I told housing that I was afraid of more damages that she might do after they did their inspection and we failed. The house was newly painted and passed initial inspection in December, so it went down the drain fast. SHe did put up a $400.00 deposit, not at once but in several tries, this we will retain and use towards her unpaid water and entergy bills. SHe is really going to be upset with not getting her deposit back.

    RIght now, we are quiet and just waiting on her to move.

  • #3939

    kiterunner62
    Participant

    I just found the BR City COurt document, it says I have court on April 9th at 10:00 AM. It also says that if I fail to appear a bench warrant will be issued for my arrest. So I guess I have to go. I sure don’t want to be arrested. Now, I wonder if she is going to show up?
    that’s the question?

    I will go and bring my documents, if she is moved, i wonder if she will show up. I guess she got a copy of this document, she left out fast.

    ANy suggestions on what I should do?

  • #3940

    kiterunner62
    Participant

    I don’t know if the tenant will be in court on April 9th or not. I did receive the housing report. It says the kitchen and closet doors were down. These were put with all new hardware and worked perfectly. She either took them off the tracks or a small child that was there played on them. Said, electrical outlets were off or broken,
    (the house passed inspection in december, so who took the electrical plates off or broke them? Said needed a new AC filter, we just put the 6 month filter in , December 1, 2017. Said walls needed painting, all were painted prior to her moving in. Now that the inspection is over, i hope she does not do any more damages than are already there. I will take pictures when they let me know she has moved and compare with the ones I took when the house was finished in December.
    I hope the judge gives me a chance to say, that she had not paid the rent, nor the entergy and water bills. I don’t know if he will, but if he does not , I am going to ask him if I can explain the situation. I hope she is moved by housing by that time. I have asked housing to let me know when she is moved.

  • #3941

    Gibson39501
    Participant

    Firstly Sec 8 doesnt “find” a tenant housing. A section 8 voucher is issued a voucher and has 60 days to find a place…and this cant be extended once… (that used to be the rules. When you rent to a sec 8 tenant the housing authority has no real jurisdiction over you or the tenant. the landlord is afforded the same rules that the lease imposes on the tenant. Sec 8 voucher holders are afforded NO extra exemptions from the LEASE you sign and file with the HUD when you sign all the papers. Make sure you send and itemized list of and cost of WHY you are witholding her deposit. You must do this within 30 days of the termination of the lease. If you dont have a forwarding address send copies to her at the address AND to HUD… she may backfire and accuse you of not notifying her of the reasons you are keeping her deposit and it can double on you… $800 for not complying also after court you may want to visit the HUD office and give the case worker copies of the rulings. If HUD paid you they may take back rent .. Unfortunately ver few are actually removed or have their vouchers revolked…otherwise the abuse wouldnt continue. Good Luck and remember PICTURES PICTURES before they move in and when they move out – do a walk through. do not enter the premises until the court allows YOU access….. Good Luck…. keep us informed. Also you have a right to screen your tenants even with a sec 8 voucher. its best to not let them move in until all the paper work etc is DONE!

  • #3943

    kiterunner62
    Participant

    I will keep you informed on all. Housing sent us a letter that they terminated the house on March 9th as is failed inspection. We do have the court date of April 9th. However, in the meantime, I am issuing another notice to vacate within 5 days. I have put the reasons , as the no rent payment for Jan. , Feb. and Now March.
    Plus the late fees. Then the non-payment of the entergy and water bill. I have pro-rated the rent for march. Hosing is not paying this at all. She is responsible for the entire amount $916.00.

    I do have pictures of the house before she moved in. It also passed inspection. When she vacates and we start the repairs, i will do the list of repairs, etc. and why we are not refunding the deposit. I have given housing all documents that I have posted and the court documents, so they are well aware of the entire “episode”. i have printed the notes you sent on the itemized list of costs, etc. and will do this.

    I appreciate the guidance.

  • #3944

    kiterunner62
    Participant

    I posted another NOTICE To VACATE in large Letters and the 5-day notice to vacate on the door, with the amounts due in rent and late fees, etc. It was for all to see. I also put a letter to her stating that she is not on the housing lease rules and regulations and was only on our lease. We do not have to give her 24 hour notice to inspect or enter, we have the right of access in our lease. I also gave her a copy of this part of the lease and the evictions statements. She does have the full lease, but I wanted to make sure she knew this. I have plenty of pictures before she moved in. I am anxious to see what the house looks like now. When I saw her on thursday, she stated that “she could not talk to me as she had just come from the doctor and she was a heart patient and in danger of a stroke. at 36 years of age, she has “more ails than you can imagine”, however I think it is more “chinese arthritis” which is lead in the rear, work-a-phobia that is afraid of working. She has no visible income other than the goverment assistance, etc., does not work at all, no car, etc. She did have a truck but not sure where it is now. She can afford the “beyounce long curly wigs, and many dred locks wigs and nails about inch and a half long. None of this is cheap. So, now the 5 days started on Friday. So monday of the coming week, and friday,will end the 5 days. I seriously doubt that she will be out. At LSU and Southern in the apartment complexes, if the rent is not paid the managers put lock boxes on the apartments and put the stuff on the street. Needless to say they change the locks.
    Her past landlords say that she should be stopped, but I am not sure how. She has several different last names, which tells me she is in the “system” under different names and maybe more than one social security number. I seriously doubt that the “states” cross-reference people as they move from state to state and get “major funding”. I strongly believe that states should cross-reference, instead of opening the door for more abuse and getting no history on the “clients”.

    She still does have housing privileges. I am not sure what they are doing and she is suppose to be looking for a house. I hope she is out by the end of march. I do not want to wait until court on April 9th. Now we have just a “simple eviction” and no longer on housing rules. I have receipts of all expenses and pictures. I will send the information to her and to the case worker at housing when she has vacated the house.
    This lady needs some serious psychiatric help. SHe is brilliant in working the system. She gets food, phones, wigs, nails, schooling for kids, health insc. medicines all for “free”.
    While most people are out working their butts off to stay afloat. She has no pride in herself.

  • #3949

    kiterunner62
    Participant

    Folow-up on this “saga”. We called housing and she has gotten a new house in the parish. I did put up a 24 hour notice to enter the dwelling. I did take pictures. On the housing report that we “failed” the inspection. It stated that the kitchen and closet doors needed to be reinstalled as they were down. To my amazement the kitchen doors were back on tracks! I checked in the bedrooms and the closet doors were up on their tracks! I kept quiet. As the house passed Nov. 2017 inspection and then she move in Dec. 1st, 2017 all was good. HOuse went down the drain between Dec. 1st 2017 and Jan. 27, 2018. The question is: All doors were down for the inspection and then yesterday they were all “up and working”! What is one to assume? Were they forced off the tracks for the inspection and then reinstalled? I don’t know. The complete interior had been repainted. SHe used small tacs and small nails to put up more pictures, signs, etc. I took pictures of these. SHe is suppose to move on Friday, April 6th. I do not know where she is moving. I have not been called by the “new victim landlord”. The total rent that is due is $1,427.71 (this is rent and late fees). Then she had outstanding entergy and water bills. SHe also told me yesterday that she was going to the court hearing on the 9th and that she had pictures. I do hope the judge will let me say something for a change. That “we” are her 3rd landlord victim and her 3rd eviction, one in texas and one in new orleans. Yesterday, there was little or no furniture in the house, no beds, no living room furniture, etc. so, not sure what is happening. I also have the bills for the november paint, labor, etc. The electrical outlet behind the refrigerator had been broken. All outlets were good and passed inspection in NOvember. I have kept housing on the radar for t his tenant. When she vacates, I will do the repairs report, rents due, etc. and take from her
    deposit. I will also send the accounting to housing and to her, if she leaves a forwarding address.
    I would like to file against her in small claims. It will probably be a waste of money. I admire this lady as she is simply brillant at working the housing group and the government for vouchers, phones, health insc. etc. SHe also stated that she “has a heart problem”. This seems to act up if you ask her about any payments!
    So she has sporadic heart problems. I have no idea what her income is or where it comes from, other than government assistance. The system has not checked on her in Texas or Louisiana or cross-referenced her. They might get a surprise.
    I will keep you posted on the outcome. WIthout housing in the picture is should be just an “eviction”.

  • #3950

    kiterunner62
    Participant

    We have court on Monday. I got a text from her that she would return the keys when I gave her the deposit back!
    Now, this is a trip!

  • #3951

    kiterunner62
    Participant

    Court today> She got evicted and has to be out by this coming friday. this is good. I will do the invoice of past rents owed, and accounting of repairs, etc. When I get the judge’s ruling, i will also send a copy to Housing. I have kept housing informed on all of the proceedings. She has a house to go to! I have text message from her that she wants her deposit when she returns the keys. SHe is not giving me the keys until she gets her deposit. We change the locks anyway.
    Right now she owes a little over $3000.00, in past due rent, late fees, entergy and water bill.

  • #3952

    kiterunner62
    Participant

    question: I have the state of texas medicaid forms with one of her other names. SHe is in texas system under 1 name and louisiana under another name. Should I send these forms or at least the numbers, so they can be checked? I wonder if they will do anything about it. Somehow I doubt it.

    In court today, she also has several money order checks that she said she gave to me or let me know about. This isn’t true at all. I only saw 1 money order but did not accept, as it was less than a partial payment and I didn’t want to kill off my eviction notice.

    Also, on the monies owed. Should I go ahead a file in small claims court? I probably won’t get anything but again, it is the principle of the events. Again, this lady is a “pro” at working the system. I wish I could have told the judge about her “claims” to working at the courts houses in texas and baton rouge. She has done nothing but told one lie after another.

    The systems need to “catch up with her” in more ways than one. I thought I was smart, but she is brillant at working, lying in the system and getting away with it.

  • #3953

    kiterunner62
    Participant

    Question: When I do the accounting on the damages, costs, etc. unpaid rent, etc. You said, send to HUD, is this east baton rouge parish housing authority? I will send a copy to her, housing and keep a copy. I doubt she will leave a forwarding address. I don’t know. Should I send to the present address? or should i bring her copy to housing and let them give it to her?

    SHe is to be moved out on friday, April 13th. I do not intend to contact her before that date. I can check the house when I get off work on friday afternoon. I do have a key.

  • #3954

    kiterunner62
    Participant

    The judge gave her until Friday, April 13th to move. SHe texted me that she was not going to return the keys until I gave her the deposit back. She said the judge dismissed the case but gave her until friday. I did make it very clear that the house past inspection in November prior to her moving in Dec. 2017. She also says she is not going to return the keys until I give her the deposit back. I have 30 days to send the accounting to her and to housing. SHe oves over $3000.00 in rent, late fees, other bills, etc. We need to inspect the house after she has vacated the house.

    I feel like calling the judge and telling him of her past history of non-payments of rents and 2 other evictions on the same grounds. I have not gotten the written judgement yet. I doubt seriously she will move on friday.
    She has no visible means of “green money’ income.
    I did send her the housing rules and regulations on deposit return and the conditions. SHe does not meet any of them.

  • #3955

    kiterunner62
    Participant

    The case was dismissed. The judge asked her if she had a house to go to. SHe is to be moved by Friday, April 13th. She is back into a housing unit.

  • #3959

    kiterunner62
    Participant

    She was suppose to be gone today at 5:00 PM. I called the judge’s office and was told she did not have to leave today that she had filed motion of continuance with the reason being that the house had to be inspected before she moved in. They had set the court date for math 14th. I asked if they could get another court date, so we cwould not be out another month’s rent! It it set for April 26th.

    THis is something. the judge is giving her every break he can. While we are out the rent.

    The tenant is brillant at working the system.

  • #3960

    kiterunner62
    Participant

    The tenant has moved. We have court on April 26th. I am preparing my accounting and doing a letter of denial of deposit and the accounting list , each itemized. I will bring to court with me. The tenant has not returned the keys and will not until I return the deposit. The letter for denial of deposit and the itemized list will be sent to housing for the record. I have kept housing in the loop and they have copies of all documents.

    I am curious as to what will happen in court as she has moved. SHe said she would see me in court. I have also made copies of the rules and regs on louisiana deposits.

    I have documents showing that she receives medicaid in Texas under one name and in Louisiana under another name. I made copies. I think I should give to the judge to review and question.

  • #3961

    kiterunner62
    Participant

    Follow-up: I sent a certified letter to the tenant and a copy to housing a letter of denial of deposit. I also included an itemized list. I also had pictures. SHe even took the brand new fire extinguisher! SHe moved out on April 13th. To this date, she has not returned the keys nor did she leave a forwarding address. Court is on thursday. I made a copy of the letter and will give to her in court. The court document says eviction.
    I hope thursday is the end of this saga.

  • #3968

    kiterunner62
    Participant

    She did not come to court. SHe called and said “she was in the hospital”. SHe was always either attending a funeral or in the hospital. SHe was evicted. I sent a copy of the court ruling to housing and a certified letter to her with the court determination and a copy of the invoice. I sent certified return receipt requested. I got the green card back but it was blank. I also sent as attachment to her email.

    To date, have not heard from her. Should I file in small claims court? Probably would not receive any compensation but it would go on her record.

    I appreciate very much your advice and guidance in this case.

  • #4005

    Gibson39501
    Participant

    Since she does not have anything u can attach or garnish from small claims why spend the monies? She doesn’t evidently care about her credit rating or dings on her credit. Be glad she is gone!

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