How can you evict a tenant who is on section 8 (in California) ...who owes rent and is dealing drugs?

Question

in my property ? He owes rent too. I heard it is very difficult to do so because he claims dissability (on SSI).

Answer 1

Research your California landlord rights

http://www.google.com/search?q=California+landlord+rights&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a

I agree if you know for a fact that he is dealing drugs out of the home then report him to the police.

Answer 2

You can evict due to non-payment of rent. It doesn't matter if he is Section 8 or collecting SSI.

If you have never had to evict before, I highly suggest that you hire a local attorney that specializes in evictions. It will cost you $$, but you want this person gone, correct?

With evictions, if any notice is not filled out and served exactly as the law requires, you will have to start the process over. That is why I suggest an attorney - so it will get done right, the first time.

Three-day notice

A landlord can use a written three-day notice (eviction notice) if the tenant has done any of the following:

Failed to pay the rent.
Violated any provision of the lease or rental agreement.
Materially damaged the rental property ("committed waste").
Substantially interfered with other tenants ("committed a nuisance").
Used the rental property for an unlawful purpose, such as selling illegal drugs.

If the landlord gives the tenant a three-day notice because the tenant hasn't paid the rent, the notice must accurately state the amount of rent that is due. In addition, the notice must state:
The name, address and telephone number of the person to whom the rent must be paid.

If payment may be made in person, the usual days and hours that the person is available to receive the rent payment. If the address does not accept personal deliveries, then you can mail the rent to the owner at the name and address stated in the three-day notice. If you can show proof that you mailed the rent to the stated name and address (for example, a receipt for certified mail), the law assumes that the rent payment is received by the owner on the date of postmark.

Instead, the notice may state the name, street address and account number of the financial institution where the rent payment may be made (if the institution is within five miles of the unit). If an electronic fund transfer procedure was previously established for paying rent, payment may be made using that procedure.

Answer 3

It takes about 3 months to evict someone.....and they can stay put till they are served with the eviction notice. If hes dealing drugs you should stake out your property and catch this on video if you can....also call the police and have a report taken. If you make a claim that he is dealing drugs then you need 100% accurate if you call the police!

Also call the section 8 office where he is getting assistance from and notify them of the problems you are having as well as this tentant dealing drugs. They may be able to offer you assistance in this matter.

Answer 4

1. A three day notice to pay rent or quit with copy sent to his worker in section 8
2. If by 3 days hasnt pay, go to an evictions lawer and start the eviction, allways send copy to section 8.
Sometimes lawers dont know regulations and prefer evict those without section 8 but it is the same procedure, same time and everything the same, sometimes bring lawers from
government, but those lawers arent good enough, you have your rights, enforce them

Answer 5

If he's past two months rent you can legally envict him through the courts. But you own the residence and just take a police with you when you check your property and if drugs are to be found, then there's your eviction because his *** is in jail!

Answer 6

You have to go to owner/tenet court to have someone evicted. You want to do it legally or they could sue you and get your property. Do you know for sure he/she is dealing drugs out of the home? Contact the local police.

Answer 7

As a landlord you need to know the process of evicting individuals from your rental units for a lease violation of not paying rent.

Since you have decided to rent to section 8 tenants, you are required to inform the section 8 case worker of of your tenant that is behind in rent.

You should have also reported your suspicious of this tenant using drugs to their case worker.

The means if a person earning money has nothing to do with the method of their earning. A person collecting government pensions or benefits is subject to being evicted for failure to pay their rent

Though most experienced landlords are normally able to start the eviction process, it might be to your
advantage to hire a professional eviction service to do this eviction on your behalf. Any missing legal document or the filing not done according to the legal procedures, would cause you to start over from square one.

Normally you would issue your tenants a 3 or 5 day notice to pay all back rent and any late fees or quit (move), (cure -compliance with the lease agreement), based on the laws of your state. This would also include lease or rental violations.

After the 3 or 5 days are up with no positive results on the part of the tenant, then you would have to file for a legal eviction through the court system

Once you have filed for the court ordered eviction, you are required to issue a summons. This summons is provided by the court to your tenant of the court date, place and time. You may serve this summons to your tenant or have a local law enforcement agency serve this document on your behalf. There is a fee charged for you using the local law enforcement agency. You would need inquire of this service from the court clerk and pay the fee directly to the clerk.

Once the judge has ruled in your favor the judge will sign an eviction notice. This eviction notice will give the tenant(s) the day and time they would be required to vacate the rental unit.

You would be required to place this eviction notice in a place where your tenant (s) would be able to see it. Again you may do the placing of the eviction notice in a place where your tenants would be able to see it or you could once again employ the services of a law enforcement agencies that would serve this notice on your behalf. There is a fee for this service, you may find out the cost using the law enforcement from the county clerk. I find this to be a better solution as oppose to me serving the eviction notice.

Once the eviction notice has been served the tenants now have 14-45 days, depending on the eviction laws of your state in which to move, based on the date on the eviction notice. Failure on the part of the tenants to move before the date on the eviction notice, you may then call the local law enforcement agency to have these tenants physically removed from the property.

In some cases the law enforcement agency will allow them to return to secure any items they are not able to remove at this time. You should make sure the law enforcement agency will return for this removal of this property by the tenants.

This is a general eviction, however there might be quirks in your state eviction laws so make sure you Google eviction laws followed by your state.

If you feel as if you are not able to do this yourself, you might consider hiring a professional firm to handle this on your behalf. There is a fee for hiring such a firm. You would need to google for these type firms, followed by the city and state in which your reside.





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Once you have successfully evicted your tenants, you would now be able to sue them in small claims court for any back rent or damage to the rental unit not covered by the deposit.

I hope this has been of some benefit to you, good luck.


"FIGHT ON"

Answer 8

About 5-10 years ago in San Bernardino, CA the city was closing/condemning apt complexes on any violation they could in known drug areas. Contact your local police.

If you know of a crime it is your responsibility to report.

Answer 9

Call the section 8 worker. They can loose their section 8.

Answer 10

Go to the police and explain to them the situation. If they are dealing drugs you won't have to evict them. The Police will do that for you.