I live in CA. My tenant has given a 90 day notice, and is already moving her stuff. She claims her 18-19yr son(whose name is not on the lease) will continue to live here and serve us a 30 day notice before he moves out. Can I let them do that? The notice will end soon and I need some help urgent. What are my rights? What can I do about this? Please advice.
2007-11-05 13:11:25 · 8 answers · asked by Confused_Landlord 2 in Business & Finance ➔ Renting & Real Estate
live in CA. My tenant has given a 90 day notice, and is already moving her stuff. She claims her 18-19yr son(whose name is not on the lease) will continue to live here and serve us a 30 day notice before he moves out. Can I let them do that? She is under Section8 voucher and claims section8 will pay while her son stays.The notice will end soon and I need some help urgent. What are my rights? What can I do about this? Please advice.
2007-11-05 13:15:53 · update #1
Inform Section 8 people immediately. Nobody stays there who is not on the lease.
2007-11-11 03:16:37 · answer #1 · answered by Sagebrush Kid 4 · 0⤊ 0⤋
Every state has it's own version of the Landlord/Tenants' Rights. Generally speaking, you should have a lease with the stipulations spelled out, especially if you're managing a Section 8 property.
Number one, he should not be living there at all if he's not on the lease. Number two, if/when mom moves out, the Section 8 is HERS, that means he must apply for his own apartment and his own Section 8 subsidy. They have both been living there illegally if he never was on the lease. She may owe the State money back based upon whatever income the son has and did not report.
If he refuses to move, you can immediately file a Notice to Quit and proceed with the eviction process. In most cases, if they find out you will actually evict them, they will usually give up and move. Since the lease is in the mother's name, the eviction notice should be in her name along with the notation: "and all other occupants".
Your Property Manager should be able to assist you with this process.
Good luck ...
2007-11-05 13:35:07 · answer #2 · answered by Alice S 2 · 2⤊ 0⤋
It sounds like your tenant is obviously divorced or consistent with threat a widow as you have not stated a husband as a tenant. it style of feels you're in basic terms speculating that the son remains there and you have not any absolute info - donning a gown isn't info, as he might have basically taken a bathtub. As for the mail is going i'm getting mail addressed to my brother who lives in Israel, so as that may not info in itself the two. anyhow how is a secondary tenant damaging to you? do you're able to pay their water/electrical energy? Is their a shared dryer/washing gadget? Are they abusing those centers? If not I see no reason might you press for charging the greater $one hundred - its possible the son in basic terms remains together with his mom some days of the week and something of the daddy and that i enormously doubt which could characterize his everlasting place of residing as being the mother's domicile. actually no person here can suitable answer your question devoid of totally seeing the words and settlement signed by potential of the tenant. If I have been you i might basically drop it thoroughly - rather out of the respect she may be a single mom suffering for funds. as nicely, what are you doing reading mail envelopes not addressed to your self - seems such as you're rudely invading their privateness to me.
2016-09-28 10:20:13 · answer #3 · answered by ? 4 · 0⤊ 0⤋
The HUD voucher covers HER ONLY. Don't they give you the Guidelines to read? No one can live in that apartment or house except her. The son would have to go to HUD & fill out all the paperwork, including a background & criminal check. It takes awhile to get approved.
You have to report to HUD that she is gone. If you get caught there will be trouble for you too. I can't believe you are not aware of that.
I worked with HUD Section 8 housing for 25 years so I do know about it. You want to change the locks on the door as soon as she takes her last piece of furniture out the door. Make sure she fills out a change of address form for you. Be sure you do a walk thru of the apartment with you & fill out the form.
BEFORE you accept any more vouchers, you need to get some information about what you can & can't do.
2007-11-05 16:05:36 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Is it his section 8 voucher? If you didnt rent to him he has no right to stay.
Call section 8 and report and tell her she doesn't have the authority to decide what you can do with your property. You have the right to serve him an eviction notice. Name does 1-10 and his mom in addition to him. I would tell her she needs to take her son with her or you will be contacting section 8 because in reality your contract is with section 8 as well as her.
Good Luck
2007-11-05 14:29:10 · answer #5 · answered by Anonymous · 1⤊ 0⤋
WHOOAAAA ! She's the recipient of the Section 8 voucher assistance, is moving out, and intends to not inform Sec. 8 of what she's doing ???? That's welfare fraud. She has to live there in order to collect the Section 8 assistance.
Inform this woman that you will not be party to federal fraud, and then toss the both of them as soon as you are legally able to do so.
2007-11-05 13:33:30 · answer #6 · answered by acermill 7 · 2⤊ 0⤋
When a tenant gives notice it applies to all occupants of the premises. You do not want to get stuck with her son.
If the son is not out on move out day, file for eviction and name all occupants - include Mom's name because she left him behind.
2007-11-05 13:19:25 · answer #7 · answered by ? 6 · 2⤊ 0⤋
You should ask a lawyer, but if he is not on the lease, I don't think you have to let him stay. On the other hand, if he can pay the rent, what's the problem?
2007-11-05 13:21:53 · answer #8 · answered by Anonymous · 0⤊ 2⤋