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-   -   Evicting a rental person that doesn't have a lease (https://www.askmehelpdesk.com/showthread.php?t=126730)

  • Sep 6, 2007, 06:29 PM
    meadowpointe
    Evicting a rental person that doesn't have a lease
    We have a lady who is renting our house in Fl and it was under Section 8. Well this lady was suppose to be moved out of our house on the 31st of Aug. We have just learned that she is still living there without a lease and the property management that we have hired has not done anything to get her out. Our we allowed to just go and put new locks on the door so she can not get in since she does not have a lease and I would think she would be considered trespassing. What are the laws for this?
  • Sep 6, 2007, 06:49 PM
    Fr_Chuck
    No, you will and can be charged with criminal charges as well as the person living there being able to sue you in civil court if you just change the locks.

    Why were they suppose to be moved out ? Did they give notice or did you give them notice.? They are still a tenant, since they had a rental agreement, if the lease ran out, now they are on a month to month verbal agreement ( or so it would be considered in court)

    If you had given them proper notice and they have not moved, now you have to file in housing court for an official eviction, there will be a hearing and they will be given a date to be out by the court, if they are not out by that date, a court officer comes out and watches you move their stuff out.
  • Sep 6, 2007, 07:28 PM
    rockinmommy
    Well, first of all I'd shop around for a new mgt company.

    Your manager should be in contact with the tenant's case worker with HUD. Since they aren't handling it, call the local HUD office (where you get the rent checks from) and ask to speak to the case worker for "Mrs. Tenant". Tell them who you are and that you want to know what the situation is. If she's still residing there you should still continue to be reimbursed by HUD. Also, you can turn her in to her case worker for violating her lease and if things aren't made right she'll be jeopardizing her HUD benefits.

    You may need to be persistent to get in touch with the case worker (most of them have hundreds of clients in their case load), but I'd make that a priority.

    Karla in TX

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