I have Section 8 tenants in Florida that contract expired on June 30, 2009.

Tenant moved in June 1, 2009 after Section 8 inspectors passed the property on June 1st. Section 8 paid their portion for 1 month and so did tenant.

Two weeks later tenants reported to Section 8 additional (minor) repairs needed, which they didn't notify me or give me any time to fix, and Section 8 sent different inspector, which failed property. After failure to make these tenants happy and tenants confrontational attitudes, tenant and I mutually agreed to terminate Section 8 contract and tenant was to move out June 30th.

Tenant could not move into their new place until August 1st, so tenant requested one more month (July). Section 8 caseworker told me it would be okay and that Section 8 would pay one more month as long as they received a letter from both tenant and landlord stating that we both agreed to mutual move out date by July 31st. We both sent in letters to Section 8 with this agreement. After 10 days (now July 15th--two weeks into the month) Section 8 stated that they would not pay for July because property had failed inspection, which they should have known prior to making this one month agreement. I believe we had a verbal contract at the very least.

Now tenant is still living in my property (August 6th) with no contract and neither Section 8 nor tenant has paid any rent since June. Tenant refuses to speak with me and Section 8 tells me it's my problem now. The property has been completely destroyed. Tenant ran a mechanic shop from property and it now looks like a junk yard. I'm filing for Loan Modification since I can't afford the home now.

Three questions:
1. What can I do to get my property back and evict?
2. How can I recover damages from tenant AND Section 8 since there is no written contract with anyone now?
3. Can I shut power off now since there is no contract?

You need to send them a 3 day written eviction notice. Then after the 3 days go to court and get another 3 day court notice to evict. Then after that the sheriffs come and escort them off the property.

...

I already sent that 3 day notice certified to all parties on July 9th--giving them until July 15th.

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Originally Posted by tikifl24

3. Can I shut power off now since there is no contract?

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Hello t:

There IS a contract. It's just not written. Your tenant IS a month to month tenant and must be legally evicted. If you turn off the power, you are subject to a lawsuit for unlawful eviction.

excon

Do not shut utilities off they can sue no matter whose name it is in.

GO to court and get the court eviction

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Originally Posted by siberianair

call a lawyer that deals in realestate.maybe call police. if tenant has nothing stating they are be there they should be able to remove them.

as for no contracts.. good luck with that. it might cost you more to go after them than its worth.

is the electic in your name or thiers? if its in yours go ahead and shut power off. doesnt mean they will leave.

also be careful. sounds to me like these people are not new to this. and if place is already trashed they may retaliate if they are forced out.

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Hello s:

I'm not going to give you a reddie, but your advice is incorrect and will result in MORE problems for the landlord. If you don't know the law, maybe you should stick with the categories that you DO know.

excon

You're right, they are probably not new to this. The power was to be transferred to my name as of yesterday. If it was wasn't; should I still? They probably didn't pay that bill either.

Also, approx what's the cost to go through courts, and how?

I wouldn't switch it into your name because then you are responsible for THEIR running up your bills. If they are running a junk yard from there then most likely they are using power tools like saw zaws.

In my state I do believe it costs $58.00 to evict.

Just got off the phone with power company, and yes it got switched to my name as of Aug 1.

What do you think about the verbal agreement with Section 8. I believe the caseworker there didn't realize it had failed the 2nd inspection until after she advised us to send in the letters and made the one month agreement?

Yeah I think that too and really it would be hard fighting them.

Make sure when you evict then you do an itemized list of their damages.
I can't see them getting a dime of the deposit back if they have trashed the place and not paid any rent.

I think it is partly the section 8's fault for not doing a thourgh inspection

Quote:

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Originally Posted by tikifl24

You're right, they are probably not new to this. The power was to be transferred to my name as of yesterday. If it was wasn't; should I still? They probably didn't pay that bill either.

Also, approx what's the cost to go through courts, and how?

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Hello again, t:

The first thing I recommend you do is become familiar with the landlord/tenant laws of your state... After all, if that's the business you're in, you SHOULD know the rules... We have copies right here at the top of the real estate page on a sticky note.

The next thing you should do is NOT put the electricity in your name... If they don't pay the bill, and they probably won't, YOU'LL be the responsible one. I can't imagine why you would do that...

Suing and evicting is quick, cheap and easy in your housing court, or small claims court.

excon

Quote:

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Originally Posted by tikifl24

Just got off the phone with power company, and yes it got switched to my name as of Aug 1.

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Hello again, t:

I see that you're not waiting for information... Bummer... You DO know, that you're tenants are going to be there for at least another month, while you do the evicting, and YOU'RE going to be paying their electricity bill.

Ok. Later.

excon

I think OP meant she/he told the utility companies to change it a while back assuming they would be gone and they didn't leave.

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Originally Posted by N0help4u

I think OP meant she/he told the utility companies to change it a while back assuming they would be gone and they didn't leave.

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Hello again, N0:

I think she did it five minutes ago. The good news is she can change it back.

excon

She meant she JUST checked if they had already changed to tell them don't if they hadn't
It because she had told them to already.

Quote:

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Originally Posted by tikifl24

The power was to be transferred to my name as of yesterday. If it was wasn't; should I still? They probably didn't pay that bill either

Also, approx what's the cost to go through courts, and how?

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I was assuming they would be out by Aug 1 so it was changed back to my name on July 31st while I was out of the country. I just returned last night to find out they were still there.

I never had any intentions on being a landlord. The biggest investment mistake I've ever made. I bought the house, put 30k into it, then planned on flipping it--market when south, but I still had to make mtg pmt, no renters wanted to pay close to what my mtg was, so I went with Section 8 option. That's the reason, I'm not familiar with any of the laws in the area, hence my questions to you, and desperate need of help. I appreciate your advise very much.

Hello again, t:

This is very simple. Put the electricity BACK in their name, if you can.

I don't know what state you're in, but write out by hand a 3 day notice "to pay rent or quit". Send a copy by certified mail, return receipt requested. Send another copy by regular mail, and HAND deliver another copy.

Then go down to your courthouse and file for eviction. You can hire an off duty sheriff to serve them, and then make sure you go to court. After you win, make sure you follow up with an execution of judgment, and give it to the sheriff who will put them out.

None of these forms are difficult, and the clerk of your court should help you fill them out.

Once that's done, you can put the electricity back in your name. Are you ever going to get your money back from these people?? I doubt it.

excon

Just got this in a PM:

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Originally Posted by siberianair

re check your infor before you agree or disagree with someone....

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siberianair, you need to realize that on a LAW board, your answers need to be legally accurate. This nonsense about HIPAA violations and what you think is okay for a landlord to do can get people in to serious trouble.

And for future reference, don't send me senseless PMs. If you're going to make a claim, then back it up.

Quote:

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Originally Posted by siberianair

if there was never a lease to bigin with or once it was cancelled by section 8 than there is no month to month.my god people get a life and off the computer i am done with you and this.

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Hello again, s:

You are wrong. You've been wrong since you got here. Then you get pissed when you're told that you're wrong. Then you call me names, even though I didn't put you down. I was quite respectful when I told you that you were wrong. Then you accuse me of not having a life... Why you think that, I don't know. I guess because I know the law and you don't?? Maybe that pisses you off, so you got to insult me??

The good news is you DID say you were done. Let's hope THAT part of your post is true. Later!

excon