I have a tenant in my 4bedrm rental unit who receives help from section8 (gov). She only pays about 1/4 of the rent. She also rents the basement for storage. I have a type letter with her signature stating the rental usage. She has been paying me only the portions for the 4bedrm unit, but not the storage fee. This has been going on since July this yr.

Does she have the right to say which part (4bedrm or storage) she is paying? Or is that my choice?
Can I put the money toward the storage and not toward the 4bedrm? This way she is consider not paying rent and I can start the eviction process?

REALLY NEED SOME ADVISE. Please HELP

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... Does she have the right to say which part (4bedrm or storage) she is paying? Or is that my choice?
Can I put the money toward the storage and not toward the 4bedrm? This way she is consider not paying rent and I can start the eviction process?

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I don't see that it makes much difference. In either case, you can evict her because she has failed to pay the rent.

But no, she cannot dictate whether you credit her payments toward rent of the residence or of the storage space.

It's arguable that, if it is a separate contract for each, the storage rental would not be "residential", if that makes a difference. But I think you would loose that argument. It looks to me that you have a single contract with her, for rental of the two areas.

I'm not sure either how this would go. I think it would go that she she can no longer use the storage facility and she must remove her belongings from it. But she could not be evicted for non payment of rent.

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Originally Posted by ScottGem

I'm not sure either how this would go. I think it would go that she she can no longer use the storage facility and she must remove her belongings from it. But she could not be evicted for non payment of rent.

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(pl2777)thanks very helpful. I guess the only choice is to wait until her lease is up at April then not renew it. If she is not willing to leave in April, then what steps do I have to take vacate her? And how long does that usually take?

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Originally Posted by AK lawyer

I don't see that it makes much difference. In either case, you can evict her because she has failed to pay the rent.

But no, she cannot dictate whether you credit her payments toward rent of the residence or of the storage space.

It's arguable that, if it is a separate contract for each, the storage rental would not be "residential", if that makes a difference. But I think you would loose that argument. It looks to me that you have a single contract with her, for rental of the two areas.

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pl2777 unfortunely, it is two separate contract. Can u clarify the last paragragh u wrote?
I want to evict her from the residence and the storage because she is trying to take advantage of this situation.

Sounds like you will have to wait until April to get her out of the apartment, but you can force her to remove her things from the storage area.

Not sure what your lease says but you will need to give her written notice of your intent not to renew. I would give her this notice at least 60 days prior to the lease expiring. If she hasn't left by the expiration date, the next day you go to court for an eviction order.

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Originally Posted by ScottGem

Sounds like you will have to wait until April to get her out of the apartment, but you can force her to remove her things from the storage area.

Not sure what your lease says but you will need to give her written notice of your intent not to renew. I would give her this notice at least 60 days prior to the lease expiring. If she hasn't left by the expiration date, the next day you go to court for an eviction order.

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Thank u to all that responded it was very helpful. Ill keep all this in mind.

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Originally Posted by AK lawyer

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It's arguable that, if it is a separate contract for each, the storage rental would not be "residential", if that makes a difference. But I think you would loose that argument. It looks to me that you have a single contract with her, for rental of the two areas.

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Originally Posted by pl2777

pl2777 unfortunely, it is two separate contract. Can u clarify the last paragragh u wrote?
I want to evict her from the residence and the storage because she is trying to take advantage of this situation.

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It may be two separate documents, but you have a very good case that it's a single contract (or lease).

To clarify that paragraph, what I was getting at is that the "residential" landlord/tenant statutes are sometimes different than "commercial" or "non-residential" LL/T statutes. I think a court would rule that because both of them concern the same parties, and one of them are to rent residential space, both are "residential"; but that supports my position that it is one lease for two areas.

In any case, I still believe that you can credit all the payments received to the earliest month still owed. In which case, you could evict the tenant.