Section 8 tenant not paying her rent

[Anonymous]

There are many rent assistance programs due to covid going on right now that landlords can apply for on behalf of their tenants, even tenants already receiving section 8 help. The money goes directly to the landlords. Contact the housing authority to see if your tenant qualifies. May need to waive late fees, though, but you still may be better off.

[Anonymous]

Anonymous wrote:OP here. I'll try to start filing the eviction paperwork but the mayor of DC has a freeze on eviction. It is correct that the paperwork would start but eviction would happen when the freeze is lifted. She would also owe me any court costs, etc required in the eviction process.

Lawyer PP and I wouldn't count on getting a judgment for the attorney fees and court costs as part of the eviction proceeding with a Section 8 tenant Double check you HAP contract.

[Anonymous]

Anonymous wrote:Not the OP's question...but why would anyone take on a Section 8 tenant? I'm assuming D.C. has a tight rental market and landlords get their pick of renters.

I had one and it worked out well. Guaranteed rent and if tenant loses their job section 8 share goes up to 100% of rent.

[Anonymous]

Don’t buy a rental property if you don’t have a year of reserve funds that would cover carrying cost, taxes, maintenance.

By your math if you evict her and it takes you 3 months to rent/turn property over you will not be able to pay your next tax bill.

[Anonymous]

You're getting a lot of bad advice here, OP.

You can't file for an eviction in DC now. You can't send a notice to quit. You can ask for mediation with DCHA (email Khalilah Payne [e-mail]) but they can't make her pay, can't evict her, and are unlikely to pull her voucher (and you don't want them to because then you're going to get nothing and you can't evict her). If her income went down she could recertify and DCHA could pay more, but if it hasn't that's not an option.

You can't apply for most of the relief at https://coronavirus.dc.gov/rent --section 8 and rapid rehousing providers are excluded--but look into each one and see if your tenant might be able to apply for any of them. Your tenant, or maybe even you, could contact your councilmembers (including the at-large ones) and see if they can pay out of their constituent service funds--not all of them have one and they vary widely in their size and rules.

Your tenant could apply for a transfer voucher if she wanted to move, but it doesn't seem like she does and it takes a few months to get approved for the transfer and then she'd have to find a new place. And DCHA won't approve the move unless she's current on rent (or current on a payment agreement you set up with her) so tenants don't have much incentive to move.

But mostly you are stuck. You can talk to a landlord-tenant lawyer about this (Eddie Cordone, Emilie Fairbanks, Stephen Hessler, etc. basically you want someone who is in landlord-tenant court so much that they have their own office there...this is not an exaggeration; there are literally lawyers who have their own spaces in the courthouse to do negotiations and the like) but they aren't going to be able to get your tenant out--they can't even get out squatters, people selling drugs, tenants who scream all night or damage the property--nonpayment is the least of the city's concerns. And honestly, if they did get your tenant out you probably aren't going to find someone for a while. Be happy with the 80% you're getting. See if your mortgage lender will reduce your rate or give you some other relief.

--Section 8 landlord in a very similar position. And nonpayment is far from the worst of the tenant's behavior. But financially I'm doing fine with the DCHA portion.

[Anonymous]

Anonymous wrote:Not the OP's question...but why would anyone take on a Section 8 tenant? I'm assuming D.C. has a tight rental market and landlords get their pick of renters.

First, the rents are pretty good. A 2-bedroom in a nice part of DC can rent through section 8 for over $3100 a month with utilities included. There are a lot of older buildings where that is more than you'd get with a market-rate tenant.

Second, the rent is guaranteed. If my tenant loses his job, DCHA just pays a bigger portion of his rent. During the eviction moratorium, tenants without vouchers are coming up on 13 months where they might not have paid anything at all, and it's not like there are lots of buyers for tenant-occupied condos or multifamily buildings where the tenants aren't paying and can't be forced to leave. If I'd had a market-rate tenant who didn't pay, I might have wound up mailing the keys back to the bank and walking away...and I have good reserves and a steady job outside of real estate. Instead, I get enough to cover my expenses from DCHA. If the tenant pays, it's gravy. I just make an extra payment towards my mortgage principal.

Third, you can't discriminate based on source of income in DC. If someone comes to you with a voucher and otherwise meets your screening criteria and you turn them down, you could be faced with a lawsuit and fines. Of course there are ways of screening out all Section 8 tenants (price it above the neighborhood's payment standards) or many of them (credit checks, criminal background checks, high application and move-in fees and security deposits) but you can't just advertise "no section 8."

Fourth, some people actually like providing affordable housing. I've had my share of ups and downs with my tenant, but it's cool that his kid gets to go to a better school than before and live in a neighborhood with a lot fewer shootings. And I know their old unit had mold and probably lead paint, and their current home doesn't.

[Anonymous]

Anonymous wrote:There are many rent assistance programs due to covid going on right now that landlords can apply for on behalf of their tenants, even tenants already receiving section 8 help. The money goes directly to the landlords. Contact the housing authority to see if your tenant qualifies. May need to waive late fees, though, but you still may be better off.

It's illegal for landlords to charge late fees during the public health emergency. And most DC rental assistance programs explicitly exclude HCVP units--some private charities might help. For the publicly funded ones like ERAP, CHAP, etc. other agencies, not DCHA, administer them.

[Anonymous]

Anonymous wrote:"without any cause"? Lady/duuude, it's a pandemic out there. Folks are having trouble putting food on the table. If you're rich enough to have an investment property, why don't you sit on your hands a minute and see if you can squeeze out a little empathy for people who don't have a savings.

Maybe you could give a little lesson to us all on empathy.
Like how much "empathy" do you have for the OP with your assumption that he/she is "rich enough to have an investment property" that collects NO payments. Most people who have SAVED enough to try to buy real estate as an investment do so with the idea that they will actually cover their costs. OP isn't getting rich over here. OP is being expected to continue to pay the mortgage and taxes on this property while you are demanding that he have empathy for the person who is living in OP's property free of charge! There should at least be a good-faith effort on the part of the tenant to pay some of what is owed. Otherwise, wouldn't you agree that you are demanding that OP have empathy for the tenant when there is no such effort being made by the tenant to have empathy for the OP's position? The OP's responsibility to pay mortgage and taxes on the property have not been waived by the government's "empathy" so why is it being demanded of OP toward the tenant? Maybe try having a little compassion for ALL parties here.

[Anonymous]

Anonymous wrote:

Anonymous wrote:"without any cause"? Lady/duuude, it's a pandemic out there. Folks are having trouble putting food on the table. If you're rich enough to have an investment property, why don't you sit on your hands a minute and see if you can squeeze out a little empathy for people who don't have a savings.

Maybe you could give a little lesson to us all on empathy.
Like how much "empathy" do you have for the OP with your assumption that he/she is "rich enough to have an investment property" that collects NO payments. Most people who have SAVED enough to try to buy real estate as an investment do so with the idea that they will actually cover their costs. OP isn't getting rich over here. OP is being expected to continue to pay the mortgage and taxes on this property while you are demanding that he have empathy for the person who is living in OP's property free of charge! There should at least be a good-faith effort on the part of the tenant to pay some of what is owed. Otherwise, wouldn't you agree that you are demanding that OP have empathy for the tenant when there is no such effort being made by the tenant to have empathy for the OP's position? The OP's responsibility to pay mortgage and taxes on the property have not been waived by the government's "empathy" so why is it being demanded of OP toward the tenant? Maybe try having a little compassion for ALL parties here.

OP is getting 80% of their payments.

[Anonymous]

Anonymous wrote:

Anonymous wrote:It’s probably too late to advise you not to buy rental properties in DC becaus renter’s rights....

Give them 30 days notice to pay you the back rent or you’ll start the eviction process.

Can't start the process. In DC right now, because of COVID, you can't kick someone out. Quite frankly, you should be happy that you are getting the 80%. I know people who are renting at market and people are paying rent. We have a friend whose tenant is stiffing them on $3500 per month and they also have a job. They work for the state department and are using this as an opportunity to get over.

I would be reporting this to the state department,

[Anonymous]

Anonymous wrote:It’s probably too late to advise you not to buy rental properties in DC because it heavily favors renter’s rights....

Give them 30 days notice to pay you the back rent or you’ll start the eviction process.

+1

Don’t buy in DC. Don’t vote for a party that doesn’t recognize property rights.

[Anonymous]

Anonymous wrote:

Anonymous wrote:There are many rent assistance programs due to covid going on right now that landlords can apply for on behalf of their tenants, even tenants already receiving section 8 help. The money goes directly to the landlords. Contact the housing authority to see if your tenant qualifies. May need to waive late fees, though, but you still may be better off.

It's illegal for landlords to charge late fees during the public health emergency. And most DC rental assistance programs explicitly exclude HCVP units--some private charities might help. For the publicly funded ones like ERAP, CHAP, etc. other agencies, not DCHA, administer them.

I was thinking about ERAP specifically, but I’m in a different jurisdiction so not sure of which agencies in DC would offer the program. At any rate, landlords can apply on behalf of renters, the portion of rent that Section 8 tenants pay is eligible under the law, so OP should try to figure out whether that’s an option for Them. In my jurisdiction, being on section 8 makes tenant/landlord automatically eligible.

I also have a section 8 tenant and if they don’t pay their share they could lose the benefit. That has always been enough of an incentive to get payment, as it is a huge benefit. There have been times pre-covid when rent was late but I can live with that because my tenant always catches up and is a good tenant otherwise.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:It’s probably too late to advise you not to buy rental properties in DC becaus renter’s rights....

Give them 30 days notice to pay you the back rent or you’ll start the eviction process.

Can't start the process. In DC right now, because of COVID, you can't kick someone out. Quite frankly, you should be happy that you are getting the 80%. I know people who are renting at market and people are paying rent. We have a friend whose tenant is stiffing them on $3500 per month and they also have a job. They work for the state department and are using this as an opportunity to get over.

I would be reporting this to the state department,

+1 We have a military contractor pulling this crap. It took a little work but I have her CO's number now in my speed dial. If she is late or calls with a sob story one more time then I'm calling the CO. I don't care what happens to her clearance. She is paying for private school but she can't pay her rent? C'mon now.

A lot of people are taking advantage of the pandemic. Liars and cheaters are gonna lie and cheat, and I'm gonna expose the lies and cheats every single time. We worked hard to afford to buy the rental and it is part of our retirement plan. I have a responsibility to my family first and I'm not going to stand still and be robbed by someone who doesn't have a moral code.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:It’s probably too late to advise you not to buy rental properties in DC becaus renter’s rights....

Give them 30 days notice to pay you the back rent or you’ll start the eviction process.

Can't start the process. In DC right now, because of COVID, you can't kick someone out. Quite frankly, you should be happy that you are getting the 80%. I know people who are renting at market and people are paying rent. We have a friend whose tenant is stiffing them on $3500 per month and they also have a job. They work for the state department and are using this as an opportunity to get over.

I would be reporting this to the state department,

+1 We have a military contractor pulling this crap. It took a little work but I have her CO's number now in my speed dial. If she is late or calls with a sob story one more time then I'm calling the CO. I don't care what happens to her clearance. She is paying for private school but she can't pay her rent? C'mon now.

A lot of people are taking advantage of the pandemic. Liars and cheaters are gonna lie and cheat, and I'm gonna expose the lies and cheats every single time. We worked hard to afford to buy the rental and it is part of our retirement plan. I have a responsibility to my family first and I'm not going to stand still and be robbed by someone who doesn't have a moral code.

+1. But you should have called the CO yesterday.

This is why I prefer my virginia rentals. 2 of no rent weeks and the sheriff is at your door with guns and it’s either you leave or you’re forcibly removed.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:It’s probably too late to advise you not to buy rental properties in DC becaus renter’s rights....

Give them 30 days notice to pay you the back rent or you’ll start the eviction process.

Can't start the process. In DC right now, because of COVID, you can't kick someone out. Quite frankly, you should be happy that you are getting the 80%. I know people who are renting at market and people are paying rent. We have a friend whose tenant is stiffing them on $3500 per month and they also have a job. They work for the state department and are using this as an opportunity to get over.

I would be reporting this to the state department,

+1 We have a military contractor pulling this crap. It took a little work but I have her CO's number now in my speed dial. If she is late or calls with a sob story one more time then I'm calling the CO. I don't care what happens to her clearance. She is paying for private school but she can't pay her rent? C'mon now.

A lot of people are taking advantage of the pandemic. Liars and cheaters are gonna lie and cheat, and I'm gonna expose the lies and cheats every single time. We worked hard to afford to buy the rental and it is part of our retirement plan. I have a responsibility to my family first and I'm not going to stand still and be robbed by someone who doesn't have a moral code.

+1. But you should have called the CO yesterday.

This is why I prefer my virginia rentals. 2 of no rent weeks and the sheriff is at your door with guns and it’s either you leave or you’re forcibly removed.

Nice... says a person who's been through a physical eviction confrontation with multiple sheriffs. Lessons learned, all good.