i have a tenant that is part of section 8 housing that's causing a lot of problems. first of all, the part of the rent that tenant is responsible is always late and doesn't want to pay the late fee. second, excessive usage of water. third, one time I went in to fix something in the apartment and the house was a mess borderline destroying the property. how do i go about evicting the tenant?
Evictions are the same regardless of the tenant's section 8 status. However, if your building is covered by LA's rent control ordinance, you'll have a hard time evicting the tenant because of these 3 reasons.
See the guide linked below. Evictions are simple but techincal, so you're best off hiring a lawyer, especially since the burden of proving a breach of the lease is higher in rent controlled areas.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
Depending upon whether the Section 8 is a voucher or if this is a Section 8 project, the procedures are slightly different. In a Section 8 project, 10 day notice is required on notices to pay rent or quit, nuisance notices, and notices to perform or quit. They must be notified that they have 10 days in which to discuss the contents of the notice. If it is a Section 8 voucher tenant, you may serve a 3 day notice, unless the rental agreement specifies a different notice period. Copies of these notices must be mailed to the Housing Authority.
Because there are stringent guidelines for Section 8 evictions, it is best that you have an attorney help you to prepare the notice.
I am located in the Los Angeles area and would be happy to discuss this with you. You can reach me at (323) 309-4748.