I served the 3 days notice to pay or quit to a tenant which they didn't pay their portion of rent for 3 months and they are with section 8. The tenant just told me that they become a victim of domestic violence and beaten by her partners a few days after I served the 3 day notice. Can I still continue my eviction and what do I need to be careful about not getting into trouble? I have been told by the tenant that the section 8 is helping them to relocate due they are the victim of Domestic Violence, and the property is in Oakland.
Without addressing the allegations of domestic violence, you have problems with your eviction from the get go. A 3 day notice is improper to start an eviction of a tenant who is under Section 8. Section 8 tenants must be given fourteen (14) day notice for nonpayment of rent, not a three (3) day notice.
Section 8 evictions can get a landlord into a lot of legal hot water really fast. This is not a project for the do it yourself kind of person. You need to get a lawyer who has handled these kinds of case sin the past, and you should do so first thing tomorrow morning.
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