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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33802
Experience:  Attorney for over 15 years, landlord 26 years
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A friend of mine has been a live in home health care

Customer Question

Hi, a friend of mine has been a live in home health care provider for a tenant who was on section 8 and living in income controlled housing. The tenant will not be returning to the apt. My friend has been living there with the landlords knowledge for over a year. He is also disabled and turned in the application to keep the apt. They want him to move out in the next 3 days. Can he fight this since he qualifies for this apt.
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If he has been living there as an unauthorized occupant not on the lease, while Sec 8 is paying the rent for another person who is not living there, that could be considered welfare fraud and both the care provider and the person living there could potentially be charged criminally if the landlord was to report this.

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If Sec 8 were to discover that this unauthorized person had been living there that could get their voucher pulled for fraud as well as the care provider's and the care provider could be forced to repay benefits that they received while living elsewhere.. So it might not be worth the fight here considering what could happen..

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But they can't force him to move out in 3 days... They would have to file a formal eviction action in court and get a judgment and writ that the sheriff would then execute to physically remove him. This will take 3-4 weeks after any notice expires.

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thanks

Barrister

Customer: replied 1 month ago.
The landlord knows he has been living there for the last year. and he has been the person legally responsible for paying and managing all of his money and bills. He is also on disabliliy himself and over 60 yrs old.
Expert:  barristerinky replied 1 month ago.

Ok, then the landlord might not turn them both in, but if he did contact Sec 8, it could get very messy.. They just need to be aware of that..

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