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Dear Lawyer, I would like to terminate a tenant who is also…

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Dear Lawyer, I would like...
Dear Lawyer, I would like to terminate a tenant who is also a section 8 recipient. She had repeat violations of the contract, and we sent her a notice of the termination as per Section 8 rules, which require 90 days notice. The Section 8 counselor had no issues with the letter and they started the process, as Section 8 is familiar with the violations. However, the tenant got legal help and complained to the housing authority. The housing authority found us in violation of the compliance and required to cancel and write her a new notice, listing the reasons and supplying evidence. We would like to make sure that we wrote the letter that is in compliance and we can evict for sure this time. Would you be able to review the letter for the possible non-compliance and other "weak links"?
Submitted: 11 months ago.Category: Landlord-Tenant
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Answered in 2 hours by:
8/7/2017
Lawyer: Phillips Esq., Attorney-at-Law replied 11 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 22,367
Experience: B.A.; M.B.A.; J.D.
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Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Lawyer: Bill Attorney, Lawyer replied 11 months ago
Bill Attorney
Category: Landlord-Tenant
Satisfied Customers: 2,614
Experience: Attorney
Verified

This is attorney Bill offering assistance. I had a chance to review your letter. The 90 days notice coupled with the listed violations of the lease agreement, including non payment of rent and other serious violations shows just cause in evicting the section 8 tenant.

Just cause is defined in Federal law as:

"

982.310 Owner termination of tenancy.

(a)Grounds. During the term of the lease, the owner may not terminate the tenancy except on the following grounds:

(1) Serious violation (including but not limited to failure to pay rent or other amounts due under the lease) or repeated violation of the terms and conditions of the lease;

(2) Violation of federal, State, or local law that imposes obligations on the tenant in connection with the occupancy or use of the premises; or

(3) Other good cause."

Under the circumstances your notice to vacate is proper and you can proceed with an eviction upon expiry of the 90 days.

We are here to help.

Please follow up when needed.

In return remember to rate positively.

You do this by rating 5*****, 4**** or better.

So I hope you rate FIVE STARS TODAY

This gives me a credit for my time and assistance.

Thanks

Attorney Bill

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Customer reply replied 11 months ago
Hello Bill, the situation is such that the tenant does not have options to where to move. Thus, she will look for ANY grounds to stay in the property longer. In particular, Section 8 did not object to the termination letter the first time around, but she found some legal help that suggested her to go to the housing authority and housing authority requested the "compliance" - the tenant knew about violations, but they required not only to list them, but to provide the evidence - and evidence is something that is required by courts usually, not before. I doubt to start with as per requirement to submit the evidence, and secondary - what else can she take upon the legal requirements that are part of any possible legal code as to make her stay and cancel the note?
Customer reply replied 11 months ago
I doubt she will ask me to take the matter into the federal court, not to start with. As per the information you listed I did not have to cancel and re-send the note, yet she asked the housing authority to support her - and they gladly did. Nowhere in the Federal Law it states I have to provide such an abundant evidence- not until asked in court.
Lawyer: Bill Attorney, Lawyer replied 11 months ago

The Federal law is applicable in the State court also.

I reviewed your notice and it is in compliance.

Evidence is only required when you get to filing an eviction summons and you submit rental accounts at that time as proof of late payment and breach of the lease and all other evidence with the clerk.

remember to rate positively.

You do this by rating 5*****, 4**** or better.

So I hope you rate FIVE STARS TODAY

This gives me a credit for my time and assistance.

Thanks

Attorney Bill

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Customer reply replied 11 months ago
This is my second letter, as per requirement of the municipal authority. Help me out here - my first letter did not list all the evidence. only reasons: abusive behavior and obstruction to the repairmen in the condo that has continuously happened over the years (pursuant paragraph 12 of the agreement),
repeated disagreement to allow landlord's right of entry ( pursuant to paragraph 13 of the agreement)
improper conduct with the management company representative who is an owner's agent (pursuant to paragraph 12 of the agreement)
and repeatedly late rent payments beyond acceptable termsand the Housing Authority has asked me to rescind due to lack of listing evidence and reissue the letter with the evidence. What will happen if I disregard their suggestion?
Lawyer: Bill Attorney, Lawyer replied 11 months ago

The court is the tribunal that will ultimately make a decision.

The notice was proper according to law. You can add the documented evidence as I suggested to include non or late rental payments and correspondence in relation to the denied entry and other violations, including any reports police or otherwise.

Best

Attorney Bill

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Customer reply replied 11 months ago
If I ask you to represent me to the Housing Authority in asking the change of action, as they suggested we seek legal help, what are our chances on them allowing me just to ADD evidence instead of rescind the termination note and sending it again - and what are my chances of getting reprimanded by them?
Lawyer: Bill Attorney, Lawyer replied 11 months ago

Due tot he extra protection afforded to section 8 tenants you should comply with the housing authority's requests to ensure that they don't bring an action against you as the landlord.

There is obviously an open dispute as to what you are saying and the tenant is saying in terms of lease violations.

In this case you should provide evidence to support your contentions and violations and will need the same evidence to support your case in the eviction hearing.

Unfortunately, this is just a question and answer service. If you are seeking attorney representation the state bar as a lawyer referral service.

You just contact your state bar's website and refer to the lawyer referral service.

remember to rate positively.

You do this by rating 5*****, 4**** or better.

So I hope you rate FIVE STARS TODAY

This gives me a credit for my time and assistance.

Thanks

Attorney Bill

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