We have a multi family home in MA. It is an older home that we purchased in April. The tenants are both on HAP assitance but do not receive most of the rent due from that program. Both tenants have been late in April, May and June. One of those two tenants is a month and a half behind. I asked for rent on June 1st was told by both they did not have it. I then got a repair complaint from one tenant, Brown water. I replaced BOTH hot water tanks and it is not the pipes. I have told tenants it is a city problem, I have called city and they confirm this. It is brown sometimes and clears up. That is the only "issue" the tenant that is over a month behind has.
Now the second tenant had no answer other then "don't have it" on June 1st and again on June 5th. I tell tenant that rent is over due, and on June 8th I get a letter that she is withholding rent, due to mold and brown water and a leak in her tub from faucet, as well as tub floor being weak. I call board of health on the 10th and find out they inspected and found no violations other then the weak tub. I rep[aired this the next day.
After repairing I give tenants husband a letter detailing that all issues are fixed and there are no safety concerns, that she should pay rent especially since she is behind now and has no cause to withold. Her husband tells me he wants to move so they are withholding so they can save up. They are saying their son is sick from "mold" that HAS to be why since he got asthma AFTER living here. Now this tenant with held rent from last owner of home for same reason, board of health came and said it was fine. This tenant then RE signs lease after complaining of mold and childs health. This tenant also stores sick child's belongings in my dirt basement in boxes and trash bags.
I am hoping to serve a 14 day notice to quit asap. I am concerned I will not be able to evict or that they will be free loading for a long time. Can I serve the notice even if they are on HAP program? I am worried sick we will go bankrupt so soon into this.
Thank you!
Evicting HAP tenants
Sorry about your situation. My understanding regarding Section 8 tenants is that the eviction process is largely the same, but the landlord has to send a copy of the 14 day notice to quit to the local housing authority that manages the voucher. Regarding the situation you describe, a tenant receiving grants from HAP housing, I have no knowledge.
Have you been to the HAP housing website? Among other things, they have a hotline you can call with questions (413-233-1600) and information about how to order "The HAPHousing Property Management Manual for Massachusetts Rental Owners." Hope that helps.
Thank you so much for the
Thank you so much for the speedy response! We actually contacted a lawyer and he advised us to offer the tenant $$ to move. So far seems as though she will do it.