By Ruben Pueyo | Bricksave
September 06, 2024
News > Blog Article > Breaking down the Section 8 eviction …
The Section 8 housing programme, designed to assist low-income families, elderly, and disabled individuals in securing affordable housing, has become an integral part of the American rental landscape.
For property investors and landlords, participating in this programme can offer a steady stream of income and the opportunity to serve communities in need. However, navigating the complexities of Section 8 tenancies, particularly when it comes to evictions, can be a daunting task fraught with legal pitfalls and potential risks.
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After 1 to 3 months of missed payments
Before initiating the eviction process, landlords must ensure they have valid grounds for eviction. Under Section 8 guidelines, these typically include non-payment of rent, violation of lease terms, or engaging in criminal activity on the premises. It's crucial to note that Section 8 tenants enjoy additional protections, and landlords must adhere to both federal and local regulations when pursuing eviction.
Day 0 to day 5
Once grounds for eviction have been established, landlords must provide the tenant with proper notice. The required notice period can vary depending on the reason for eviction and local laws. In Michigan, for instance, landlords must provide a 7-day notice for non-payment of rent, while in Illinois, a 5-day notice is required. For other lease violations, a longer notice period may be necessary. It's essential to ensure that the notice is delivered in accordance with state laws, which may require personal service or certified mail.
5 days after notice
If the tenant fails to rectify the issue or vacate the property within the notice period, the landlord can proceed to file an eviction lawsuit, also known as an unlawful detainer action. This involves submitting the necessary paperwork to the local court and paying the required filing fees. In both Michigan and Illinois, landlords must file the case in the district court where the property is located.
30 to 90 days post filing the lawsuit
Once the eviction lawsuit is filed, the court will schedule a hearing. Both the landlord and tenant will have the opportunity to present their case before a judge. It's crucial for landlords to come prepared with all relevant documentation, including the lease agreement, rent payment records, and evidence of lease violations. In some cases, particularly in the wake of the COVID-19 pandemic, court hearings may be conducted virtually to ensure safety and efficiency.
4 to 6 weeks after favourable court decision
If the court rules in favour of the landlord, a judgment for possession will be issued. However, this doesn't immediately grant the landlord the right to remove the tenant. In both Michigan and Illinois, landlords must obtain a writ of possession, which is an order authorising law enforcement to remove the tenant from the property. The timeline for obtaining and executing a writ of possession can vary depending on local court procedures and law enforcement resources.
One of the most significant legal considerations for landlords in Michigan and Illinois is the existence of yearly eviction moratoriums. Illinois has implemented a yearly moratorium on evictions during the winter months, typically from December 1 to March 15. These moratoriums are designed to protect vulnerable tenants from homelessness during harsh winter conditions and can significantly impact a landlord's ability to regain possession of their property.
The COVID-19 pandemic has had a profound impact on the eviction process across the United States, including in Michigan and Illinois. Both states implemented temporary eviction moratoriums in response to the pandemic, which have since expired. However, the aftermath of these moratoriums has created a substantial backlog in the court system. Landlords seeking to evict tenants may face significant delays in court proceedings, with some jurisdictions reporting wait times of several months for eviction hearings.
When dealing with Section 8 tenants, landlords must be particularly mindful of Fair Housing Act compliance. This federal law prohibits discrimination based on race, colour, national origin, religion, sex, familial status, or disability. Landlords must ensure that their eviction practices do not disproportionately affect protected classes or give the appearance of discriminatory intent.
One of the most significant risks landlords face when evicting Section 8 tenants is the potential for retaliation claims. Tenants may allege that the eviction is in response to their exercising of legal rights, such as reporting housing code violations or requesting reasonable accommodations. To mitigate this risk, landlords should maintain detailed records of all interactions with tenants and ensure that all eviction actions are based on legitimate, documented reasons.
The eviction process is highly regulated, and even minor procedural errors can result in dismissal of the case or significant delays. Common mistakes include improper service of notice, failure to follow specific local court procedures, or inadequate documentation. To avoid these pitfalls, landlords should consider seeking legal counsel or working with experienced property management professionals who are well-versed in local eviction laws.
Evictions can be costly for landlords, both in terms of legal fees and lost rental income. The extended timelines created by eviction moratoriums and court backlogs can exacerbate these financial losses. Additionally, Section 8 tenants who are evicted may struggle to find new housing, potentially leading to the loss of their housing voucher. This can result in negative publicity for the landlord and make it more challenging to attract future Section 8 tenants.
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Navigating the Section 8 eviction process requires a thorough understanding of both federal and local laws, as well as a keen awareness of potential risks and legal considerations. The unique challenges posed by yearly moratoriums in Michigan and Illinois, coupled with the ongoing impact of the COVID-19 pandemic, have created a complex landscape for landlords and property investors.
To successfully manage Section 8 properties and minimise the risk of problematic evictions, landlords should prioritise clear communication with tenants, maintain meticulous records, and stay informed about changes in local and federal housing laws. When eviction becomes necessary, adhering strictly to proper procedures and seeking professional legal advice can help mitigate risks and ensure a smoother process.
Ultimately, while the Section 8 programme can offer valuable opportunities for property investors, it's crucial to approach these tenancies with a comprehensive understanding of the associated responsibilities and potential challenges. By doing so, landlords can better protect their investments while continuing to provide essential housing services to vulnerable populations.
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