Frannie
09-27-2006, 12:17 PM
I have a section 8 tenant that has caused numerous disturbances to my neighbors. Neighbors have called the police on numerous occasions. I have a copy of one police report. I requested that tenant move out. She agreed. I memorialized that request in writing and tenant signed. Later that evening tenant showed letter to her mother and mother objected to tenant voluntarily leaving the premises. Tenant then wrote letter to me stating that I tricked her into signing letter.
I contacted section 8 housing assistant and copied her on my correspondence with tenant which included my the letter signed by the tenant and my intent to evict if the tenant does not move out by the end of October. Upon notification form the section 8 housing assistant that the tenant was not moving because she felt she did nothing wrong. I delivered in hand, a notice to quit to tenant on September 16. Court requires that I have proof of service and recommended that I use a constable. I know tenant received notice because section 8 housing assistant confirmed that when the tenant was in her office on September 21 tenant informed her that she received a notice to quit from me. Despite this confirmation I decided to send it via constable since the court said that confirmation from housing assistant was not proof of service. I dropped off the notice to quit to the constable today. I also picked up a certified letter from the post office today.
Apparently tenant had contacted the local board of health and her apartment was inspected on September 22, 2006. I was sited for some violations. I spoke with the inspector today and she informed me that the violations are minor. I believe the tenant is using the Board of Health to stall my eviction proceeding.
My questions: I will be making the necessary repairs to the apartment ASAP. Do I have to complete these repairs before I can move forward with the eviction proceeding?
Because the tenant can deny receiving the notice to quit that I delivered to her by hand, will the court view the eviction proceedings as retaliation? I have sent numerous letter via certified mail dated September 14 and 18, to the tenant. Said letters state that I am going to commence eviction proceedings against the tenant. BUT, the tenant never picked them up from the post office. Should I subpoena the housing assistant to come to court to testify that the tenant received my September 16, 2006 notice to quit prior to the September 22 board of health inspection?
Do you think I will get the eviction?
Thank you
I contacted section 8 housing assistant and copied her on my correspondence with tenant which included my the letter signed by the tenant and my intent to evict if the tenant does not move out by the end of October. Upon notification form the section 8 housing assistant that the tenant was not moving because she felt she did nothing wrong. I delivered in hand, a notice to quit to tenant on September 16. Court requires that I have proof of service and recommended that I use a constable. I know tenant received notice because section 8 housing assistant confirmed that when the tenant was in her office on September 21 tenant informed her that she received a notice to quit from me. Despite this confirmation I decided to send it via constable since the court said that confirmation from housing assistant was not proof of service. I dropped off the notice to quit to the constable today. I also picked up a certified letter from the post office today.
Apparently tenant had contacted the local board of health and her apartment was inspected on September 22, 2006. I was sited for some violations. I spoke with the inspector today and she informed me that the violations are minor. I believe the tenant is using the Board of Health to stall my eviction proceeding.
My questions: I will be making the necessary repairs to the apartment ASAP. Do I have to complete these repairs before I can move forward with the eviction proceeding?
Because the tenant can deny receiving the notice to quit that I delivered to her by hand, will the court view the eviction proceedings as retaliation? I have sent numerous letter via certified mail dated September 14 and 18, to the tenant. Said letters state that I am going to commence eviction proceedings against the tenant. BUT, the tenant never picked them up from the post office. Should I subpoena the housing assistant to come to court to testify that the tenant received my September 16, 2006 notice to quit prior to the September 22 board of health inspection?
Do you think I will get the eviction?
Thank you
