Navigating Section 8 Housing Evictions: Strategies and Legal Considerations
Living in Section 8 housing comes with specific responsibilities and regulations, particularly regarding the individuals residing in the property. If you find yourself in a situation where your boyfriend, who is not on the lease, needs to leave, it is crucial to understand your rights and the legal processes involved. This article will explore the steps you can take to evict your partner, including the involvement of law enforcement, seeking legal assistance, and direct communication.
Understanding the Risks
Living in Section 8 housing has strict rules about who can reside in the property. Your boyfriend, being an unauthorized tenant, poses a significant risk to your housing status. If you decide to evict him, you must ensure that the process is handled carefully to avoid jeopardizing your Section 8 benefits.
Strategies to Evict an Unauthorized Tenant
1. Involving Law Enforcement
One of the initial steps you can take is to involve the local police department (PD). Approach your local PD privately and discuss the situation with them. They can work with you to set a timeframe for your boyfriend to vacate the premises. If he does not comply by the specified time, law enforcement may intervene to remove him physically. Any of his belongings will be considered abandoned and thrown away.
2. Seeking Legal Assistance
Alternatively, you can seek the assistance of a lawyer. While this option is more expensive, it ensures that all legal paperwork is correctly filed and processed. A lawyer will handle the necessary filings at the sheriff's department to initiate the eviction process. If you choose to do this without a lawyer, you will be responsible for the administrative work, which can be time-consuming.
3. Direct Communication
Before resorting to more drastic measures, consider having a direct conversation with your boyfriend. Discuss the issue openly and honestly, emphasizing the importance of adhering to the Section 8 lease agreement. If he is responsible for your children, you might underscore the potential consequences of his continued presence, such as homelessness for your family. If he continues to ignore your concerns, you may need to give him 30 days' notice in writing to vacate the property.
Legal Risks and Consequences
It is important to note that if you are the tenant in Section 8 housing, you are not the owner of the property. As such, you do not have the authority to evict him without the consent of the property owner or through legal means. Unauthorized tenants living in your Section 8 property can lead to loss of your housing assistance and even eviction. Additionally, any actions you take to remove him without proper legal procedures could jeopardize your Section 8 benefits.
To mitigate these risks, consider consulting with a legal expert who specializes in housing law. They can provide you with guidance on the best course of action and help protect your rights as a tenant.
Conclusion
If you find yourself in a situation where you need to evict an unauthorized tenant living in your Section 8 housing, it is essential to approach the matter with caution. The strategies mentioned above, including involving law enforcement, seeking legal assistance, or direct communication, can help you manage the situation while safeguarding your housing benefits. Always prioritize the well-being of your children and take action that minimizes disruption to their lives.