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tq402000

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Posts: 2
Reply with quote  #1 

I HAD A TENANT FALL ON MY PROPERTY AND NOW SHE CLAIMS TO BE HURT SHE IS A SECTION 8 TENANT SHE WAS SUPOSE TO FILE A RELEASE FORM TO END THE LEASE THAT FRIDAY THEN SHE FALLS AND SAYS SHE HURT ON SUNDAY I'M NEW TO THE BUSINESS I CALLED MY INSURANCE COMPANY AND LET THEM KNOW SHOULD I FILE A EVICTION THIS HAS BEEN A ONGOING PROCESS WITH THIS GIRL I NEED INSITE I LIVE IN THE STATE OF OHIO IF THATS ANY HELP I KEEP  MY PROPERTY IN GOOD SHAPE I INVESTED 10,000 INTO THIS PLACE 

OHlandlord

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Posts: 3,812
Reply with quote  #2 
What was the cause of her fall?  Was there a dangerous situation?  Was something broken which you knew of?  Was there something wrong that you knew of, or should have been aware of, and you failed to fix it?  If not, then the fall is not your fault.  You are only liable if there was a problem that you knew (or should have known) would cause harm and you neglected to correct it. Find out the cause, then go take photos to show there is no problem there.  (Just to CYA.)

This tenant is a section 8, meaning she is well aware of the system and how it works.  She was about to get kicked out of her unit, now suddenly she is "hurt" and can't move.  This is just another stall tactic.  She is trying to intimidate you into not getting her out.  (Why was she getting evicted?  Non-payment?  Lease violations?)  If the reason was legit and you have the evidence to back it up in court, go ahead and file as normal.  Please note that she will get a free attorney to fight your eviction.  (Nearly all s8 tenants qualify for free legal aide.)

There are several other stall tactics this tenant will probably try before you can get her out.  Watch for her to ask for another inspection ("Your place has habitability problems.  I asked for the LL to fix ____ and they refused to fix it.")  It doesn't matter how much you have put into the property.  If she asks for the inspection, metro will do it.  She will dispute her nonpayment.  ("I am current on my rent.")  Get together your receipts and/or payment ledger to prove she isn't current.  She may even ask for lead tests to be done.  These will take a while because only a certified inspector can do them.

This is why Section 8 is not for new LLs.  A new LL would never be able to handle all of this drama.  Section 8 tenants know all the ins and outs.  If you have not done an eviction yourself before, you might want to get an attorney who specializes in evictions to handle this.  She will have an attorney, you can bet on it.  Good luck.
tq402000

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Posts: 2
Reply with quote  #3 

she told me she was scared of me and doesnt trust me too be around her...it was shocking she never said that when she put in the app 

OHlandlord

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Posts: 3,812
Reply with quote  #4 

Cease talking to this tenant.  Make all communication in writing.  If you have to go into her unit, make sure you take a witness.  "Scared of you" sounds like another stall tactic.  (Don't be surprised if she now tries to file a restraining order.)  She thinks this will slow you down in evicting in her since it will make it harder for you to serve her papers.  Check your state's laws, some states allow another party to serve them.  Some states allow "nail or mail", that is posting them to the front door of the unit or sending them through U.S. mail.  Get rid of this one fast.  She's trouble. 

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