Owner Update “Question of The Month”

Q: If I need to evict a tenant, is the procedure different under TMHA’s program? (Note: This is a repeat Q & A from August, 2001. We believe it is worth repeating since we have a number of new program landlords, and we frequently have questions on this topic.)

A. Evictions fall under the Ohio Revised Code, Section 1923. As a landlord on the Section 8 program, you never lose your right to evict a tenant for just cause; however, you must follow the provisions of ORC just as you would for any unassisted tenant. Consult your lawyer for advice on specific legal questions about ORC eviction procedures. The flip side of this edition gives some advice on that.

TMHA and HUD do not give an opinion on the validity of an eviction. We base our action on the decision of the courts, as to whether or not the eviction action is ruled for or against the landlord. If the courts rule in favor of the landlord, and the tenant is evicted, TMHA will not serve that tenant again on the Section 8 program for two years, according to HUD regulation. If the tenant is not evicted, our assistance continues until ended by some other action.

There are a few things you should know about evictions and our program, however. TMHA will continue to assist the unit during the time the eviction is occurring, usually a month or two, but it can be longer. However, we have seen cases where a referee has continued a case for months before making a ruling. That means that the HAP Contract is still in force, and we owe HAP to the landlord on behalf of the family. Other provisions of the Contract are also still in force, such as inspection requirements. In other words, we continue to work with you and the family under the HUD provisions, despite the ongoing eviction.

Sometimes lawyers who may be involved representing the tenant will try to use this continued assistance, specifically the HAP payment, as a way to get the case thrown out of court. The argument used is that the landlord accepted rent (the HAP Payment) after the eviction was filed, and they will file a motion to disallow the eviction. Judges have occasionally accepted this argument.

There is a way to handle this problem. When you, the landlord present the Ohio 3-day notice called “Notice to Leave the Premises,” tell us to hold the HAP payment on that tenant until the eviction is resolved, at which point we will issue the back HAP that is due. On checks issued for multiple tenants we can continue to issue HAP for other tenants and suspend only the family in the eviction action.

The one thing the landlord is required to do during eviction is to inform TMHA that the 3-day notice has been issued. This gives us a heads-up that legal action is impending, and give us a basis to advise the tenant on what impending actions may be in store for them. You should know that we advise tenants to seek legal aid if they feel they need or want it. That is their right, and just as we believe in protecting the rights of the landlord, we also believe in protecting the rights of the tenant.

Local judges often rule for the landlords when landlords bring a legitimate lease violation to the eviction and come well prepared. TMHA’s advice is to pay close attention to the security deposit procedures noted on the flip side of this Update and in the ORC. Landlords who just assume that they can keep the security deposit without complying with the law may be surprised that the judge does not agree with that perception, and will rule for the tenant in a damage hearing.

Landlords and tenants sometimes want to know if TMHA will testify at an eviction action. We will if we are subpoenaed. Otherwise we consider an eviction as a legal action between the landlord and a tenant based on the lease, and just base our actions on the decision of the judge.
 

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