Topic: Violations in North Carolina

Anyone know where I can find a Violation letter for a Section 8 Resident who has an unauthorized occupant living in the rental?

I'm in VA but this is my template for unauthorized occupant. (We are under Section 8 contract as well)

You will need to quote something from NC's Landlord/Tenant laws (similar to VA's VRLTA) which you can more than likely find on HUD's website.

Why thank you very helpful. :)

I created this form after managing tax credit properties for 4 years.

I got so frustrated with tenants telling me "They don't live with me, they have their own place." So I set criteria to establish when to determine someone is living with them, no matter what they say.


I use it on my conventional property, now. You might modify it for yourself.

Jim and Sandy, can we add these to the File Bank?

Sure, I have already removed identifying information.

The NCAA lease, typically used on Tax Credit and communities that accept Section 8 states that determining whether a person is an unauthorized occupant shall be established by a totality of the circumstances. In other words - you get to decide. They can throw a million pieces of paper at you that say that person is not an occupant but if you see them there all the time that is good enough for the courts.

No offense, Karen, but have you had to take that to court? I have and I can tell you, the courts I have dealt with insist on documentation that says the person lives there. Sometimes we are at the mercy of a judge who makes his own decisions regardless of whether or not I tell him that I see someone there all the time. They like it when I can produce a piece of mail and photos of items in the apartment belonging to the person and have a police report stating this as well. Just saying.

Saying that you see them there "all the time" is hearsay and any halfway competent legal aid attorney will object to it and most judges would sustain it. I always tell people in Assisted Housing... Documentation, documentation, documentation. And always ask yourself, "can I prove this in court?"

Best way to proove an illegal occupant is if they receive mail/packages at that address.

Hi Mindy and Jim! Nice to meet you. What you both say is true, I was flippant in my earlier reply and didn't really state how it applied to the topic of a good letter for an unauthorized occupant. Let me do that now.

With the right letter(s) your resident will usually leave on their own and you never have to go to court. The first letter should state the lease violation and enclose an app for the offending party to complete so they can become an authorized occupant. In 90% of my experience you won't get the application back, you will get protests instead. If you do get it back then you either have another legal occupant or a wealth of information to use to hopefully get rid of your problem or empty out the apartment. Is it a tax credit unit? Do they work? Did they move in during the first 6 months of the initial lease? You can see where I am going with that... Section 8? Email the resident's worker and ask if new applicant is on voucher. Credit and criminal ok?

After that first letter, if I can't get an app I advise (truthfully) that several neighbors - of course NEVER EVER give any indication of who - have indicated seeing Mr(s) XX on the property daily. They can identify their car and it stays overnight every night. Tell them (only if it is true of course) that the maintenance staff has seen Mr(s) XX inside the apartment alone when service was requested. In fact the maintenance staff was shocked to learn this person was not on the lease. Then explain "totality of circumstances." Ask for documentation to prove otherwise. First choice: if they work ask for a pay stub. 2nd choice: If they have a car ask for a car insurance bill. The car doesn't have to be registered to the apartment address but you know people want their insurance bill to come to their home. I prefer these far above utility bills or leases because those can be faked. You can prove they are fake but it is just more work. Give a 24 hour deadline on providing the documents. Bottom line, because of "totality of circumstances" you have the upper hand. Have you talked to your postal worker? I don't know what their protocol is on this but if I point blank ask if that apartment is getting mail for someone named XX I get an answer. I can't use it independently but it is just more information on your side.

Clearly this person is not someone you want on your property for some reason because if they were laying low and abiding by Rules and Regs they would be under your radar. If after all of this you have not found what you need (enough to evict) and your resident continues to insist that the person is not an occupant then advise him/her that because Mr(s) XX continues to break (this or that) rule or reg (loitering; creating high foot or car traffic to unit; continuous domestic violence complaints from other residents or police calls; whatever it is) you must ask that they no longer visit the property. Of course this is not a ban but by this point you are so far up in the resident's comfort zone that they WANT to move. MOST of the time. For the stubborn ones, watch them like a hawk for another lease violation and move them out with that. They don't pay their rent by the time you send late letters? Send them a special one that says you are not going to accept their rent and follow through with the eviction process. They don't pay late? Don't renew their lease...BANG you are done. If you get documentation to evict most likely you won't have to anyway. They will just go. All of this can be done with the pleasant but firm demeanor that all property managers should use when handling a lease violation. NEVER get down there in the mud with them it will only hurt your case.

Now I've gone from being flippant to incredibly wordy. Wow! I can see I will enjoy this site. I was looking through the documents library and there is some great stuff in there. Can someone tell me the best place to start a discussion about bonuses based on NOI?

Sandy that document is great and hits "totality of circumstances" right on the head. Thanks.

Sandy wrote:

I created this form after managing tax credit properties for 4 years.

I got so frustrated with tenants telling me "They don't live with me, they have their own place." So I set criteria to establish when to determine someone is living with them, no matter what they say.


I use it on my conventional property, now. You might modify it for yourself.

File Attachment:

File Name: ChangeinHo...icy.docx
File Size:24 KB

Sandy this is great and hits the idea of "totality of circumstances" right on the head. Thanks!

Welcome to the site Karen! It seems you have a good handle on your problem, just remember, document everything!

Can I jump in here and say that you all are all amazing? I'm really enjoying this conversation and and bumped up all of your karma. (You can do this too by clicking the green plus sign under their picture).