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  1. #11
    Join Date
    Aug 2013
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    29

    Default Re: Can You Lock Your Ex- Out of Your Home After Six Months of Living Together

    She is awake now, but her psychologist asked me not to tell her I'm done with her yet.

  2. #12
    Join Date
    Sep 2005
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    98,846

    Default Re: Can You Lock Your Ex- Out of Your Home After Six Months of Living Together

    Quote Quoting Pascal666
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    She is awake now, but her psychologist asked me not to tell her I'm done with her yet.
    That's fine, if you are willing to cooperate with her psychologist -- but by the same token have you made her psychologist aware of her need for another place to stay when she's discharged? Your being willing to help with her recovery, and your respect for her psychological state, is commendable -- but you still need to protect yourself.

  3. #13
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Can You Lock Your Ex- Out of Your Home After Six Months of Living Together

    As an aside, you stated she is covered by a section 8 voucher...now I understand one can move and still hold/use a voucher...but just where is the money going?

  4. #14
    Join Date
    Jun 2014
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    3,176

    Default Re: Can You Lock Your Ex- Out of Your Home After Six Months of Living Together

    if she has a Section 8 Tenant Voucher and that is paying the rent there, the landlord has to contact the PHA and there is a process there. Federal law governs evicting someone with a Section 8 Voucher. If she is disabled she has certain rights under ADA regarding housing.

    When someone has a Section 8 Voucher, they are given a set time frame to find a unit, have it pass inspection and lease it. The vouchers expire and must be renewed before they expire to keep the voucher current. Each PHA has standard time frames they give you to find a place. Those time frames are usually 30-60 days.

  5. #15
    Join Date
    Aug 2013
    Posts
    29

    Default Re: Can You Lock Your Ex- Out of Your Home After Six Months of Living Together

    The original plan was to transfer the voucher to my locality and section 8 would pay me to house her. They have a formula, based upon how many bedrooms the house has, they use to determine her fair share of housing expenses. They would have paid me less than they were paying for her single apartment. Unfortunately, when Chicago sent the transfer paperwork to Cook County they included her old Chicago address, instead of my address (which she had given them) so Cook County sent the transfer paperwork to her old address. USPS did not forward it. Having received no response from her, Cook County transferred it back to Chicago. Chicago called her and figured out the address screwup, but by then she had less than 90 days left until the voucher expired, so she had to go through the renewal process (you have to have at least 90 days left on your voucher to transfer it). Having now completed that, Chicago should be transferring it to Cook County again. Once that goes through she can choose where she would like to live, either in Cook County or have them transfer it somewhere else.

  6. #16
    Join Date
    Jun 2014
    Posts
    3,176

    Default Re: Can You Lock Your Ex- Out of Your Home After Six Months of Living Together

    So, you're saying you went into the local PHA and talked to them and they were going to pay a portion of your girlfriends rent? Are they aware of the relationship? Or did you and your girlfriend commit fraud by lying to them?

  7. #17
    Join Date
    Aug 2013
    Posts
    29

    Default Re: Can You Lock Your Ex- Out of Your Home After Six Months of Living Together

    Quote Quoting HRinDEVON
    View Post
    1, 2 A lease is a contract for exclusive possession of lands, tenements or hereditaments for life, for a term of years, or at will, or for any interest less than that of the lessor, usually for a specified rent or compensation. (Illinois Central R.R. Co. v. Michigan Central R.R. Co., 18 Ill. App.2d 462, 477, 152 N.E.2d 627.) A lease possesses the property of passing an estate in land; it partakes of the nature of an estate, and exclusive possession of the leased premises is essential to its character. (Holladay v. Chicago Arc Light & Power Co., 55 Ill. App. 463, 467; compare Alwood v. Ruckman, 21 Ill. 200; R.J. Gunning Co. v. Cusack, 50 Ill. App. 290.)
    I misread this the first time around. Although a lease may require "exclusive possession", a tenancy does not require a lease.

    - - - Updated - - -

    Quote Quoting Mercy&Grace
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    So, you're saying you went into the local PHA and talked to them and they were going to pay a portion of your girlfriends rent? Are they aware of the relationship? Or did you and your girlfriend commit fraud by lying to them?
    I haven't done anything with them. Her voucher, not mine. As far as I know her plan was on the up and up, but part of the reason I am done with her is she is a liar and master manipulator. I did, however, see the PDF talking about how to calculate her portion of housing expenses. IIRC it had a table listing how much they would pay for units with various numbers of bedrooms. As she has no children living with her she only qualified for a one bedroom. It then talked about if she was renting a bedroom in a house with multiple bedrooms they would pay the fraction of the listed amount that she was allowed. So if the house had three bedrooms, for example, you take the three bedroom price and divide it by three (since they only pay for one bedroom for her). The result is always lower than the one bedroom price, so section 8 would be saving money by paying me instead of her having an apartment of her own. Originally she had her own bedroom in my house, but that changed over time.

  8. #18
    Join Date
    Jun 2014
    Posts
    3,176

    Default Re: Can You Lock Your Ex- Out of Your Home After Six Months of Living Together

    There is much more to it than what she has told you. If you are in this situation with a Section 8 voucher again, be sure and go to your local PHA and find out the facts and laws first hand. If you haven't seen any documents from either PHA to her with her name and theirs on the documents, you have no way of being sure she even has a active voucher.

    - - - Updated - - -

    She can't use her voucher to rent a room from you. Also it LIZ highly doubtful she has a voucher any longer based on what you have said here.

  9. #19
    Join Date
    Aug 2013
    Posts
    29

    Default Re: Can You Lock Your Ex- Out of Your Home After Six Months of Living Together

    Quote Quoting Mercy&Grace
    View Post
    If you haven't seen any documents from either PHA to her with her name and theirs on the documents, you have no way of being sure she even has a active voucher. She can't use her voucher to rent a room from you. Also it LIZ highly doubtful she has a voucher any longer based on what you have said here.
    All HCV Program rules and policies for the Housing Authority of Cook County can be found in the Administrative Plan at http://thehacc.org/wp-content/uploads/2012/09/here2.pdf . Page 279 (labeled "Page 260" in the document) would appear to disagree with you.

    As part of the renewal process for her Housing Choice Voucher earlier this month, Chicago Housing Authority gave her a Documents Outstanding Notice requiring her to provide within 10 days a Social Security Award Letter dated within the last 60 days. I drove her to the Social Security office to get the letter and faxed it to them myself. I am looking at the notice right now. It has her name and voucher number on it.

    - - - Updated - - -

    Quote Quoting Mr. Knowitall
    View Post
    Your being willing to help with her recovery, and your respect for her psychological state, is commendable -- but you still need to protect yourself.
    If I am reading the statutes correctly, with no lease the 30 days is always relative to the end of a month. So as long as I serve her before 10/2/15, the 30 days always ends 10/31/15.

  10. #20
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Can You Lock Your Ex- Out of Your Home After Six Months of Living Together

    Your updates suggest that she started out with a separate dwelling area ......that makes the picture look a lot more like a tenancy....and you need to follow the rules as to eviction to be on safe side unless she voluntarily surrenders ..in writing! As another suggested, you need to protect yourself.
    I would strongly suggest you make timely service by one of the appropriate steps before the end of this month just so you have the ball properly. And I would not count on 10/2 as being correct for 10/31....why not get it done last day of Sept and be safer?

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