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Section 8 housing program: violation of lease agreement?

This house I have is rented to someone of lower income (this is my first government-type participation). On the lease agreement, which the tenant and housing authority person signed, it lists only 5 people as being the primary residents of the house (2 adults, 3 young kids). However, for the last 5 times I've been over at this house working on general things, I've noticed another person (I think it's the daughter's boyfriend or husband). I know I'd have to prove that he's living there in order for them to be in violation of the lease agreement, which is next to impossible, but any suggestions on what to do? The lease agreement is up in April of 2009. I don't mind people living in this house, but I want everyone to pay his/her fair share... with another adult living in the house, I'll have more wear/tear on the carpet, more chances that the plumbing will become messed up, etc. Does this segment of the population think they're entitled to live somewhere without paying rent? Do you think the thought crosses this young man's mind that he's living in this house (essentially) for free? It's not about feeling sorry for a family, it's the principle of it all. I suppose I could jack up the rent from $650 to $800 next year...? After all, $150 isn't a lot to pay for having a roof over one's head, is it (referring to the young male). I don't care for any Obama-esque responses or those that refer to NOT taking on section 8 housing people b/c this one has turned out to be decent (yes, they do exist). Thanks for intelligent, rational responses.

Public Comments

1. I would ask the tenants directly what is the man's living situation because you have noticed he is over at the house quite a bit. i used to own 3 rental properties and all of them were section 8 so trust me, i understand. i had a very similar situation but it was obvious that i had people living in the basement of one of my houses that shouldn't have been there and i told them right away they needed to be out of the house. another suggestion is to contact their section 8 caseworker and advise of the situation. having an extra adult in the house that isn't qualified puts the family at risk of losing their section 8 qualification and constitutes as fraud. i'm sure it wouldn't be hard to get someone out there to drop in or investigate further. if you do talk to the family about the guy in question, i'm sure you'll get some sense as to whether they're being honest if they say he doesn't live there. if you have any doubts and have trouble with the caseworker to get anything done about it, i would definitely think long and hard as to whether or not you want to renew their lease in april- i probably wouldn't. good luck:)
2. I have tenant like yours. Just go tell them this young man is not suppose to live there if you come check next time he still there, you'll have to send out warning or eviction. A copy of such warning/eviction notice will be sent to the housing as well. Then they'll lose the section 8 qualification and being evicted. If they want to keep their section 8 status, they need to compliant to the rules. I also raise the rent every year to match up to the market and maximize my rate of return.
3. Call the housing authority and request a rent increase based on the additional household member. Trust me, they will believe you, section 8 folks try to cheat the system every day.
4. That is a lease violation and Section 8 tenants can be evicted for that. In fact if section 8 finds out about it, they will lose their assistance entirely. You are in your legal rights to raise the rent, but only AFTER the first year of the contract. Section 8 will not allow an increase until then. Send them a notice that the unauthorized tenant must be removed or you will file eviction. Also state that if they want him to stay that he has to go thru the proper approval process and be added to the lease. Also be sure to tell them that the rent will go up if he is added.
5. You can't simply raise the rent to account for extra people. You can only charge market rate. There should be no "primary" residents, there should be "sole" residents. Forget the principle and go by the lease and what it says and what you can prove. Remain the helpful and attentive (and observant) landlord so they can see you care and it is wise to stay on your good side to keep the place. The best way to deal with this is to ascertain which car is his and do frequent late night drive-bys to document whether it is there or not. After a two week survey you should have the data to either give then a gentle warning or a written notice of lease violation.