Section 8 Eviction Rules: What Landlords Must Know
Eviction laws · 7 min read · Reviewed by the Section8Max Editorial Team · Last updated
Evicting a voucher tenant follows your state's normal court process, plus extra federal rules from the HAP contract and tenancy addendum. Missing one, like sending the housing agency a copy of the notice, can delay the case or get it dismissed. This post covers the grounds the program allows, the notices you need, special protections, and what happens to the housing assistance payments.
Allowed grounds for eviction
- Serious or repeated violations of the lease, including failure to pay the tenant's share of rent
- Violations of federal, state or local law related to the occupancy or use of the unit
- Criminal activity that threatens others' health, safety or peaceful enjoyment, or drug-related criminal activity on or near the premises
- Other good cause, such as the family's failure to accept a new lease, a history of disturbing neighbors, or damage to the unit
- After the initial lease term, business or economic reasons, such as selling the property, moving in yourself or renovating
Under 24 CFR 982.310 and the HUD tenancy addendum, you may end the tenancy only for specific reasons.
What you can't do
During the initial lease term, you can't end the tenancy for "good cause" unless it is something the family did or failed to do. You also can't evict because the PHA stopped or reduced payments (for example, after a failed inspection), because the tenant reported code violations, or in retaliation for complaints. Self-help evictions, such as changing the locks, cutting utilities or removing belongings, are illegal in nearly every state.
Notices you must send
- Serve the tenant the notice your state law requires, stating the grounds for eviction
- Send the PHA a copy of the eviction notice at the same time (24 CFR 982.310(e)(2)); many PHAs ask for the court complaint too
- For nonpayment in a covered property (which includes voucher units), the CARES Act requires at least a 30-day notice to vacate in many jurisdictions
- Follow any local just-cause or right-to-cure rules, which can be stricter than federal rules
VAWA protections
Under the Violence Against Women Act, you can't evict a tenant because they are a victim of domestic violence, dating violence, sexual assault or stalking, or because of criminal activity directly related to that abuse. You may be able to bifurcate the lease to remove the abuser while keeping the victim housed. Give tenants the HUD VAWA notice of rights (form HUD-5380) when required, and keep any information they share confidential.
Nonpayment of the tenant's share
The PHA's part of the rent can't be the basis for eviction. If the agency's payment is late or abated, that is between you and the PHA. You can pursue the tenant only for their share. Keep a separate ledger for the tenant portion and the HAP so the court sees exactly what the tenant owes. If the tenant's income dropped, they may be eligible for an interim recertification that lowers their share, which can resolve the case.
After the judgment
Housing assistance payments stop once the family moves out or the court orders possession. You may not keep payments for any month after the family leaves. Evictions can also cost a family their voucher, so many tenants and legal aid offices will negotiate a move-out or payment plan. Tenants can learn their side of the process in our Section 8 tenant guide. This post is general information, not legal advice; eviction law varies by state, so consult a local attorney before filing.
Frequently asked questions
Do I have to tell the housing agency before I evict?
Yes. You must give the PHA a copy of any eviction notice you give the tenant at the same time.
Can I evict a Section 8 tenant to sell the house?
Not during the initial lease term. After it, business or economic reasons like a sale can be good cause, subject to state and local law.
Can I evict if the housing agency stops paying?
No. Nonpayment by the PHA is not grounds to evict the tenant; you can pursue only the tenant's share.