How Long Does It Really Take To Evict A Section 8 Tenant?

Section 8 eviction typically stretches 30‑60 days from the first notice to possession, but exact timing hinges on local rules and the Public Housing Agency's (PHA) involvement.

• 5‑day (or 7‑day in some jurisdictions) notice for missed rent
• Notify PHA; agency gets 10‑14 days to address the breach and issue written consent
• File complaint after PHA approval
• Court sets hearing, often within 2‑4 weeks, though docket pressure can lengthen or shorten that window
• Judgment rendered 7‑14 days post‑hearing
• Writ of possession served (3‑5 days), then sheriff enforcement in roughly 7‑10 days

(Next up we'll map out each step in detail.)

The eviction process breaks down into seven clear actions, each with its own typical timing and jurisdictional quirks.

1. Identify the breach - Determine whether non‑payment, lease violation, or another cause triggers the eviction. This decision shapes the notice period required in your state.
2. Serve the proper notice - Deliver a written notice that meets local law: three days for unpaid rent in California, seven to thirty days for most lease violations elsewhere. Include a deadline for cure and reference the Section 8 lease terms.
3. File the complaint - If the tenant fails to remedy the issue, submit a petition for eviction to the appropriate court. Attach the notice copy and any supporting documentation, such as payment histories.
4. Attend the hearing - The court schedules a hearing, typically within 7‑21 days after filing. Be prepared to present the lease, notice, and proof of breach. The judge may issue a default judgment if the tenant does not appear.
5. Obtain a writ of possession - After a favorable judgment, request the writ. This legal order authorizes the sheriff or marshal to enforce the eviction and usually takes 3‑10 days to process.
6. Coordinate with the PHA - Notify the public housing agency of the judgment. The PHA will terminate the Housing Assistance Payment (HAP) contract, but it does not arrange the physical lockout. (See HUD's Section 8 landlord guide for the exact notification timeline.)
7. Execute the lockout - The sheriff or marshal serves the writ of possession, posts a notice to vacate, and, if needed, removes the tenant. This final step concludes the Section 8 eviction, after which you can reclaim possession as detailed in the next section.

The case stalls because every Section 8 eviction must obey a strict procedural chain that courts rarely shortcut. Mandatory 30‑day notices, followed by a filed complaint, then a court‑set hearing, automatically adds weeks before any judgment can appear.

Serving the notice, waiting for the tenant's response, and then navigating HUD's verification checklist each introduce separate waiting periods. Courts often require proof that the voucher sponsor has been notified, which can tack on another 10‑14 days. HUD Section 8 eviction procedures detail these extra steps, and they frequently push the docket beyond the initial filing date.

Limited housing‑court judges, mandatory mediation sessions, and the possibility of an appeal further extend timelines, especially in jurisdictions with heavy caseloads. As a result, a straightforward eviction that might close in 60 days can easily stretch to 90‑120 days, a delay explored in the next 'spot 4 phases that stretch your eviction time' section.

• **NYCHA** - Eviction follows New York state notice rules, not a NYCHA clearance letter; any agency review runs parallel to the court process and doesn't create a legally required pause.
• **Los Angeles County Development Authority** - California law mandates a three‑day notice for non‑payment, and the LCDPA does not insert an extra rent‑receipt check before filing a complaint.
• **Chicago Housing Authority** - Mediation services are offered voluntarily; there is no statutory 7‑10‑day mediation window that stalls the eviction timeline.
• **Houston Housing Authority** - Voucher renewal may involve paperwork, but Texas eviction statutes allow the landlord to proceed after the proper notice, independent of HHA actions.

Notice period

requirements hinge on state law and eviction cause; non‑payment often triggers a 14‑day notice, while no‑cause terminations may demand 30‑60 days. Tenants may dispute an improper notice by demanding proof from the landlord and, if the notice falls short, filing a motion to dismiss before the court hears the case.

Under HUD regulations, every Section 8 tenant qualifies for an informal hearing with the local Public Housing Authority (PHA), a step that can pause proceedings and force the landlord to correct procedural flaws (HUD's informal hearing rule). As we noted in the timeline overview, filing this request typically adds a week or two before the judge schedules a hearing.

Court defense

options include proving the eviction cause meets statutory criteria, demonstrating the tenant received proper notice, or showing the PHA's hearing resulted in a settlement.

Tenants should submit all lease documents, payment records, and correspondence to the court docket promptly, thereby forcing the landlord to substantiate claims. An appeal of an adverse ruling can further extend the process, often aligning with the 'delay phases' discussed earlier. Leveraging these rights frequently stretches a Section 8 eviction beyond the landlord's expected schedule, buying the tenant critical time to cure defaults or negotiate alternatives.

The three biggest traps that turn a Section 8 eviction into a money‑draining nightmare are improper notice, ignoring HUD paperwork, and mishandling court filings.

• Improper notice - Skipping the mandated 30‑day (or 60‑day where required) written notice, or delivering it by an unsupported method, lets the tenant challenge the case and adds weeks; most jurisdictions demand personal delivery or certified mail to be valid.
• Ignoring HUD documentation - Failing to submit the HAP contract termination or to inform the public housing authority within the required timeframe keeps the voucher active and stalls the process; the exact deadline varies by local HUD office but generally falls within five business days of filing.
• Botched court filings - Filing the complaint in the wrong county, or omitting essential exhibits such as the lease and notice copies, leads to dismissal and extra court dates; verify the proper jurisdiction and attach all required docs before submitting, as outlined in HUD's Section 8 eviction guide.

After the court signs the judgment, the landlord must convert that paper victory into real‑world possession.

First, request the writ of possession from the clerk. The writ authorizes the sheriff (or constable) to serve a final notice on the tenant. That notice period differs by state - 24 hours in New York, three days in California, and up to 72 hours in Texas (state eviction notice timelines). Section 8 tenants may also trigger a brief federal review by the Public Housing Authority, which can add a day or two.

Steps to secure possession

• Obtain the writ of possession and file it with the local sheriff's office.
• Schedule a service date; the sheriff delivers the notice and records the service.
• Observe the statutory notice window - do not attempt entry until it expires.
• Arrange for lockout or removal on the sheriff‑approved date; bring a copy of the judgment.
• If the tenant refuses to leave, file an affidavit of non‑compliance to seek a contempt order or a money judgment for damages.
• Notify the PHA of the upcoming lockout; comply with any additional reporting requirements they impose.

With the lockout completed, the unit is ready for a new tenant - whether a fresh Section 8 voucher or a market‑rate applicant - as the next section explains how to handle evictions during voucher renewal without extra headaches.

Failing to recertify during the voucher renewal lets you invoke the lease‑violation clause, so a 30‑day 'cure or quit' notice usually suffices (state notice periods may be shorter). The PHA must first send termination letters to both landlord and tenant, then you serve the notice; once the tenant either pays the full rent or vacates, the eviction proceeds on non‑payment grounds without a lengthy court fight (as we covered above with standard timelines).

If the PHA delays its termination notice or local law requires a longer cure period, you must adhere to the jurisdiction's eviction statutes. That means filing a complaint, serving a formal notice, waiting the statutory cure time (often 3‑14 days), and then obtaining a judgment - steps that can push the process past 60 days. In such cases, HUD's model lease still applies, but the actual eviction follows state procedures, not HUD rules (HUD's Section 8 lease guidelines).

A Section 8 eviction that wraps up in about 90 days represents the quickest realistic outcome when paperwork, service, and court dates align. That window reflects the timeline outlined in the step‑by‑step map discussed earlier.

• Austin, Texas: landlord served a 5‑day notice on day 1, obtained a default judgment by day 30, and received possession on day 92 after the tenant's vacate deadline passed.
• Chicago, Illinois: after a 10‑day notice on day 1, the case proceeded to trial on day 45, the judge issued a writ of restitution on day 78, and the tenant left on day 90.
• Phoenix, Arizona: a 3‑day notice on day 1 led to a mediation settlement on day 40, the court entered an order on day 65, and the landlord regained control on day 89.

After a Section 8 eviction, the public housing agency only pays the HAP share due up to the tenant's move‑out date; it does not reimburse rent lost during vacancy. Landlords must submit a termination‑of‑assistance form to the PHA, and processing typically takes 30‑45 days (HUD termination of assistance form).

Any balance beyond the HAP portion - unpaid tenant share, late fees, or post‑move‑out rent - must be pursued from the former tenant. Use the security‑deposit, file a small‑claims action (welcome to landlord life), or enlist a collection agency. Acting quickly improves recovery odds, and the next section shows how real cases unfold over a 90‑day window.