Can Section 8 Tenants Be Evicted Legally?

A Section 8 tenant can be evicted for the same grounds that apply to any renter, as long as the landlord follows state notice rules and obtains a court order. Below are the most common, legally defensible reasons.

• Non‑payment of rent - includes any portion the tenant owes beyond the voucher; most states require a 14‑day notice (or the statutory period) before filing an eviction lawsuit.
• Lease violations - unauthorized occupants, pets, or property damage; usually a 30‑day notice to cure the breach, after which the landlord may proceed.
• Criminal activity on the premises - police reports or convictions trigger immediate notice requirements; the PHA may also terminate the voucher for good cause, but that action is separate from the court eviction.
• Failure to maintain a habitable unit - unsanitary conditions or serious neglect; landlords must give a reasonable notice to remediate before seeking possession.
• Owner's legitimate move‑in - when the property owner or a close family member intends to occupy the unit; local laws dictate notice periods, and the PHA's voucher status does not affect the eviction process.

For a concise overview of landlord obligations, see HUD's Section 8 landlord guide.

Issue the eviction notice, then promptly forward a copy to the PHA. The agency checks whether the action jeopardizes the housing assistance but does not pause the legal process.

1. Serve the tenant with the proper notice (pay‑or‑quit, breach, etc.).
2. Within 24 - 48 hours, email, fax, or mail the same notice to the PHA, attaching the lease clause that justifies the action.
3. Include tenant's name, unit number, notice date, and a brief reason; the PHA uses this to verify program compliance.
4. Expect the PHA to request clarification or additional paperwork if the subsidy is at risk. Their response does not extend the cure period or grant eviction approval; the landlord must still follow state‑law timelines.

Proceed to court after the required notice period, regardless of the PHA's review timeline, and keep records of all communications for subsidy audit purposes.

Nonpayment eviction proceeds like any other, but Section 8 adds a few checkpoints.

First, confirm the tenant's arrears. Pull the rent ledger, compare the tenant's share with the PHA‑issued payment standard, and note any HUD‑mandated adjustments. Mistakes happen; a quick audit prevents a costly misstep.

Next, serve the proper notice. Use the longer of the state‑required period or the HAP contract's minimum 14‑day termination notice. Anything shorter risks an invalid filing, so lean on the longer deadline (most states demand at least five days, but many require 14). Include the amount due, the date by which payment must be made, and a statement that the tenancy may end if the balance isn't cleared.

After notice delivery, inform the PHA. Email or call the case manager, cite the notice date, and request confirmation of the tenant's subsidy status. The PHA won't pay the tenant's share, but it may adjust assistance or note the default in its records. Document every conversation.

If the balance remains unpaid after the notice expires, prepare the eviction complaint. Fill the local court's form, attach the notice copy, and list the unpaid rent as the basis for possession. File promptly; most jurisdictions impose a filing deadline tied to the notice period's end.

Proceed to court. Present the lease, payment ledger, and PHA communication. The judge will typically issue a summary judgment when the facts are clear. No surprise testimony needed unless the tenant contests the amount.

Finally, enforce the writ of possession. The sheriff or constable posts a notice to vacate, then, if necessary, removes the tenant's belongings. Recover any owed rent through a money‑judgment lien or wage garnishment, remembering that Section 8 subsidies continue only for future qualified tenancy.

These steps keep the process legal, efficient, and PHA‑compliant, setting the stage for the next section on handling serious lease violations.

Landlords address serious Section 8 lease violations by using the same state‑run eviction process applied to any tenant, not by invoking a special HUD shortcut. First, deliver the statutory notice required for the specific breach - often a 30‑day 'cure or vacate' notice - then file the eviction action in local court. After the complaint is filed, inform the PHA of the termination; the agency may end the voucher but does not need to approve the suit beforehand.

Maintain meticulous records: copy the notice, log the violation date, and keep the tenant's response. Include the PHA notice in the court packet to demonstrate compliance with HUD reporting rules. Proceed to trial, present the breach evidence, and let the judge decide. (The next section shows how to handle criminal‑activity grounds without overstepping.)

Criminal activity gives a landlord a legal basis to evict a Section 8 tenant, but the process must follow HUD's one‑strike policy and the public housing authority's (PHA) notification rules. Because the PHA controls the voucher, landlords must involve it before filing court papers, as we covered above.

• Collect police reports, incident logs, and any court records that identify the tenant's unlawful conduct.
• Submit the documentation to the PHA in writing, request termination of the voucher, and keep a copy for the file (HUD eviction and termination guidelines).
• Deliver a lease‑violation notice to the tenant, granting the cure period specified in the lease or PHA guidelines (often about 14 days, but verify local rules).
• Allow the PHA to conduct its own investigation; if it issues a termination notice, attach it to the eviction filing.
• File the formal eviction suit after the PHA's decision; serve the summons according to state law.
• Refrain from changing locks, shutting off utilities, or entering the unit without a court order.

Section 8 tenants can contest a PHA's termination of assistance and must be offered a hearing. The right to appeal applies only to agency‑initiated actions - such as a notice of termination or denial of voucher eligibility - not to every landlord‑served eviction notice. HUD regulations (24 CFR 982.555) require the PHA to give a reasonable window, usually 10 - 14 days, for the tenant to request a hearing in writing.

• Example:* A PHA issues a termination notice after a tenant allegedly violates a lease provision. The tenant submits a written request for a hearing within the 12‑day window, then appears before an administrative law judge, presents rent receipts and repair logs, and may receive a decision that reinstates assistance or modifies the termination terms.

• Example:* A landlord files an eviction suit under state law. The tenant notifies the PHA, which reviews whether the eviction jeopardizes voucher eligibility and may intervene, but the eviction itself proceeds through the regular court process.

These mechanisms ensure due process for Section 8 participants while keeping landlord‑eviction procedures separate.

Self‑help eviction tactics - changing locks, shutting off utilities, or hauling out a tenant's possessions - are strictly prohibited for Section 8 renters.

Attempting any of those actions before a court order exposes the landlord to HUD penalties, possible loss of the Section 8 contract, and a civil lawsuit from the tenant.

Follow the proper route: issue the PHA‑required notice, wait the statutory cure period, secure a judgment, then, with PHA approval, enforce the order (see HUD self‑help eviction guidelines). As we covered above, bypassing this process triggers the very traps landlords try to avoid.

Owner‑move‑in evictions for Section 8 tenants require written consent from the Public Housing Authority (PHA) and mandatory relocation assistance before any court filing. Landlord delivers the standard 30‑day notice, then submits a move‑in request to the PHA with proof of personal occupation intent; only the PHA's written approval permits the eviction process to continue.

Domestic‑violence protections let a Section 8 tenant stay even if the lease is technically breached.

When a tenant invokes VAWA, the landlord must:

• notify the PHA promptly (often within a few business days, but verify the specific administrative plan);
• offer a reasonable opportunity to cure the violation, which may align with the lease's notice period or state law rather than a fixed 14‑day rule);
• document the incident and any remedial steps, referencing HUD guidance on VAWA eviction protections.

Following the PHA's procedure preserves the voucher, prevents premature termination, and sets up the next steps for recovering after an eviction.

After a lawful eviction, a Section 8 landlord recovers losses by filing a claim with the PHA for unearned assistance and pursuing the former tenant for any personal‑share arrears. First, review the HAP contract; most agencies require a vacancy or unearned‑assistance report within 10‑30 days, so submit the lease, eviction notice, and a rent ledger promptly to avoid denial.

The claim covers only the housing assistance payment the PHA owed, not the tenant's share, which must be sought through a small‑claims action, security‑deposit offset, or collection agency. Keep copies of all communications, payment histories, and court filings, as PHA auditors may request evidence during the review. If the PHA rejects the claim, follow its appeal timeline - usually outlined in the contract - and provide any missing documentation. Successful reimbursement restores the HAP portion, while a separate lawsuit recoups the tenant's unpaid rent, completing the post‑eviction recovery process.