How to Evict a Section 8 Tenant

You’ve done your research, weighed the pros and cons, and decided to rent to Section 8 tenants.

But after months of partially unpaid rent and property damage, you’ve had enough—you’re ready to start evicting Section 8 tenants who are causing problems.

Where do you start? What laws do you have to comply with? We’re breaking down the process for evicting Section 8 tenants, legal justifications for tenant evictions, and how to find better tenants in the future. 

What is Section 8?

Also known as the Housing Choice Voucher (HCV) program, Section 8 is a federal program that helps very low-income families, the elderly, and disabled people afford safe and sanitary housing.

The U.S. Department of Housing and Urban Development (HUD) funds local public housing agencies (PHAs) that administer the vouchers.

Section 8 participants can choose to live in single-family homes, townhomes, or apartments that comply with the strict requirements set by the program.

How Does Section 8 Work?

According to HUD, public housing authorities pay a housing subsidy to the landlord directly on behalf of the Section 8 tenant or family. The tenant(s) is responsible for the remaining rent balance—the difference between what you charge and the amount PHAs subsidize.

Who’s Eligible for Section 8?

To meet the requirements of Section 8, an individual tenant or family income must not exceed 50% of the median income of the county or metropolitan area where they live.  

But a PHA is also required by law to give 75% of its vouchers to Section 8 applicants whose incomes are 30% or less of the median income in their area. 

And because the demand for housing assistance is so high, a PHA may shut down its waiting list if there aren’t enough resources to help individuals or families anytime soon. Long wait periods aren’t uncommon.

What are a Landlord’s Responsibilities Under Section 8?

Both the HUD and PHA require Section 8 landlords to meet specific criteria, including:

• Providing a safe, sanitary, and decent dwelling at a reasonable rate
• Passing the HCV program’s housing quality standards
• Maintaining the property and the established quality standards
• Providing the agreed-upon services outlined in the lease you signed with the tenant and the contract you signed with the PHA

What Rights Do Section 8 Tenants Have?

On top of federal, state, and local laws (and the Fair Housing Act) that protect renters, Section 8 tenants are protected from retaliation for asserting their rights.

As a property manager, you’re required to share information about those rights with your Section 8 tenants. They include:

The right to organize. Section 8 tenants can organize (without retaliation) for many reasons, like better living conditions or treatment from the landlord and greater control over their housing.

The right to report any violation. Section 8 renters can file complaints with HUD about property managers or landlords who harass them or violate regulations. But it doesn’t stop there—Section 8 residents can also notify the media or other tenants about landlords who violate their Section 8 rights.

The right to liveable housing conditions. Section 8 helps low-income individuals or families get affordable housing—but just because they pay less doesn’t mean you can provide poor living conditions. They have a right to safe and clean housing (including regular maintenance and repairs)

The right to privacy. You’re required to protect a Section 8 tenant’s confidentiality by keeping all information private.

The right to know about your intent to withdraw. Section 8 renters are entitled to at least a one-year written notice of your intent to leave the HCV program.

The right to written notices. Per HUD guidelines, you must give written notice to Section 8 residents of any inspection or entry into their unit. While the notice period varies based on housing authority, 48 hours is common. 

The right to a notice of rent increase. Section 8 tenants have the right to know about any rent increases or if you intend to shift owner-paid utilities (like water) to tenant-paid. But keep in mind that HUD has to approve all rent increases.

Legal Reasons for Evicting Section 8 Tenants

Evicting Section 8 tenants isn’t as simple as writing a quick eviction notice. The U.S. Department of Housing and Urban Development has strict rules about evicting Section 8 tenants, requiring you to meet its acceptable circumstances for ending the tenancy.

There must be “material noncompliance,” which includes:

• Non-payment of rent
• Serious lease violations
• Criminal activity, like drug abuse
• Fraud
• Repeat minor violations
• Failure to meet obligations under the state’s landlord-tenant laws
• Other just cause outlined by state or local laws

Let’s take a deeper look at the legal reasons for eviction.

Not Paying Rent

While PHAs pay landlords a portion of the rent directly, Section 8 tenants are responsible for the remaining rent. If they repeatedly don’t pay their portion of the rent, you have cause to evict. 

Keep in mind that if they pay rent late but within the established grace period, that’s considered only a minor violation.

Lease Violations

Whether a tenant violates the lease repeatedly with minor infractions or acts in ways that seriously violate the lease, you have the right to evict them.

Violations could include things like not paying utilities, property damage, or anything that disrupts the health or safety of another tenant. More severe violations might involve criminal activity or unauthorized occupants staying for extended periods.

Criminal Activity

Criminal activity and drug abuse give you just cause for evicting Section 8 tenants. While “criminal activity” is broad, it generally covers:

• Illegal drug use
• Alcohol abuse that threatens the health, safety, or enjoyment of others
• Any criminal activity that threatens the health, safety, or enjoyment of others
• Attempting to commit a felony
• Violating conditions of probation or parole
• Fleeing to avoid the prosecution, confinement, or conviction for a crime

Fraud

If a Section 8 tenant knowingly submits inaccurate information—like their income—to you or the PHA, you have the right to evict them.

But the key word here is knowingly. If they submit incomplete or inaccurate information unintentionally, or it was an oversight, you do not have grounds for evicting Section 8 tenants.

Not Following State and Local Landlord-Tenant Laws

Noncompliance with state and local landlord-tenant laws is also a viable cause for eviction. These laws, which protect landlords and tenants, establish regulations, like occupancy limits. 

If your tenant has more occupants than allowed or they damage property to the point that it violates building codes, you have every right to evict a Section 8 renter.

How to Evict a Section 8 Tenant

Ready to evict? Make sure the cause for eviction aligns with those outlined in state and local laws, HUD-required lease clauses, and other lease provisions in the rental agreement.

Once you’ve established that you do have legal cause to evict a Section 8 tenant, you can start the eviction process. 

1. Send an Eviction Notice

The first step (after verifying a justifiable cause for eviction) in evicting Section 8 tenants is to send the resident a formal eviction notice notifying them that you plan to terminate their lease.

Double-check state and local laws to ensure compliance—they’re typically stricter than HUD’s requirements for eviction. After you confirm your eviction notice is good to go, drop it at the resident’s unit and mail a copy. 

2. Talk with the Tenant

As stated in your eviction notice (and in compliance with HUD rules), the tenant has 10 days to address the termination with you. If you do talk with the renter, make sure there’s a designated representative not involved in the case. 

After you talk with the tenant, you’re required to give the tenant a final written decision on the eviction based on your conversation with them and the facts presented.

While serious violations like illegal drug use will get a tenant kicked out of the voucher program and removed from your property, more minor offenses can be remedied. If a Section 8 tenant simply needs to pay their rent—and is willing to do so—you can stop the eviction process. 

3. Let the PHA Know of Your Intent to Evict

Evicting Section 8 tenants requires you to notify the local PHA of your intent to evict. While different PHAs or states have different processes, you can generally reach out to the PHA employee who you worked with initially to set up the contract.

4. File for Eviction

After you’ve sent an eviction notice, talked with the tenant (or tried to), and sent the intent to evict notice to the PHA, you can formally file for eviction in court. Depending on your state, you might file with any of the following courts:

• District
• Circuit
• Justice of the peace
• Small claims

If a tenant refuses to leave the property, a court order is the only way to legally remove them. File for eviction so you have the necessary court order should that become an issue later.

Once you file, the court will send the Section 8 tenant a summons to appear in court for the eviction hearing. You’ll have to pay fees to file the eviction claim and have this summons delivered to the renter.

5. Go to the Court Hearing

During the hearing, you’ll present your case for eviction and supporting evidence. If the tenant shows up to court, they’ll present a defense against the eviction. The judge will then make a decision.

If the judge rules in your favor, an authorized party will give you back possession of the unit and remove the tenant from the property.

How to Write a Section 8 Eviction Notice

As you start evicting Section 8 tenants and move through the process, you’ll need an eviction notice that meets HUD and PHA guidelines. Section 8 eviction notices must be in writing and include:

• The current date
• The rental property and leasing office address
• A detailed report of why you’re evicting the tenant
• The tenant’s full name
• The date their tenancy at your property will end
• The amount of rent due
• A warning that if they overstay the eviction (typically 90 days), you may involve law enforcement and begin the court process, where they can present their defense
• A statement letting them know they have 10 calendar days to discuss the termination with you
• A reminder of their right to request reasonable accommodations in court if they have disabilities

Per HUD, you’ll need to send the eviction notice by first-class mail and include a return address. You must also hand-deliver it to the unit (to an adult), or attach it to or leave it under the door for the tenant.

Sample Section 8 Eviction Notice (and Templates)

Need some help getting started? Templates are a good place to start, but make sure you’re including everything required specifically for Section 8 evictions. There are many resources to help you build out your eviction notice, but here’s a sample, too.

EVICTION NOTICE

[Landlord’s name/property management company/] 

[Street address] 

[City, state, zip] 

[Phone number, email address] 

[Date] 

[Tenant’s name(s)] 

[Tenant street address] 

[Tenant unit number] 

[City, state, zip] 

 

Dear [Tenant Full Name(s)], 

A formal written warning was previously issued regarding [reason for issuing eviction notice]. Your rental agreement signed on [lease date] clearly states in [section of lease containing the violated policy and precisely what was violated]. 

Due to the failure on your part to abide by the rental agreement and [cure or remedy] the aforementioned infraction, [Landlord’s name/property management company] has no choice but to submit this notice of eviction as of [date served]. 

You have [amount of time] to [state actions to be taken to avoid eviction if you will still allow it]. You have [set amount of days, at least the minimum required by law] to surrender possession of the premises located at [Property address] to [landlord’s name/property management company], or to the landlord’s authorized agent or attorney. 

Failure to comply will result in legal action, up to and including physical removal of all tenants from the property. 

If you have any questions surrounding this issue, please contact the rental office and ask for [landlord’s name/landlord’s representative]. 

Sincerely, 

[Landlord’s name] 

How Long Does the Eviction Process Take for Section 8 Tenants?

While evicting section 8 tenants follows a similar process as evicting standard renters, there are a few key differences that can draw the process out:

• You have to notify the PHA of your intention to evict the Section 8 resident
• You have to give the renter 10 days to discuss the potential eviction with you
• While laws vary across states, most landlords give tenants a 60-90-day notice

And, on top of that, you may need to give a Section 8 tenant 14 days to pay their owed rent (if that’s why you’re evicting and they agree to pay). Expect the entire process to take anywhere between a few weeks and a few months.

Evictions of any kind can be long, drawn out, and costly. But you can speed up the eviction process by doing everything to avoid them in the first place, adhering precisely to eviction notice guidelines, and coming up with creative solutions.