Section 8 Housing Eviction Process: A Step-by-Step Legal Guide for Landlords

Section 8 housing eviction can be one of the toughest challenges for any landlord. Lost rent, property damage, and endless paperwork are just the start. When a Section 8 tenant stops paying, violates the lease, or creates ongoing issues, the situation can quickly turn costly and stressful.

In this guide, we’ll walk you through the key differences between a standard eviction and a Section 8 housing eviction. You’ll learn the exact steps, rules, and best practices so you can handle the process confidently and protect your investment.

Understanding Section 8 and How It Works

Before we dive into the eviction process, it's essential to understand the foundation of the Section 8 program itself.

What Is Section 8 Housing?

Section 8, officially known as The Housing Choice Voucher Program, is a federal housing assistance program for very low-income individuals and families, as well as the elderly and people with disabilities. The program is managed by local Public Housing Authorities (PHAs) and funded by the U.S. Department of Housing and Urban Development (HUD). Tenants find their own housing, and the PHA pays a portion of the rent directly to the landlord on their behalf.

Who qualifies for Section 8?
To qualify, a family or individual must have a low income, be a U.S. citizen or hold eligible immigration status, and not own a home they can live in. Public Housing Authorities (PHAs) also review household size and conduct background checks. Applicants who meet these criteria and local income limits may receive a voucher to help pay part of their rent.

For landlords, accepting Section 8 means signing a legal agreement with both the tenant and the PHA, as well as following specific Section 8 housing eviction rules if issues arise.

Landlord Obligations

When you rent your home to a Section 8 tenant, you sign a Housing Assistance Payments (HAP) contract with the PHA in addition to a lease with the renter. This implies that you owe both parties:

• Tenant Selection: You can screen and select tenants as you would in the private market, following all fair housing laws. The PHA’s role is only to determine whether the applicant is eligible for Section 8, not to choose your tenant.
• Maintain Housing Quality Standards (HQS): HQS stands for Housing Quality Standards, which are federal guidelines set by HUD to ensure that units are safe, sanitary, and in good repair. These standards cover things such as: structural integrity (roof, walls, floors), adequate heating, plumbing, and electricity, working smoke detectors,.... 
• Pass PHA Inspections: The PHA will conduct initial inspections before the lease starts, as well as annual or special inspections to ensure ongoing compliance with HQS.
• Rent Collection and Adjustments: You collect the tenant’s portion of the rent directly from them each month. The PHA pays its portion to you separately. If you wish to adjust the rent, you must: Submit a request to the PHA in writing
  and wait for approval before charging the new amount
• Maintenance and Repairs: You are responsible for prompt repairs and preventive maintenance to keep the unit in HQS-compliant condition. Failure to do so can result in withheld payments from the PHA.
• Reporting Changes to the PHA: You must notify the PHA promptly about: Lease changes, non-payment, or serious lease violations, any vacancy or intent to end participation in the program.
• Handling Security Deposits: You may collect a security deposit, as permitted by local law. This deposit must be handled by state regulations, and any deductions at move-out must be itemized in writing.

How the Housing Choice Voucher Program Operates

For landlords, understanding the Housing Choice Voucher (HCV) program means seeing the bigger picture before focusing on the payments. This program is funded and managed through a coordinated process involving federal, local, and individual responsibilities:

• HUD funding – The U.S. Department of Housing and Urban Development (HUD) provides funds to local Public Housing Agencies (PHAs).
• Voucher issuance – The PHA screens applicants, determines eligibility, and issues housing vouchers.
• Unit selection – Tenants find a rental that meets Housing Quality Standards (HQS).
• Agreements signed – The PHA and landlord sign a Housing Assistance Payments (HAP) contract, and the landlord signs a lease with the tenant.

With these steps completed, the payment process begins - and this is where landlords need to clearly understand how the rent is split and collected: 

• The PHA's Payment: The PHA calculates the amount of rental assistance a tenant receives based on their income and family size. This portion is paid directly to you, the landlord, by the PHA.
• The Tenant's Payment: The tenant is responsible for paying the difference between the PHA's payment and the total rent amount. This is their portion of the rent, and they are obligated to pay it on time, just like any other tenant.

It’s essential to remember that the PHA never covers the full rent unless the tenant’s calculated portion is zero. If a Section 8 tenant is not paying rent, you have valid grounds to begin the eviction process. The HAP contract with the PHA does not remove or reduce the tenant’s financial responsibility to you under the lease.

Key Rights of Section 8 Tenants

Section 8 tenants enjoy the same protections as any renter under federal, state, and local housing laws. In addition, the Housing Choice Voucher Program provides them with enhanced, program-specific rights to ensure safety, fairness, and stability:

• Right to safe and habitable housing: Tenants must live in units meeting HUD’s Housing Quality Standards (HQS), including basic safety, sanitation, structure, and freedom from environmental hazards like lead-based paint.
• Protection from discrimination based on voucher use: It’s illegal in many jurisdictions to refuse to rent to someone solely because they hold a Section 8 voucher.
• Equal access under landlord–tenant laws: Section 8 tenants have the same rights to notice, due process, privacy, and fair treatment as any other tenant.
• Timely repairs and maintenance: Tenants can request repairs and expect the landlord to respond promptly. If not, they can raise complaints with authorities like HUD or the PHA.
• Right to organized participation: In HUD-assisted housing, tenants may have the right to form resident councils, post materials in common areas, and participate in decisions affecting their home environment.
• Protection against wrongful eviction: Landlords must have “good cause” to evict a tenant (like lease violations or non-payment) and follow proper legal procedures, not simply terminate the lease without justification.
• Right to written notice and fair process: Any non-emergency entry (e.g., inspections) requires reasonable written notice. Evictions require proper legal notice and a chance for the tenant to respond in court.
• Right to request rent recalculation: If household income decreases, tenants may request that the rent calculation be adjusted by the PHA. 
• Right to access records and appeal decisions: Tenants can review their tenant file and appeal decisions made by local HUD offices. 

Legal Grounds for Evicting a Section 8 Tenant

Under Section 8, landlords cannot evict a tenant without valid, legally recognized “good cause” as defined by federal law, HUD regulations, and applicable state or local laws. These are not just house rules - they are binding legal requirements. Landlords must follow proper legal procedures (due process) and maintain thorough documentation before initiating eviction. 

In most cases, the Public Housing Agency (PHA) must be notified and involved in the process to ensure tenant protections are upheld. Here are the most common legal grounds for a Section 8 housing eviction:

• Rent nonpayment refers to the failure to pay the landlord their portion of the rent.  Keep in mind that tenants are still accountable for their share; the PHA only covers a portion.
• Significant lease violations include major infractions, including causing damage to the property, letting unauthorised people into the property, or other grave noncompliance with the terms of the lease.
• Fraud: Giving the Public Housing Agency (PHA) inaccurate information about one's household, income, or other qualifying characteristics.
• Minor offences that occur frequently enough to form a pattern are referred to as repeated minor violations.
• Illicit drug use, production, or other criminal conduct on or near the land is considered drug misuse or criminal activity.
• Material noncompliance with legal requirements: Not adhering to the health and safety regulations outlined in your state's Landlord and Tenant Act.
• Personal Occupancy: The landlord needs to take back the unit for their residence.
• Major Renovations: The property requires substantial rehabilitation or significant improvements that cannot be completed while it is occupied.
• Property Sale: The landlord is selling the property and ending the lease as part of the sale process.

However, before moving forward with eviction, landlords must:

• Follow due process: provide proper written notice, allow the tenant an opportunity to respond, and comply with all legal timelines.
• Document all violations with evidence such as photos, inspection reports, or written records.
• Engage the PHA to review the case and ensure compliance with HUD guidelines.
• Respect tenant protections established under federal, state, and local laws.

By meeting these requirements, landlords ensure that the eviction process is both lawful and fair, protecting the rights of all parties involved while complying with HUD and legal standards.

Key Differences Between Section 8 Eviction and Standard Eviction

A Section 8 eviction is a fault-based process — the landlord must prove the tenant committed a substantial lease or program violation before ending the tenancy. In contrast, a standard eviction in many cases refers to a Section 21 notice (often called a “no-fault eviction”), where the landlord can end the tenancy after the fixed term without proving the tenant did anything wrong, as long as proper notice is given.

The Section 8 Eviction Process for Landlords

This is our suggested, step-by-step strategy to evicting a Section 8 tenant, which will make sure you follow all rules.

1. Identify Legal Grounds for Eviction

The first step is to confirm you have a valid reason for the eviction, as outlined in the previous section. Document everything meticulously, from late rent payments to lease violations.

2. Serve Written Notice to Tenant

You must provide the tenant with a written Section 8 housing eviction letter that meets legal and HUD requirements. A proper notice generally includes:

• Tenant and property details (names, address, and unit number).
• Reason for eviction and reference to the specific lease clauses or HUD obligations that were violated.
• Required actions or deadlines the tenant must meet to avoid eviction.
• Notice period based on state law, HUD rules, and the type of violation.

Make sure you understand the various types of eviction notices and how they apply to your case, as each comes with its own legal requirements and timelines. For example, if a tenant repeatedly fails to pay rent on time, you might issue a “Pay or Quit” notice, which gives them a specific number of days to settle the overdue amount before further legal action. 

Up next, you’ll find a sample Section 8 eviction letter format you can use as a starting point when drafting your own notice.

3. Notify the Public Housing Authority (PHA)

This is a critical step that differentiates Section 8 evictions. You must send a copy of the eviction notice to the PHA that administers the tenant's voucher. The HAP contract with the PHA will outline the specific notification requirements, including the timing and method of delivery.

4. Wait for Tenant/PHA Response

The PHA may contact you or the tenant to mediate the issue. The tenant may also have the right to request an informal hearing with the PHA to dispute the eviction. In some cases, the PHA might work with the tenant to resolve the issue, such as providing a one-time payment for late rent.

5. File for Eviction in Court

If the issue is not resolved and the tenant does not vacate by the date specified in the notice, you can proceed with filing an eviction lawsuit in court. The process here is similar to a standard eviction, but you will need to provide the court with copies of all notices sent to both the tenant and the PHA.  

6. Attend the Eviction Hearing

Both you and the tenant will have the opportunity to present your case to a judge. Having thorough documentation is key here. If the judge rules in your favor, they will issue a judgment for possession.

7. Obtain and Execute Writ of Possession

After receiving a judgment, you will obtain a "Writ of Possession" or similar court order, which authorizes a law enforcement officer (like a sheriff or constable) to remove the tenant from the property.

How to Write a Legally Compliant Section 8 Eviction Notice

A legally sound Section 8 housing eviction letter is the foundation of a successful eviction.

Mandatory Elements in the Notice

Your notice must contain:

• The tenant's name and the rental property address.
• The specific reason for the eviction (non-payment, lease violation, etc.).
• The specific clause in the lease that was violated.
• The date by which the tenant must comply or vacate.
• A statement that the landlord intends to file a legal eviction case if the tenant does not comply.
• A statement that a copy of the notice has been sent to the PHA.

For a formal structure, a good Section 8 housing eviction form will include these key components to ensure compliance.

Special Section 8 Housing Eviction Rules in Certain States

State and local laws can add a layer of complexity. Here are a few notable examples:

• California: A key rule to remember for Section 8 housing eviction in California is that landlords cannot refuse to rent to a Section 8 tenant solely because they hold a housing voucher. In addition, California law requires good cause eviction for most tenancies — including Section 8. This means the landlord must have a legally valid reason, such as nonpayment of rent, serious lease violations, or other “good cause” recognized under state law, to end the tenancy. The notice must clearly state the reason, reference the violated lease clauses or legal provisions, and comply with state and HUD requirements for notice periods and procedural steps.
• New York: Like California, New York has strong tenant protections, with certain areas requiring "good cause" for eviction. Landlords must provide a very specific and detailed notice of termination.

In states without specific rules that only apply to Section 8 tenancies, evicting a tenant from Section 8 housing follows a similar process to standard evictions, but landlords must still meet all federal HUD requirements and provide proper notice.

• Texas: Under Texas law, landlords must serve a 3-day notice to vacate before filing an eviction lawsuit (for example, for non-payment or lease violations). This is true regardless of whether the tenant is a Section 8 voucher holder. It's a critical step that cannot be skipped.
• Florida: Florida has specific notice requirements, such as a 7-day notice for certain non-compliance issues. The process must be initiated within 45 days of the violation.
• Illinois: Landlords must provide a 5-day written notice for non-payment of rent and a 10-day notice for other lease violations.

Note: These are general overviews and can change. Always consult with a legal professional or use a reliable tool like LeaseRunner to ensure you're current on state and local regulations.

Sample Section 8 Eviction Notice Template

While you should always use a template that is compliant with your specific state and local laws, a sample Section 8 notice grounds letter for non-payment of rent might look something like this:

How Long Does the Eviction Process Take?

The duration of the eviction process section 8 depends on several factors.

Factors That Affect the Duration

• State and local laws: Each jurisdiction has its own timelines for notice periods and court schedules.
• Court availability: The backlog of cases in local courts can significantly impact how long the process takes.
• Tenant response: If a tenant contests the eviction, it can prolong the process.
• PHA involvement: The PHA may require a period for mediation before you can proceed to court.

Typical Timelines by State

In many states, the full eviction process section 8, from the initial notice to a final Writ of Possession, can take anywhere from a few weeks to several months.

Delays Landlords Should Anticipate

It's important to be prepared for potential delays:

• A tenant may apply for a hardship stay of 30–60 days, which delays the sheriff’s removal.
• Severe weather or public emergencies (e.g., hurricanes, COVID-19 moratoriums) can push court dates months out.
• Missing or incomplete paperwork can require refiling, adding extra weeks.

Conclusion

The answer to "can you remove a section 8 tenant?" is yes, as long as you have good cause and follow the proper legal procedures. Understanding the Section 8 housing eviction rules is crucial for any landlord. By following a structured, legally compliant process and maintaining clear communication with both your tenant and the PHA, you can protect your property and ensure a fair resolution.

At LeaseRunner, we are committed to helping landlords navigate these processes with ease. For more information and tools to streamline your property management, explore our full suite of landlord resources.

FAQs

Can Section 8 Tenants Be Evicted?

Yes, they can. However, a landlord must have "good cause" and follow a specific eviction process that includes notifying the Public Housing Authority (PHA).

Do You Lose Your Section 8 Payment if the Tenant Is Evicted?

If a tenant is evicted, the PHA will terminate its housing assistance payments for that tenancy. The landlord is not penalized but will stop receiving the subsidy once the tenancy is legally ended.  

Can You Remove a Section 8 Tenant Without Cause?

No. You cannot remove a Section 8 tenant without a legal reason. Acceptable “no-fault” reasons, such as ending the lease term or selling the property, still require proper notice and PHA approval.

What Is the New Law for Section 8 in California?

A notable new law in Section 8 housing eviction California is the Tenant Protection Act of 2019 (AB 1482), which applies "just cause" eviction protections to many tenancies, including Section 8. Additionally, California law now prohibits landlords from discriminating against potential tenants based on their use of a Section 8 voucher, treating it as a protected "source of income."