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1. I have never had to evict a Section 8 tenant before. What steps do I need to take?

We strongly suggest you seek legal counsel before issuing a 3-day or thirty-day Notice, thus starting the eviction process. Send a copy of any Notice to the Housing Authority. The copy of the Notice for the Housing Authority must include the lease violations (also known as "cause") that prompted the Notice.

You should cite the section of the lease that has been violated and give dates and specific examples of the violation(s). If the tenant complies, no further action is needed. If the tenant does not comply, follow up by taking appropriate legal steps. We strongly suggest you seek legal counsel for these steps. A copy of each legal document should be given to the Housing Authority.  This includes Summons and Complaint, Unlawful Detainer judgment and/or Right of Possession.

Please keep in mind that an eviction goes on your tenant's credit report and may impact their ability to rent future dwellings. We urge you to use care in implementing this step. It should only be used for serious and repeated violations of the lease. If you simply wish to no longer rent to the tenant, or have a reason to stop participating in the Housing Choice Voucher Program, a Ninety-Day Notice should be utilized.

2. What grounds can I use for evicting my Section 8 tenant?

Any serious or repeated violation of the lease is grounds for eviction. This is the same as on an open market lease or rental agreement.

3. I was intending to evict my Section 8 tenant but before I could do so the tenant moved out. No written notice of intent to vacate was served by the tenant. When will the HA cancel the contract?

The effective date of the cancellation of the contract will be the end of the month in which the tenant moved out.

4. What if my Section 8 tenant vacated the unit before the eviction process is completed?

The tenant and owner may mutually agree to break the lease on a specific date to expedite the move out and to save the owner on eviction costs. A copy of the mutual agreement must be sent to our office.

5. Must I always evict to get a Section 8 tenant to move out?

After the first term of the assisted lease or rental agreement, you may serve a 90-Day Notice to vacate to your tenant at any time. You do not have to state cause. However, if the tenant does not move out, you will have to go through legal eviction.

Most tenants will move on the 90-day notice. Remember to send us a copy of the 90-day notice you serve on your tenant. We strongly suggest you seek legal counsel for these steps.

6. How does my evicting a Section 8 tenant help me?

Evicting a Section 8 tenant can help you in several ways. Families get the message when owners display no tolerance for serious or repeated violations of the lease. They want to keep their Section 8 assistance and not place it in jeopardy.

When tenants learn by your actions that you do enforce your leases, and are not reticent to go through eviction if needed, they have a greater incentive to abide by the terms of the lease.