Can a Section 8 Tenant Be Evicted? Rules and Notices
Yes, but only for reasons allowed by HUD's tenancy addendum and only through a court case. The landlord must give the tenant a notice of the grounds and send the PHA a copy. State and local eviction procedures still apply. State and local laws add their own rules; see the "Section 8 and eviction records" page for your state on this site.
What the law says
- During the lease, the owner may end the tenancy only for serious and repeated lease violations, violations of laws on use of the unit, certain criminal activity or alcohol abuse, or other good cause. HUD, HCV Program Guidebook: Housing Assistance Payments (HAP) Contracts
- The owner may end the tenancy if a household member, guest or other person under the tenant's control commits criminal activity threatening others' health, safety or peaceful enjoyment, or violent or drug-related criminal activity on or near the premises, whether or not there was an arrest or conviction. HUD, HCV Program Guidebook: Housing Assistance Payments (HAP) Contracts
- During the initial lease term, other good cause must be something the family did or failed to do, such as disturbing neighbors, destroying property, or habits that damage the unit. HUD, HCV Program Guidebook: Housing Assistance Payments (HAP) Contracts
- After the initial lease term, other good cause may also include refusing a new lease, the owner's personal or family use, or business or economic reasons such as sale, renovation, or wanting to raise the rent; these examples do not override contrary state or local law. HUD, HCV Program Guidebook: Housing Assistance Payments (HAP) Contracts
- The owner may evict the tenant only by court action. HUD, HCV Program Guidebook: Housing Assistance Payments (HAP) Contracts
- At or before starting the court action, the owner must give the tenant a notice stating the grounds for ending the tenancy and, at the same time, give the PHA a copy of any eviction notice. HUD, HCV Program Guidebook: Housing Assistance Payments (HAP) Contracts
- The PHA's failure to pay its share is not a lease violation, and the owner may not end the tenancy for nonpayment of the PHA's payment or for unpaid charges for meals, services or furniture. HUD, HCV Program Guidebook: Housing Assistance Payments (HAP) Contracts
- If the owner starts an eviction and the family stays in the unit, the PHA must keep paying the owner under the HAP contract until the owner gets a court judgment or other process allowing eviction. HUD, HCV Program Guidebook: Housing Assistance Payments (HAP) Contracts
- After a foreclosure, the new owner may not end the tenancy before sale; an owner who will live in the unit may end it on the transfer date with at least 90 days' notice to vacate, unless state or local law gives more time. HUD, HCV Program Guidebook: Housing Assistance Payments (HAP) Contracts
- Incidents of domestic violence, dating violence, sexual assault or stalking may not be treated as serious or repeated lease violations or good cause to evict the victim; the owner may remove only the abuser from the lease. HUD, HCV Program Guidebook: Housing Assistance Payments (HAP) Contracts
FAQ
Can a landlord evict a Section 8 tenant without going to court?
No. Under HUD's tenancy addendum the owner may evict only by court action.
Does the housing authority find out about an eviction?
Yes. The owner must give the PHA a copy of any eviction notice when it notifies the tenant.
Can I be evicted if the housing authority does not pay its share?
No. The PHA's failure to pay is not a lease violation, and the owner may not end the tenancy for it.
Can a landlord refuse to renew a Section 8 lease?
After the initial lease term, good cause can include business or economic reasons, including wanting to raise the rent, unless state or local law says otherwise.
Will an eviction affect my voucher?
It can. Families who move out in violation of the lease may be denied a move with assistance, and PHAs may have policies to deny or end assistance after an eviction from federally assisted housing.
What should I do if my landlord won't fix problems or is threatening eviction?
HUD advises documenting requests and contacting the landlord first, then the PHA, then the local HUD office; legal aid can also help.
Related
- Do I Need a Lawyer for an Eviction?
- The Fair Housing Act: Your Rights Against Housing Discrimination
- How to Apply for Section 8: Eligibility, Waitlists and Income Limits
- Section 8 Income Limits Explained (2026)
- Section 8 Inspection: What Inspectors Check (NSPIRE)
- Renting to Section 8 Tenants: Rules for Landlords
- Section 8 Payment Standards and Fair Market Rent Explained
- Moving With a Section 8 Voucher (Portability): How It Works
- Can You Lose Your Section 8 Voucher? Reasons and Hearings
- What Are Squatters' Rights?
- What Is a Security Deposit?
- Landlord-Tenant Law by state
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.