Renting to Section 8 Tenants: Rules for Landlords
Landlords who rent to voucher holders sign a Housing Assistance Payments (HAP) contract with the public housing agency and use a lease that includes HUD's tenancy addendum. The landlord still screens and selects tenants, but the unit must pass inspection, the rent must be reasonable, and evictions follow HUD rules. 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
- Tenant screening and selection are the owner's responsibility; the PHA must tell the owner this, and must give the owner the family's current and prior address and the name and address of current and prior landlords if known. HUD, HCV Program Guidebook: Housing Search and Leasing (June 2025)
- Owners may consider a family's history of paying rent and utilities, care of the unit, respect for neighbors' peaceful enjoyment, drug-related or other threatening criminal activity, and compliance with other essential tenancy conditions. HUD, HCV Program Guidebook: Housing Search and Leasing (June 2025)
- Before approving a tenancy, the PHA must ensure the unit is eligible, has been inspected and meets standards, the lease includes the tenancy addendum, and the rent is reasonable. HUD, HCV Program Guidebook: Housing Search and Leasing (June 2025)
- Rents in the HCV program must meet rent reasonableness standards, which PHAs determine by comparing rents for comparable unassisted units. HUD, Notice PIH 2024-34: Updated and Consolidated Policy Guidance on HCV Program Payment Standards (Sept. 30, 2024)
- The lease must be in the standard form the owner uses for unassisted tenants in the locality or premises, and must include the HUD-prescribed tenancy addendum. HUD, HCV Program Guidebook: Housing Search and Leasing (June 2025)
- A PHA must not approve an owner who is debarred or suspended, or against whom a federal fair housing action is pending or a violation has been found; PHAs may also adopt policies to disapprove owners for reasons such as fraud or a history of not complying with housing standards. HUD, HCV Program Guidebook: Housing Assistance Payments (HAP) Contracts
- A PHA must not sign a HAP contract when the owner is the family's parent, child, grandparent, grandchild, sister or brother, unless approving it is a reasonable accommodation for a family member with disabilities. HUD, HCV Program Guidebook: Housing Assistance Payments (HAP) Contracts
- The family pays only the part of rent not covered by the PHA's payment; the PHA's failure to pay is not a lease violation, and the owner may not end the tenancy for nonpayment of the PHA's share. HUD, HCV Program Guidebook: Housing Assistance Payments (HAP) Contracts
- The owner may not charge or accept any payment for rent beyond the rent to owner, and must immediately return any excess rent paid by the tenant. HUD, HCV Program Guidebook: Housing Assistance Payments (HAP) Contracts
- The owner must maintain the unit under the inspection standards and provide all utilities needed to meet them. HUD, HCV Program Guidebook: Housing Assistance Payments (HAP) Contracts
- Subject to state and local law, the owner may collect a security deposit, must give the tenant an itemized list of charges against it at move-out, and must promptly refund any unused balance. HUD, HCV Program Guidebook: Housing Assistance Payments (HAP) Contracts
- The owner may evict only by court action and must give the PHA a copy of any eviction notice at the same time it notifies the tenant. HUD, HCV Program Guidebook: Housing Assistance Payments (HAP) Contracts
FAQ
Do landlords have to accept Section 8 vouchers?
Federal HCV rules do not require it, but HUD notes that refusing vouchers can be illegal source-of-income discrimination depending on state and local protections.
How do I become a Section 8 landlord?
HUD's steps are to contact your local PHA, select tenants using your own criteria, and make sure the property meets required standards.
Who pays the security deposit?
The tenant. HUD says the deposit is not covered by the HCV program; owners may collect one but are not required to.
Can I charge a voucher tenant extra fees?
Not for items customarily included in rent locally or given free to unsubsidized tenants, and you may not require payment for meals, services or furniture as a condition of tenancy.
What if the PHA pays late?
The HAP contract allows late-payment penalties after the first two calendar months if they follow local practice and law and you charge them to all tenants.
Can I end the tenancy at the end of the lease?
After the initial term, good cause can include business or economic reasons such as selling the property, renovating, or wanting to raise the rent, subject to state and local law.
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
- Can a Section 8 Tenant Be Evicted? Rules and Notices
- Section 8 Income Limits Explained (2026)
- Section 8 Inspection: What Inspectors Check (NSPIRE)
- 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.