What Is Eviction
Eviction is a court-ordered legal process by which a landlord removes a tenant from a rental property. In Section 8 housing, eviction terminates the tenancy and ends the Housing Assistance Payment (HAP) contract between the landlord and the Public Housing Authority (PHA).
Section 8 Specific Implications
Under the Section 8 Housing Choice Voucher program, eviction carries distinct consequences for both landlords and tenants. When a tenant is evicted for cause, the PHA must be notified within a specified timeframe. For tenants, an eviction judgment creates a housing history barrier that affects future voucher eligibility and landlord acceptance. Most PHAs maintain eviction records that can restrict program participation for 3 to 7 years, depending on local policy and the cause of eviction.
Landlords must follow proper legal procedures in their jurisdiction before executing an eviction. Simply removing a tenant's belongings or changing locks violates HQS requirements and federal housing law. The PHA can terminate the HAP contract with a landlord who conducts illegal "self-help" evictions, making the property ineligible for the program.
Common Eviction Causes in Section 8
- Non-payment of rent: Tenant fails to pay tenant-paid portion (difference between fair market rent and HAP amount) for 5 or more days after due date
- Lease violations: Unauthorized occupants, criminal activity, property damage, or violation of house rules documented in the lease
- Program violations: Failure to report income changes, fraudulent application information, or unauthorized lease modifications
- Lease expiration: Landlord chooses not to renew; this is non-cause eviction and requires 30-day notice
Legal Process Requirements
Eviction must proceed through court. Landlords must provide written notice (typically 5 to 30 days depending on state law and cause), file with the court, and obtain a judgment from a judge before removing the tenant. The tenant has the right to appear in court and defend themselves. Only after a court orders eviction can a constable or sheriff physically remove the tenant.
PHA program documents require that eviction notices be provided to both the tenant and the PHA. Some PHAs require landlords to submit proof of court proceedings and final judgment before terminating HAP payments.
Impact on Voucher Eligibility
Tenants with eviction judgments may face denial of voucher eligibility or denial of approval to move to new units. A judgment for non-payment can sometimes be removed from records after 12 months if the debt is paid and the PHA chooses to restore eligibility. Judgments for criminal activity or lease violations carry longer records. Tenants should request a hearing before the PHA if they believe an eviction record is being misapplied to their case.
Common Questions
- Can a landlord evict a Section 8 tenant without court involvement? No. All evictions must go through the court system in the tenant's jurisdiction, regardless of Section 8 status. Self-help evictions are illegal and violation of HQS.
- Does an eviction automatically terminate a Section 8 voucher? The eviction terminates the HAP contract with that specific landlord. The tenant's voucher eligibility depends on the cause and the PHA's policies. A tenant can search for new housing with their voucher unless the PHA formally terminates their program participation.
- How long does an eviction stay on a tenant's record? Most PHAs report evictions for 3 to 7 years. Some causes (criminal activity) may result in permanent barriers. Tenants should contact their PHA to request record review or appeal.