Tenant Eviction by Owner

Q: On what grounds can I terminate a lease and evict a Section 8 tenant?

A: An owner can terminate a lease with a Section 8 tenant for the following reasons:

  • Serious or repeated violation of the lease;
  • Violation of federal, state, or local law that imposed obligations on the tenant in connection with the occupancy or use of his/her unit and the building:
  • Criminal activity; or
  • Other good cause.

Q: What is criminal activity?

A: An owner may terminate and evict a tenant for any of the following types of criminal activity by the tenant, other members of the household, or a tenant’s guest.

  • Criminal activity that threatens the health or safety of other residents;
  • Any violet criminal activity on or near the property; or
  • Any drug-related criminal activity on or near the property.

An owner may also terminate and evict a tenant if any member of the household is:

  • Fleeing to avoid arrest or imprisonment for a felony or attempted felony; or
  • Violating probation or parole under state or federal law. [See HCVP Tenancy Addendum 8c(2)(a)(b) Termination of Tenancy by Owner.]

Q: What is other good cause?  

A: During the initial term of the lease, an owner can terminate and evict the tenant for good cause such as: a history of disturbing neighbors, destroying property, or damaging a unit or property.

After the initial term of the lease an owner can terminate and evict the tenant for good cause such as: the tenant refuses the offer of a new or revised lease or the owner desires to use the unit for personal or family use, or for business or economic reasons such as selling the property or renovating the unit.

Q: How do I evict a tenant?

A: An owner may only evict a tenant by a court action in accordance with state and local law. You should consult an attorney if you are not familiar with the process. You must first give the tenant a written notice specifying the grounds for lease termination. You can give this notice at the same time that you give the Eviction Notice. You must also provide the Housing Authority (your advisor) a copy of the written Eviction Notice and all other legal documents served on the tenant. You must also notify your advisor immediately of the Marshall’s Loci-out date or the date the tenant vacates.

Q: Does the Housing Authority help me with the actual eviction?

A: No. The Housing Authority does not assist owners with evictions.

Q: Will the Housing Authority continue my HAP payment through the eviction process?

A: Yes, as long as the Housing Authority has not already terminated the tenant and you are in compliance with the HAP Contract. The Housing Authority will continue HAP payments through the date of the Lock-out or the date the tenant moves, whichever comes first.