Question:
What are the procedures and criteria for evicting a tenant whose rent is subsidized by the Section 8 housing voucher program?
Answer:
Good cause required
A residential landlord is required to provide good cause for terminating the tenancy of a tenant whose rent is subsidized by the Department of Housing and Urban Development’s (HUD) Section 8 housing voucher program. The good cause is to be set forth as the reason for the termination of tenancy, either in a notice to vacate or a notice to quit.
Good cause for termination includes:
- the tenant’s violations of the terms and conditions of the lease (i.e. failure to pay rent);
- the tenant’s violations of federal, state or local law in connection with the occupancy or use of the premises;
- criminal activity; and
- other good cause. [24 Code of Fed. Regs. §982.310(a)]
Criminal activity
Criminal activity may also be grounds for termination, including:
- criminal drug activity on or near the premises by the tenant, household member, guest of the tenant or any person under the tenant’s control;
- patterns of illegal drug use that interfere with the health, safety or right to peaceful enjoyment of the premises by other residents;
- any other criminal activity that threatens the health, safety or right to peaceful enjoyment of the residence by other occupants of the premises (including property management staff) or residents in the immediate vicinity;
- the tenant’s avoidance of prosecution, custody or confinement for a crime, after a conviction or an attempt to commit a crime, which is considered a felony under local laws from which the tenant is fleeing; and
- the tenant’s violation of the conditions of probation or parole imposed by federal or state law. [24 CFR §982.310(c)]
However, a landlord may only terminate a tenancy due to criminal activity if the lease provides that the criminal activity in question is grounds for termination. [24 CFR §982.310(c)]
first tuesday’s rental and lease agreement forms require the tenant to agree not to use the premises for unlawful purposes, violate any government ordinance or create a nuisance. [See first tuesday Forms 551 §6.7 and 550 §6.7]
“Other good cause”
State and local ordinance ultimately control what is considered “other good cause.” However, during the initial lease term (established by Section 8 as at least one year, unless shortened for good reason by the local public housing agency (PHA)) “other good cause” may only be based on the tenant’s behavior, such as:
- disturbing the neighbors; or
- destruction or damage of the premises. [24 CFR §982.310(d)(2)]
After the initial lease term ends, “other good cause” includes:
- the tenant’s failure to accept the offer of a new lease or revision;
- the owner’s intent to use the residence for personal or family use; and
- business or economic reasons, such as sale of the property, renovations or the landlord’s desire to lease the unit at a higher rental rate. [24 CFR §982.310(d)]
Written notice
Prior to termination for any reason, the landlord is required to first provide the tenant with a written notice of good cause informing the tenant their specific conduct constitutes a basis for termination of tenancy. This notice may be served with the notice to vacate. [24 CFR §982.310(e)]
The landlord is required to also provide the local PHA with a copy of the notice to vacate. [24 CFR §982.310(e)(2)(ii)]
If the violation prompting the notice involves a failure to pay amounts due under a lease, the three-day notice to pay or quit is used. [See first tuesday Form 575]
If the violation prompting the notice involves a correctable nonmonetary breach of a lease agreement, the three-day notice to perform or quit is used. [See first tuesday Form 576]
If the violation prompting the notice involves an uncorrectable nonmonetary breach of a lease agreement, the three-day notice to quit is used. [See first tuesday Form 577]
If the tenancy shifts to a month-to-month tenancy after the initial lease period, and the tenant has occupied the property for more than one year, a 60-day notice to vacate is used. Alternatively, if the tenancy shifts to a month-to-month tenancy after the initial lease period, and the tenant has occupied the property for less than one year, a 30-day notice to vacate is used. [See first tuesday Forms 569-1 and 569]
Through December 31, 2019, if the reason for the termination of tenancy is a sale of the property due to foreclosure, the procedure depends on the new owner-by-foreclosure’s use of the property. A new owner who intends to occupy the property within the first year after foreclosure is required to give the Section 8 tenant under an unexpired lease agreement a 90-day notice to vacate due to foreclosure. [Code of Civil Procedure §1161c; see first tuesday Form 573]
A new owner-by-foreclosure who does not intend to occupy the property is required to honor the pre-existing tenancy, including the acceptance of Section 8 vouchers. However, the new owner may terminate the tenancy if good cause arises, by using the rules and notices detailed above. [42 United States Code §1437f(o)(7)(F)]
Editor’s note — If a landlord fails to renew or terminates their housing assistance payment (HAP) agreement with the local PHA, the landlord is required to provide the Section 8 tenant with a 90-day notice to vacate. [Calif. Civil Code §1954.535; Wasatch Property Management v. Degrate (2005) 35 Cal.4th 1111]
Related article: Volume 4 of first tuesday Realtipedia, Real Estate Property Management (Chapter 26: Three-day notice to quit and Chapter 29: Notices to vacate)
I sent my father to the va we live in.a section 8 unit im trying to leave whats the process ?
Im a landlord with a section8 tenant. My children have moved back home.I would like to have them live in my section 8 rental.
With the 90 day notice must i list a reason for terminating my month to month contract with my tenants
Maribel,
Thank you for your inquiry! When evicting a Section 8 tenant, the landlord needs to provide “good cause” and state the reason for the eviction. Further, when the reason for eviction is the landlord’s intent to use the residence for personal or family use, the tenant can only be evicted after their initial lease term has expired.
Regards,
ft Editorial Staff
my landlord is evicting me, because i requested a supplementary inspection from sec 8, after giving written requests for repairs after a year, they were not done, upon the secondary inspection, all repairs were cited as owner deficiencies, two days later i received a 90 day notice informing me that he would no longer be accepting sec 8, HELP ME, i feel victimized
Debora,
Thank you for your inquiry! However, we are not able to provide legal advice for your personal situation. Please consult an attorney or other legal advisor for help determining your next step.
Regards,
ft Editorial
I am Head of Household and I have a Section 8 Voucher. I put my cousin on the voucher, not on the lease. She’s been living at my apt. for 8 months. I would like her to leave. How do I do that?
Gisela B.
Gisela,
Thank you for your inquiry! However, we are not able to provide legal advice for your personal situation. Please consult an attorney or other legal advisor for help determining your next step.
Regards,
ft Editorial
Look’s like ya’ll will give legal advice to people who are looking to evict the tenants, but when a tenant asks a question you’re all “oh we can’t give legal advice in your personal situation.” Corporate hypocrites.
Marty….I’m a real estate professional. I do all I can legally do to protect and inform Section-8 tenants.
AND, you have a good point here. Here are two things that may help you. The first one, you already know:
1) Please understand that America, in addition to being a racist country, also is one where the privileged have great fear of the poor. They think it’s a disease they may catch. Very few people get it, that they are where they are because others are where they are. I have a plate of beans because somebody else grew them. The rich have a nice house because too many times–though not always–they oppressed disadvantaged people to get (some say “steal”) what they have. The rich tend to have inordinate influence on legislation and money makes the laws, thus….the laws give “legal advice” to the rich merely by the way the laws are written. Legal advice to the disadvantaged is hard to come by…..almost by design.
2) Check with these sources adept at helping answer the questions you and many others ask:
SAN FRANCISCO TENANTS UNION
https://www.sftu.org/
HUD, UNFORTUNATELY RUN BY BEN CARSON:
https://www.hud.gov/states/california/renting/tenantrights
ON LINE TENANTS HELP CLINIC:
https://caltenantlaw.com/
OAKLAND TENANTS UNION:
http://www.oaklandtenantsunion.org/
CALIFORNIA TENANTS RIGHTS:
http://www.tenantstogether.org/
CALIFORNIA TENANTS RIGHTS LEGAL BOOK FROM THE EXCELLENT NOLO PRESS IN BERKELEY
https://store.nolo.com/products/california-tenants-rights-cten.html
LOS ANGELES TENANT’S UNION, UNFORTUNATELY HOSTED AT FACEBOOK
https://www.facebook.com/latenantsunion/
CALIFORNIA STATE HANDBOOK ON LANDLORDS AND TENANTS IN PDF FORMAT
http://www.dca.ca.gov/publications/landlordbook/catenant.pdf
ALSO YOU CAN ASK THE LOCAL DISTRICT ATTORNEY IN WHATEVER COUNTY YOU ARE IN.
I believe greedy is a greatly overused word. If the unit is currently $400 below market, the owner is in effect subsidizing you $400 per month. How is he greedy for choosing to use that $400 on something he chooses, whether supporting his family, improving the property, or buying another property.
If the owner who has subsidized you for many years should get injured and unable to work at his regular job is faced with a financial hardship, would you be willing to pay more than market for a while until he gets on his feet? Are you greedy for refusing?
Remember taxes go up every single year. Most years utilities, and the cost of maintenance go up. What if the owner is in danger of losing his property due to these higher costs?
If you have more wealth than one of your neighbors, are you being greedy for not sharing at least some portion of your greater wealth? If you own a car and your neighbor doesn’t, should you allow him to use your car at least part of the time? Are you greedy if you refuse?
Either we have private ownership of property in this country or we don’t. When you call everyone more wealthy than you greedy, how long will it be before you are called greedy by those less wealthy?
This was in response to the posting by William Hernandez 4/16/16
My rent Was abated andcall I had to pay was my part of the rent. I get these papers stating what needs to be fixed and if they dont get fixed i will be terminated from the program. Then a couple weeks after that I get this paper for a state hearing to plead my case all I had to do was fill it out and send it back. I forgot about the paper and they send another paper telling I need to turn it in. So i go down there because I lost the one they rent me. Filled the paper out paid my part of may rent with my credited rent. Now June they said I been terminated since April and i owe 1,161.98 to the rental office and i got terminated because the landlord didnt send them copies of my inspection. Even if my paper was late the lady told me that I should be okay as long as i filled it out.
I’m looking to buy a condo, but it states that the sale comes with section 8 renters. Would I be able to get them out if the sale goes through?
Diana,
Thank you for your inquiry! As stated in the article, Section 8 tenants may be evicted after their initial lease term of at least one year concludes for “other good cause,” which includes the sale of the property. [24 CFR §982.310(d)]
Regards,
ft Editorial
Property owner used forced entry to assist his employee in serving an u.d. on us we are dissabled on decir. 8 he lost his case on proceedural error ( wrong notice,3 day insted of 14) has this ever happened to anyone else,now he has to start over.
In reading the question regarding the wrong notice, 3 day instead of 14 notice served on a disabled tenant under U.D Section 8, I could not find any reference to a 14 day notice. Did I miss something?
What is the procedure for raising rent on a section 8 tenant?
Evicting section 8 is little different than evicting anyone. The issue is that the courts have gone overboard to protect the poor tenant versus the rich landlords. Our justice system is a joke, tenants in California can go months without payment, claim a deficiency real or not. Too often judges don’t a apply the law, they just want to play a middleman. It takes 3-5 months to get out a bad tenant in the central valley.
Antonia Rivera was my tenant for over 20 years. She could not speak English and work in the fields of Gilroy when I meet her. She had two small children at the time. Yes I agree some section 8 clients are bad, just like the open market has very bad tenants. You should always qualify a section 8 client the same as you would a open market tenant. I took a chance with Antonia and her family. One of her children graduated from SDSU with a degree in accounting and the other one just finished her degree at junior college. Her home was always clean. I will miss Antonia. With the help of her children she is now a home owner. Does section 8 work, I think so.
Good for Antonia and her family. The subsidized rent received for 20 years at the expense of the taxpayer allowed her to save for her Children’s education. Were that doable for the average worker living with difficult sacrifices one has to make to “make do”,most times working 3 jobs at minimum wage, hers was a truly remarkable feat.
wow more landlords like you are needed.
A landlord must be very desperate to lease to section 8 tenants, seeing how difficult it is to get rid of them again. It is sad that landlords will be punished for doing a good deed.
How is getting rid them a good deed? I am under section 8 housing, but my rent is not subsidizes. I am paying full rent without government aid and yet I am being evicted because my landlord wants to raise my rent by $400. Sometimes landlords are excessively greedy. Perhaps ridding some landlords of their properties will do more justice.
are you from the u.s.a