Section 8

Section 8 Eviction Lawyer Florida — Housing Voucher Eviction Guide for Landlords

Evicting a tenant who receives Section 8 Housing Choice Voucher assistance adds a layer of federal requirements on top of Florida’s landlord-tenant law. Miss any of them and your eviction fails. This guide covers every requirement.

Section 8 — formally the Housing Choice Voucher (HCV) program administered by the U.S. Department of Housing and Urban Development (HUD) — provides rental assistance to approximately 2.3 million households nationwide. In Florida, public housing authorities (PHAs) administer the program at the local level, contracting with private landlords who agree to rent to voucher holders in exchange for guaranteed government-paid rent subsidies. The program benefits landlords (reliable, government-backed rent payments) and tenants (affordable housing in the private market).

But when the landlord-tenant relationship breaks down — when the Section 8 tenant stops paying their share of rent, violates the lease, engages in criminal activity, or when the landlord simply wants to end the tenancy — the eviction process is more complex than a standard residential eviction. The landlord must comply not only with Florida’s Residential Landlord and Tenant Act (Chapter 83) but also with the federal regulations governing the voucher program, codified primarily at 24 C.F.R. Part 982. The interplay between these two systems creates procedural requirements that, if not followed precisely, will result in the eviction being dismissed or the landlord losing the Housing Assistance Payment (HAP) contract.

This guide is written for Florida landlords who participate in the Housing Choice Voucher program and need to understand when and how they can evict a Section 8 tenant — and what additional steps the federal program requires.

Table of Contents

1. How the Section 8 Program Works for Landlords
2. The Good Cause Requirement
3. Grounds for Evicting a Section 8 Tenant
4. Notice Requirements: Federal and State
5. The Section 8 Eviction Process Step by Step
6. Ending the Tenancy at Lease Expiration
7. The HAP Contract: What Landlords Need to Know
8. Common Mistakes Landlords Make
9. Related Guides
10. Frequently Asked Questions

1. How the Section 8 Program Works for Landlords

The Housing Choice Voucher program involves three parties: the tenant(who holds the voucher and selects the rental unit), the landlord(who agrees to participate in the program), and the public housing authority or PHA (the local agency that administers the program, determines the tenant’s eligibility, calculates the subsidy amount, and pays the landlord). In South Florida, the major PHAs include the Miami-Dade County Public Housing and Community Development Department, the Broward County Housing Authority, and the Palm Beach County Housing Authority.

The financial structure is straightforward. The PHA determines the tenant’s share of the rent (typically 30% of the tenant’s adjusted gross income) and the PHA’s share (the balance up to the approved rent amount). The PHA pays its share directly to the landlord each month through the Housing Assistance Payment (HAP). The tenant pays their share directly to the landlord. If the tenant fails to pay their share, the PHA’s payment continues — the PHA pays its contractual obligation regardless of whether the tenant pays theirs. This means a nonpayment eviction against a Section 8 tenant is typically for the tenant’s share only, which may be a relatively small amount.

The legal relationship is governed by two separate contracts: the lease between the landlord and the tenant (which must comply with both Chapter 83 and the HCV program requirements), and the HAP contract between the landlord and the PHA (which sets the rent amount, the PHA’s payment obligations, and the landlord’s obligations under the program). Both contracts impose requirements that affect the eviction process.

2. The Good Cause Requirement

The single most important difference between evicting a Section 8 tenant and evicting a market-rate tenant is the good cause requirement. Under 24 C.F.R. § 982.310, during the initial term of the lease, the landlord may not terminate the tenancy except for “serious or repeated violation of the terms and conditions of the lease,” “violation of federal, state, or local law that imposes obligations on the tenant in connection with the occupancy or use of the premises,” or “other good cause.” This means the landlord cannot simply decline to renew the lease at the end of the initial term without good cause — a right that landlords of market-rate tenants generally do have under Florida law.

The “other good cause” category includes the tenant’s failure to accept the landlord’s offer of a new lease at lease expiration (provided the new lease terms are reasonable and consistent with the HCV program), the landlord’s desire to use the property for personal or family use, and the landlord’s desire to renovate the unit in a way that requires the tenant to vacate. Mere dissatisfaction with the tenant, a desire to rent to someone else, or a desire to exit the Section 8 program mid-lease are not good cause for eviction during the lease term.

For a comprehensive analysis of what constitutes good cause and what does not, see: Section 8 Good Cause Requirements.

You Cannot Evict Simply to Leave the Section 8 Program

A landlord who wants to stop participating in the Section 8 program cannot evict the current tenant to accomplish that goal. The landlord may decline to renew the HAP contract at the end of its term, but the existing lease must be honored through its expiration. And even at lease expiration, the landlord must provide proper notice and may need good cause to refuse renewal. Attempting to evict a Section 8 tenant solely to exit the program will result in dismissal of the eviction and potential liability for discrimination.

3. Grounds for Evicting a Section 8 Tenant

Nonpayment of the Tenant’s Share of Rent

The most common ground. The tenant is responsible for paying their share of the rent (the portion not covered by the HAP) directly to the landlord each month. If the tenant fails to pay their share, the landlord may serve a three-day notice to pay rent or vacate under Section 83.56(3), Florida Statutes, and proceed with eviction if the tenant does not pay within the three-day period. The three-day notice should state only the tenant’s share— not the full contract rent, since the PHA is paying its share directly to the landlord. For a detailed guide, see: Nonpayment of Section 8 Voucher Lease.

Lease Violations

The tenant has violated a material provision of the lease — unauthorized occupants, unauthorized pets, damage to the property, excessive noise, failure to maintain the unit, or any other lease violation that constitutes a “serious or repeated” breach. The landlord serves a seven-day notice of noncompliance under Section 83.56(2)and proceeds with eviction if the violation is not cured within the seven-day period (for curable violations) or upon delivery of the notice (for incurable violations).

Drug-Related or Criminal Activity

Under federal law (42 U.S.C. § 13661) and HUD regulations, a landlord may evict a Section 8 tenant for drug-related criminal activity on or near the premises, for violent criminal activity on or near the premises, or if any member of the household is a registered sex offender. This ground does not require a conviction — the landlord may proceed based on a preponderance of the evidence that the activity occurred. Drug and criminal activity evictions are treated as serious lease violations and are typically incurable. For a comprehensive analysis, see: Drug Activity and Criminal Conduct Evictions.

Violation of Federal, State, or Local Law

The tenant has violated a law that imposes obligations related to the occupancy or use of the premises — building codes, health codes, fire safety codes, or local ordinances. This is a separate ground from lease violations and from criminal activity, and it requires that the law violated impose obligations specifically related to the tenant’s occupancy of the unit.

Other Good Cause

As described above, “other good cause” is a catch-all category that includes situations not covered by the specific grounds. The landlord must be prepared to articulate the specific good cause in the eviction notice and in court. Vague assertions of “good cause” without factual support will not withstand challenge.

4. Notice Requirements: Federal and State

Evicting a Section 8 tenant requires compliance with both the federal notice requirements under 24 C.F.R. § 982.310 and the state notice requirements under Chapter 83. The federal and state requirements differ, and the landlord must satisfy both.

Federal Notice Requirements

Under 24 C.F.R. § 982.310(e), the landlord must give the tenant written notice of the grounds for termination of the tenancy. The notice must state the specific grounds for termination, must be given at the time specified in the lease and in accordance with HUD requirements, and must be served on the PHA at the same time it is served on the tenant. The requirement to notify the PHA is critical — failure to provide a copy of the eviction notice to the PHA is a federal regulatory violation that can jeopardize the eviction and the HAP contract. For a detailed analysis of PHA notice requirements, see: PHA Notice Requirements for Section 8 Evictions.

State Notice Requirements (Florida)

The landlord must also serve the applicable Chapter 83 notice: a three-day notice for nonpayment of rent (Section 83.56(3)); a seven-day notice of noncompliance for curable lease violations (Section 83.56(2)(b)); a seven-day unconditional termination notice for incurable violations or for repeated violations of the same nature within a twelve-month period (Section 83.56(2)(a)); or such other notice as required by the specific ground for eviction. These notices must comply with all of the Chapter 83 requirements — proper content, proper calculation of the cure period, and proper delivery. See: Florida 3-Day Notice Guide.

Which Notice Comes First?

In practice, many landlords serve a single notice that satisfies both the federal and state requirements simultaneously. The notice states the specific grounds (satisfying the federal requirement), provides the applicable cure period (satisfying the state requirement), and is served on both the tenant and the PHA (satisfying the federal copy requirement). This approach is efficient and avoids the confusion of serving multiple separate notices.

Always Copy the PHA

Every notice related to the eviction — the initial notice to cure or vacate, the complaint, any amended pleadings, and the final judgment — should be copied to the PHA. This is not merely best practice; it is a federal regulatory requirement. Failure to keep the PHA informed can result in the PHA intervening in the eviction, the HAP contract being terminated, or the court finding that the landlord failed to comply with program requirements.

5. The Section 8 Eviction Process Step by Step

Step 1: Document the grounds. Before serving any notice, document the basis for eviction thoroughly. For nonpayment, compile a ledger showing every payment received and every amount owed, clearly distinguishing the PHA’s share from the tenant’s share. For lease violations, document with photographs, witness statements, police reports, or inspection reports. For criminal activity, obtain police reports and any other available evidence.

Step 2: Serve the notice on the tenant and the PHA. Serve the appropriate Chapter 83 notice on the tenant (hand delivery or posting-and-mailing as required by Section 83.56) and simultaneously send a copy to the PHA by mail, fax, or email (or whatever method the PHA accepts).

Step 3: Wait for the cure period to expire. If the notice provides a cure period (three days for nonpayment, seven days for curable lease violations), wait for the full period to expire. If the tenant cures within the period, the eviction cannot proceed on that ground.

Step 4: File the eviction complaint. After the cure period expires without cure, file the complaint in county court. The complaint should allege the lease, the Section 8 tenancy (identifying the PHA and the HAP contract), the specific ground for eviction, the notice that was served, and the tenant’s failure to cure. Attach copies of the lease, the notice, and proof of service on both the tenant and the PHA.

Step 5: Service of process. Serve the complaint and summons on the tenant. The tenant has five business days to file a written defense.

Step 6: Hearing or default. If the tenant does not file a defense, move for default and final judgment. If the tenant files a defense, the court sets the matter for hearing. Common Section 8-specific defenses include failure to serve the PHA, lack of good cause, retaliation, and discrimination.

Step 7: Notify the PHA of the outcome. After the judgment is entered, notify the PHA of the result. If the tenant is evicted, the PHA terminates the voucher assistance for that unit. If the eviction is for cause (nonpayment, criminal activity), the PHA may also terminate the tenant’s voucher entirely, making them ineligible for future assistance.

6. Ending the Tenancy at Lease Expiration

One of the most misunderstood aspects of Section 8 eviction is what happens at the end of the lease term. With a market-rate tenant on a fixed-term lease, the landlord generally has the right to decline to renew — they can simply let the lease expire and, if the tenant remains, treat them as a holdover and evict. With a Section 8 tenant, this is not so simple.

Under 24 C.F.R. § 982.309, the initial lease term must be at least one year. After the initial term, the lease continues as a month-to-month tenancy unless the landlord and tenant agree to a new term. The landlord may terminate the tenancy at lease expiration or during the month-to-month period, but only with good cause and with proper notice. The landlord must provide the tenant with written notice of the termination at least thirty days before the effective date (or longer if the lease requires a longer notice period).

The good cause requirement applies at lease expiration — meaning the landlord cannot simply decline to renew without a reason that qualifies as good cause. However, the landlord’s decision not to renew the HAP contract (which requires the landlord to give the PHA advance notice, typically sixty days) can be a valid basis for non-renewal of the tenancy. If the landlord provides proper notice to the PHA that they are terminating the HAP contract, and the HAP contract expires, the Section 8 obligations end — and the tenancy can then be treated as a standard month-to-month tenancy under Chapter 83.

For a detailed analysis of the timing and coordination required to end a Section 8 tenancy at lease expiration, see: Section 8 Eviction Timeline and Coordination.

7. The HAP Contract: What Landlords Need to Know

The Housing Assistance Payment (HAP) contract is a separate agreement between the landlord and the PHA. It governs the PHA’s payment obligations, the landlord’s obligations under the program, and the conditions under which either party may terminate. Key provisions include the PHA’s obligation to pay its share of the rent on time each month; the landlord’s obligation to maintain the unit in compliance with HUD’s Housing Quality Standards (HQS); the landlord’s obligation to provide the PHA with copies of any eviction notices; and the conditions under which the PHA may terminate the HAP contract (landlord’s failure to maintain the unit, landlord’s breach of the contract, or the tenant’s departure from the unit).

The HAP contract is not a lease and does not create a landlord-tenant relationship between the landlord and the PHA. However, the HAP contract imposes obligations that affect the landlord’s ability to evict. If the landlord violates the HAP contract — for example, by failing to maintain the unit or by evicting the tenant without proper notice to the PHA — the PHA may terminate the HAP contract and stop making payments.

8. Common Mistakes Landlords Make

Failing to copy the PHA on the eviction notice. This is the most common federal compliance failure. The regulation requires that the PHA receive a copy of any termination notice at the same time it is served on the tenant. Failure to do so may result in the PHA intervening or the court finding non-compliance with program requirements.

Including the PHA’s share in the three-day notice. The three-day notice should state only the tenant’s share of the rent — the amount the tenant is personally obligated to pay. The PHA’s share is paid directly to the landlord under the HAP contract; it is not the tenant’s obligation. Including the PHA’s share inflates the amount stated in the notice and may render it defective.

Attempting to evict without good cause. During the lease term, and even at lease expiration if the lease converts to month-to-month, the landlord must have good cause. Filing an eviction without good cause will result in dismissal and may result in a discrimination claim if the tenant alleges the eviction was motivated by their Section 8 status.

Failing to renew or extend the lease as required by HUD. The HCV program requires that the lease be for an initial term of at least one year. If the landlord fails to offer a new lease at expiration, the tenancy continues month-to-month under the existing terms — the landlord cannot claim the lease expired and the tenant is a holdover if the landlord failed to offer renewal as required.

Retaliating against the tenant for Section 8 status. Florida law and federal law both prohibit landlords from discriminating against tenants based on their source of income, including Section 8 voucher status. Some Florida municipalities (including Miami-Dade County) have local ordinances that specifically prohibit source-of-income discrimination. Evicting or refusing to renew a Section 8 tenant because of their voucher status is discriminatory and exposes the landlord to significant liability.

Need to Evict a Section 8 Tenant?

The intersection of federal housing regulations and Florida landlord-tenant law creates unique challenges. We handle Section 8 evictions with precision — proper notices, PHA coordination, and good-cause compliance.

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10. Frequently Asked Questions