How to Evict a Section 8 Tenant in Florida

Section 8 tenants can be evicted — but federal rules add layers of complexity that don’t exist in standard evictions. Here’s what Florida landlords need to know about good cause requirements, PHA notifications, and the interplay between state and federal law.

One of the most common misconceptions among Florida landlords is that Section 8 tenants cannot be evicted. This is false. A landlord can evict a Section 8 (Housing Choice Voucher Program) tenant — but the process involves additional requirements beyond those imposed by Chapter 83, Part II of the Florida Statutes. These additional requirements come from federal law — specifically,42 U.S.C. § 1437fand the regulations promulgated by the U.S. Department of Housing and Urban Development (HUD) at24 C.F.R. Part 982.

The key difference is the “good cause” requirement. During the initial lease term and during any extension or renewal, a landlord may only terminate the tenancy for “good cause” as defined by HUD regulations. This means that some grounds for eviction that are available for non-voucher tenants — such as terminating a month-to-month tenancy with a simple fifteen-day no-cause notice — may not be available for Section 8 tenants without additional justification.

Table of Contents

1. Understanding the Section 8 Landlord-Tenant Relationship
2. Good Cause Requirements for Section 8 Evictions
3. Specific Grounds That Constitute Good Cause
4. Notice Requirements: State and Federal
5. PHA Notification Obligations
6. The Section 8 Eviction Process Step by Step
7. Eviction at the End of the Lease Term
8. Frequently Asked Questions

1. Understanding the Section 8 Landlord-Tenant Relationship

In a Section 8 tenancy, there are three parties to the arrangement: the landlord, the tenant, and the local Public Housing Authority (PHA) that administers the Housing Choice Voucher. The landlord has two separate agreements — a lease with the tenant and a Housing Assistance Payment (HAP) contract with the PHA. Under the HAP contract, the PHA pays a portion of the rent directly to the landlord, and the tenant pays the remaining portion.

This three-party structure means that evicting a Section 8 tenant affects not only the landlord-tenant relationship but also the HAP contract with the PHA. When a landlord terminates a Section 8 tenancy, the PHA must be notified so that it can take appropriate action regarding the tenant’s voucher. Failure to notify the PHA can create administrative complications and may delay the eviction process.

The HAP Contract and the Lease

The lease between the landlord and a Section 8 tenant must include a HUD-required tenancy addendum that incorporates specific provisions mandated by federal regulation. Under24 C.F.R. § 982.308, this addendum requires the lease to be for an initial term of at least one year. The addendum also incorporates the good cause eviction requirement, the landlord’s obligation to provide the PHA with notice of any eviction action, and provisions regarding the payment of the housing assistance payment.

Critically, the HUD tenancy addendum supersedes any conflicting provision in the landlord’s standard lease. If the landlord’s lease contains a provision that conflicts with the HUD addendum — for example, a provision allowing the landlord to terminate the lease without cause on thirty days’ notice — the addendum controls, and the conflicting lease provision is unenforceable.

2. Good Cause Requirements for Section 8 Evictions

Under24 C.F.R. § 982.310, a landlord may only terminate a Section 8 tenancy during the initial term or during any extension for “good cause.” This requirement also applies to non-renewal of the lease at the end of the term — the landlord must have good cause to refuse to renew.

The regulation does not provide an exhaustive list of what constitutes “good cause,” but it identifies several specific categories that qualify.

3. Specific Grounds That Constitute Good Cause

Serious or Repeated Lease Violations

A serious violation of the lease, or repeated violations of the lease terms, constitute good cause for termination. This is the broadest category and encompasses most of the same grounds that would support an eviction of a non-voucher tenant under Chapter 83 — nonpayment of the tenant’s portion of the rent, unauthorized occupants, unauthorized pets, damage to the unit, disturbances, and other material breaches.

Nonpayment of the Tenant’s Portion of Rent

Section 8 tenants are responsible for paying their portion of the rent (the amount remaining after the PHA’s housing assistance payment). If the tenant fails to pay their portion, the landlord has good cause to evict. The landlord should serve a three-day notice demanding only the tenant’s unpaid portion — not the PHA’s portion, which is paid separately by the housing authority.

Demand Only the Tenant’s Portion

A common and dangerous mistake in Section 8 evictions is including the PHA’s portion of the rent in the three-day notice. The PHA’s payment is a separate obligation under the HAP contract. If the PHA has failed to make its payment, the landlord’s remedy is against the PHA under the HAP contract — not against the tenant. Demanding the full rent (including the PHA’s portion) from the tenant in the three-day notice will render the notice defective.

Criminal Activity

Under 24 C.F.R. § 982.310(c), the landlord may terminate the tenancy if the tenant, any member of the tenant’s household, or a guest engages in drug-related criminal activity on or near the premises, or engages in violent criminal activity. This is a strong ground for eviction and does not require a criminal conviction — the landlord need only demonstrate, by a preponderance of the evidence, that the criminal activity occurred. For a detailed analysis, see our guide: Section 8 Lease Violations: Drug Activity and Criminal Conduct.

Threatening Health or Safety

Conduct by the tenant or a household member that threatens the health or safety of other residents, the landlord, or the landlord’s employees constitutes good cause for termination.

Other Good Cause

The regulations also recognize “other good cause” for termination, which is a catch-all category. Under 24 C.F.R. § 982.310(d), “other good cause” includes the tenant’s failure to accept a new lease or lease revision offered by the landlord (provided the new terms are reasonable and consistent with HUD requirements), and business or economic reasons for not renewing the lease — such as the landlord’s desire to use the unit for personal purposes, to make major renovations, or to sell the property.

4. Notice Requirements: State and Federal

Evicting a Section 8 tenant requires compliance with both Florida state notice requirements under Chapter 83 and the federal notice requirements under 24 C.F.R. Part 982. The landlord must satisfy whichever notice period is longer.

Florida State Notice

The standard Chapter 83 notice requirements apply: a three-day notice for nonpayment, a seven-day notice for curable or incurable lease violations, or a fifteen-day notice for month-to-month termination. These state-law notice requirements are the baseline minimum.

Federal Notice Requirements

Under the HUD tenancy addendum, the landlord must give the tenant written notice of the grounds for termination. At the end of the initial lease term or any renewal term, the landlord must provide at least thirty days’ written notice before the lease expires. During the lease term, the required notice period depends on the type of violation — but the notice must always state the specific reasons for the termination and be sent to both the tenant and the PHA simultaneously.

The practical effect is that Section 8 landlords should generally provide longer notice periods than would be required for a non-voucher tenant. When in doubt, provide thirty days’ notice and state the specific grounds for termination. This satisfies both the federal good cause requirement and the state notice requirements.

5. PHA Notification Obligations

Under 24 C.F.R. § 982.310(e), at the same time the landlord notifies the tenant of the termination, the landlord must send a copy of the termination notice to the local PHA. This is not optional — it is a mandatory requirement of the HAP contract and the tenancy addendum.

The PHA notification serves several purposes. It alerts the PHA that the tenant’s housing situation is changing, which allows the PHA to take action regarding the tenant’s voucher. It provides the PHA with an opportunity to intervene if it believes the termination is improper. And it creates a record of the landlord’s compliance with the federal requirements, which protects the landlord if the eviction is later challenged.

Identify the correct PHA for your property and obtain the specific address and contact information for sending notices. In Miami-Dade County, the relevant PHA is the Miami-Dade Public Housing Agency. In Broward County, it is the Broward County Housing Authority. Each PHA may have its own preferences for how notices should be delivered — some accept email, while others require mailed copies. Check with your PHA in advance. For a comprehensive guide to PHA notice requirements, see: PHA Notice Requirements and Landlord Obligations.

6. The Section 8 Eviction Process Step by Step

The eviction process for a Section 8 tenant follows the same general steps as a standard residential eviction, with additional notice and documentation requirements.

Step 1: Identify the good cause ground. Determine which specific ground supports the eviction — nonpayment, lease violation, criminal activity, or other good cause. Document the facts supporting the ground thoroughly.

Step 2: Serve the termination notice on the tenant. Serve the appropriate notice under Florida law (3-day, 7-day, or 15-day) while ensuring that the notice period is at least as long as required by the HUD addendum. State the specific reasons for termination in the notice. If terminating at the end of the lease term, provide at least 30 days’ notice.

Step 3: Simultaneously notify the PHA. Send a copy of the termination notice to the local PHA at the same time you serve the tenant. Retain proof of delivery to the PHA.

Step 4: File the eviction complaint. After the notice period expires, file the eviction complaint in county court, following the standard process outlined in the residential evictions pillar guide. Attach copies of the lease (including the HUD tenancy addendum), the termination notice, proof of service on the tenant, and proof of service on the PHA.

Step 5: Proceed through litigation. The case proceeds through the standard summary eviction process — the tenant has five business days to respond, and if no response is filed (or if the tenant fails to deposit rent into the court registry in a nonpayment case), the landlord moves for a default judgment. If the tenant contests the eviction, the court will hold a hearing or trial at which the landlord must prove the good cause ground.

Step 6: Judgment and writ of possession. If the landlord prevails, the court enters a final judgment for possession and the clerk issues a writ of possession. The writ is executed by the sheriff in the same manner as any other residential eviction.

7. Eviction at the End of the Lease Term

One area that frequently confuses Section 8 landlords is the end-of-term non-renewal. Unlike a standard residential tenancy, where the landlord can simply choose not to renew a fixed-term lease (or terminate a month-to-month tenancy with 15 days’ notice and no reason), Section 8 landlords must have good cause even to decline to renew the lease at the end of the term.

However, the “other good cause” category under 24 C.F.R. § 982.310(d) provides considerable flexibility. A landlord who wants the unit for personal or family use, who plans to substantially renovate the unit, who intends to sell the property, or who has a legitimate business reason for not renewing has good cause to terminate at the end of the term. The key is to state the specific reason in the non-renewal notice and to provide at least thirty days’ notice before the lease expiration date.

You Are Not Locked In Forever

Many landlords mistakenly believe that once they accept a Section 8 tenant, they must renew the lease indefinitely. This is not the case. While the good cause requirement limits the landlord’s ability to terminate without reason, it does not prevent the landlord from declining to renew for legitimate business reasons. If you want to exit the Section 8 program, sell the property, renovate, or re-lease at market rate, you have options — you just need to follow the correct process.

Need to Evict a Section 8 Tenant?

We navigate the intersection of Florida landlord-tenant law and federal HUD regulations to protect your rights as a participating landlord.

8. Frequently Asked Questions

Related Guides

• ← Back to: Florida Residential Eviction Attorney (Pillar Guide)
• Section 8 Eviction Lawyer Florida (Comprehensive Pillar Guide)
• Good Cause Requirements for Section 8 Evictions
• PHA Notice Requirements and Landlord Obligations
• How to Serve a 3-Day Notice for Non-Payment of Rent