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Nonpayment of Section 8 Voucher Lease: Evicting for the Unpaid Tenant Share

When a Section 8 tenant stops paying their share of the rent, the eviction follows the same Chapter 83 process — with one critical difference: the three-day notice must state only the tenant’s portion, not the full contract rent.

In a Section 8 tenancy, the total contract rent is split between two payers: the PHA (which pays the Housing Assistance Payment directly to the landlord each month) and the tenant (who pays their share — typically 30% of adjusted gross income — directly to the landlord). When the tenant fails to pay their share, the landlord has clear good cause for eviction under 24 C.F.R. § 982.310. Nonpayment of rent is a “serious violation of the terms and conditions of the lease” by any measure. The challenge is not establishing good cause — it is ensuring the three-day notice is drafted correctly.

1. Drafting the Three-Day Notice Correctly

The three-day notice to pay rent or vacate under Section 83.56(3)must state the amount the tenant owes — not the full contract rent. This is the most common mistake landlords make in Section 8 nonpayment evictions, and it results in dismissal every time.

For example, if the total contract rent is $1,800 per month, the PHA pays $1,350, and the tenant’s share is $450, the three-day notice must demand $450 (or the accumulated tenant share for multiple months). Stating $1,800 — the full contract rent — overstates the amount owed by the tenant and renders the notice defective. The PHA’s share is not the tenant’s obligation; it is paid under the HAP contract between the landlord and the PHA.

Never Include the PHA’s Share in the Three-Day Notice

Including the PHA’s share in the three-day notice is a fatal defect. Courts will dismiss the eviction because the notice demands an amount greater than what the tenant actually owes. Even if the PHA has also stopped paying (for example, due to a failed HQS inspection), the three-day notice to the tenant should state only the tenant’s contractual share. Payment issues with the PHA are addressed through the HAP contract, not through the tenant eviction.

2. PHA Coordination

Under 24 C.F.R. § 982.310(e), the landlord must send a copy of the three-day notice to the PHA at the same time it is served on the tenant. This serves multiple purposes: it notifies the PHA that the tenant is in default, allowing the PHA to counsel the tenant about the consequences of eviction (including potential loss of the voucher); it creates a record of compliance with the federal notification requirement; and it may prompt the PHA to intervene — in some cases, the PHA may contact the tenant and facilitate payment to avoid an eviction that would require the PHA to find a new landlord for the voucher holder.

Sometimes the PHA abates (withholds) its Housing Assistance Payment — typically because the unit has failed an HQS inspection and the landlord has not made the required repairs within the PHA’s deadline. When this happens, the landlord is not receiving the PHA’s share, but the tenant is still obligated to pay only their share. The landlord cannot demand that the tenant pay the PHA’s share to make up the difference.

If the PHA has abated the HAP, the landlord’s remedy is to make the required repairs so the PHA resumes payment. If the landlord cannot or will not make the repairs, the PHA may ultimately terminate the HAP contract — at which point the Section 8 obligations end, and the tenancy becomes a standard Chapter 83 tenancy for whatever term remains on the lease.

4. Common Defenses

Defective notice (overstated amount). The tenant argues the three-day notice included the PHA’s share, overstating the amount owed. This is the most common and most successful defense.

Payment was made. The tenant argues they paid within the three-day period. The landlord should maintain precise payment records showing exactly when payments were received and how they were applied.

PHA share change. The tenant argues their share recently changed (due to a recertification that increased the PHA’s share and decreased the tenant’s share) and the landlord is demanding the old, higher amount. The landlord should verify the current tenant share with the PHA before drafting the notice.

Retaliation. The tenant argues the nonpayment eviction is retaliatory — for example, the tenant reported a habitability issue, the unit failed an HQS inspection, and the landlord filed for eviction rather than making repairs.

Section 8 Tenant Not Paying Their Share?

We draft precise three-day notices, coordinate with the PHA, and prosecute nonpayment evictions in compliance with both federal and state requirements.

5. Frequently Asked Questions

What if the tenant’s share is $0?

Some Section 8 tenants have zero tenant share — the PHA pays the entire contract rent. If the tenant’s share is $0, there is nothing for the tenant to fail to pay, and a nonpayment eviction is not available. The landlord would need to rely on a different ground for eviction (lease violations, criminal activity, or other good cause).

Can I evict for nonpayment of late fees?

Late fees may be included in the three-day notice only if the lease specifically authorizes late fees and the fees are reasonable. However, some PHAs prohibit or limit late fees in Section 8 leases. Check the lease and the PHA’s administrative plan before including late fees in the notice. An excessive or unauthorized late fee can render the notice defective.

Does the tenant lose their voucher if evicted for nonpayment?

Potentially, yes. The PHA has discretion to terminate the tenant’s voucher assistance when the tenant is evicted for cause. Nonpayment of rent is a cause attributable to the tenant, and many PHAs will terminate the voucher — meaning the tenant loses not only this unit but also their eligibility for future Section 8 assistance. This consequence gives the tenant strong incentive to pay and cure within the three-day period.

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