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Section 8 Good Cause Requirements: What Qualifies and What Doesn’t

The federal “good cause” requirement is the single biggest difference between evicting a Section 8 tenant and a market-rate tenant. This guide explains exactly what qualifies — and what will get your eviction dismissed.

Under 24 C.F.R. § 982.310, a landlord participating in the Housing Choice Voucher program may only terminate a Section 8 tenancy for “good cause.” This requirement applies during the initial lease term, during any month-to-month continuation after the initial term, and at lease expiration when the landlord declines to renew. It is the most significant protection the federal program provides to voucher holders — and the most common reason Section 8 evictions fail.

The Three Categories of Good Cause
What Qualifies as Good Cause
What Does Not Qualify as Good Cause
Proving Good Cause in Court
Frequently Asked Questions

1. The Three Categories of Good Cause

The regulation identifies three categories of good cause for termination.

Category 1: Serious or repeated violation of the terms and conditions of the lease. This is the broadest category and covers most eviction scenarios — nonpayment of the tenant’s share of rent, unauthorized occupants, property damage, excessive noise, failure to maintain the unit, unauthorized pets, and any other material lease violation. “Serious” means the violation is significant enough to justify termination. “Repeated” means the tenant has committed the same type of violation more than once, even if each individual violation standing alone might not be “serious.”

Category 2: Violation of federal, state, or local law that imposes obligations on the tenant in connection with the occupancy or use of the premises. This covers criminal activity on or near the premises (particularly drug-related and violent criminal activity), building code violations attributable to the tenant, health code violations, fire safety violations, and violations of local nuisance ordinances. The law violated must impose obligations specifically related to the tenant’s occupancy — a traffic ticket or a tax violation would not qualify.

Category 3: Other good cause. This is the catch-all category for situations not covered by Categories 1 and 2. Examples include the tenant’s refusal to accept reasonable new lease terms at renewal, the landlord’s intent to use the unit for personal or family occupancy, and the landlord’s intent to substantially renovate the unit in a way that requires vacancy.

2. What Qualifies as Good Cause

Situation	Category	Notes
Nonpayment of tenant’s share of rent	1 — Serious lease violation	Most common ground; three-day notice must state tenant’s share only
Unauthorized occupants	1 — Lease violation	Must be documented; lease must specifically restrict occupancy
Property damage by tenant	1 — Serious lease violation	Document with photos and repair estimates
Repeated noise complaints	1 — Repeated violation	Document each incident; serve written notices for each
Drug activity on premises	2 — Law violation	No conviction required; preponderance of evidence standard
Violent criminal activity on premises	2 — Law violation	Same evidentiary standard as drug activity
Tenant refuses reasonable new lease terms	3 — Other good cause	New terms must be consistent with HCV program
Landlord needs unit for personal use	3 — Other good cause	Must be genuine; landlord must actually occupy
Substantial renovation requiring vacancy	3 — Other good cause	Must be genuine renovation, not pretext

3. What Does Not Qualify as Good Cause

Desire to exit the Section 8 program. A landlord who wants to stop accepting Section 8 cannot evict the current tenant to achieve that goal. The proper procedure is to decline to renew the HAP contract at the end of its term and honor the existing lease through expiration.

Desire to rent to a different tenant. Wanting a “better” tenant, a tenant who pays more rent, or a tenant who does not receive government assistance is not good cause. It may also constitute source-of-income discrimination, which is prohibited by some Florida local ordinances.

Frustration with the Section 8 program. Dissatisfaction with PHA inspections, paperwork, payment delays, or program bureaucracy is not good cause to evict the tenant — the tenant is not responsible for the program’s administrative burdens.

Failure to pass an HQS inspection. If the unit fails a Housing Quality Standards inspection and the landlord fails to make the required repairs, the PHA may abate (withhold) the HAP payment — but the failure is the landlord’s, not the tenant’s. The landlord cannot evict the tenant because of the landlord’s own failure to maintain the unit.

Mere expiration of the lease term. Unlike market-rate tenancies, the expiration of a Section 8 lease does not automatically give the landlord the right to refuse renewal. The good cause requirement applies at lease expiration.

Source-of-Income Discrimination

Several Florida jurisdictions — including Miami-Dade County — prohibit landlords from discriminating against tenants based on their source of income, including Section 8 vouchers. Evicting or refusing to renew a Section 8 tenant because of their voucher status can expose the landlord to discrimination claims, damages, and attorney’s fees. Even in jurisdictions without source-of-income protections, HUD’s fair housing enforcement may scrutinize evictions that appear motivated by the tenant’s participation in the voucher program.

4. Proving Good Cause in Court

When a Section 8 tenant challenges an eviction on the grounds that the landlord lacks good cause, the landlord bears the burden of proof. The landlord must present evidence sufficient to establish that the specific good cause alleged actually exists. Courts evaluate the evidence on a case-by-case basis, but several principles apply consistently.

Specificity matters. The eviction notice must state the specific good cause — not a generic recitation of the regulatory categories. A notice that says “serious lease violations” without describing the actual violations is insufficient. A notice that says “the tenant has failed to pay rent for March, April, and May 2025 in the amount of $450 per month” is specific and actionable.

Documentation is essential. Courts expect landlords to present documentary evidence supporting the alleged good cause — rent ledgers, photographs of damage, police reports, inspection reports, prior written notices to the tenant, and witness testimony. The more thoroughly documented the good cause, the stronger the case.

Proportionality is evaluated. Courts may evaluate whether the eviction is proportionate to the violation. A single minor lease violation (a guest staying one night past the lease’s guest policy) may not constitute “serious” enough cause to justify eviction — even though it is technically a lease violation. Repeated minor violations, however, can cumulatively establish good cause.

Pretext is scrutinized. If the tenant alleges that the stated good cause is pretextual — that the real reason for the eviction is discrimination, retaliation, or a desire to exit the Section 8 program — the court will evaluate the totality of the circumstances. A landlord who suddenly “discovers” lease violations after the tenant complains about habitability issues may face a finding of pretext or retaliation.

Need to Establish Good Cause for a Section 8 Eviction?

We help landlords document, notice, and prove good cause in compliance with both federal regulations and Florida law.

5. Frequently Asked Questions

Does the good cause requirement apply after the lease expires?

Yes. Under 24 C.F.R. § 982.310, the good cause requirement applies during the initial lease term and during any month-to-month continuation. Since HUD requires that the lease automatically continue month-to-month after the initial term unless terminated by either party with proper notice and good cause, the protection extends indefinitely for as long as the tenancy continues.

Is a single late rent payment enough for good cause?

A single instance of late (but eventually paid) rent is unlikely to constitute “serious” cause standing alone. However, if the tenant has a pattern of late payments — particularly if the landlord has served prior written notices about the late payments — the pattern may establish “repeated” violations sufficient for good cause. Consistent nonpayment (failure to pay at all) is clearly good cause after the three-day notice period expires.

Can I raise rent on a Section 8 tenant and evict if they don’t accept?

You can propose a reasonable rent increase at lease renewal. If the tenant refuses the new terms and the increase is reasonable and consistent with HCV program rules, the refusal may constitute “other good cause” for termination. However, the increase must be genuine (not inflated to force the tenant out), must comply with the PHA’s rent reasonableness standards, and must be proposed with proper advance notice.

What if the PHA says I don’t have good cause?

The PHA does not have authority to adjudicate whether the landlord has good cause — that is for the court to determine. However, the PHA may express its view to the court, may intervene in the eviction proceeding, or may notify the tenant of their rights. If the PHA opposes the eviction, the landlord should be prepared with strong documentation to present to the court.

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