How to Evict Tenants From Section 8 Housing
To evict tenants from section 8 housing the process is the same as any other tenant. A property owner may only evict a section 8 tenant for non-payment of rent or non-compliance issues. There are two ways this is accomplished. If the tenant has a lease, then the only way a property owner can evict is for non-payment, non-compliance or illegal activity. If the tenant has a month-to-month tenancy, the property owner can give 30 to 60 days written notice to end the tenancy.
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Instructions
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Give Written Notice.
Give the tenant a written notice to vacate the premises. The notice must include the reason for the termination. A copy of this notice is provided to the local housing authority as well. The tenant will have a limited amount of time to leave the property according to the laws of each state. Most often, the tenant will just leave, but if not, an eviction will need to be initiated.
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File for Eviction
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File papers with the county clerk's office for an Unlawful Detainer Action. -
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Serve the Tenant
Serve the tenant with a summons to appear in court. Anyone over the age of 18 and not associated with the lawsuit can serve the papers. The server can give the papers directly to the tenant, tack the notice to the tenant's door if no one answers or mail them as a last resort.
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Return the signed documents to the county clerk's office.
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Appear in Court
Bring all documentation and copies of lease agreement to court as well as proof of non-payment or compliance. If the judge decides in the property owner's favor, the tenant will have a specified time to remove his or her belongings from the property and return any keys or property to the property owner. If there is money due to the property owner, the judge may include that in the case as well.
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Tips & Warnings
Be on time and bring documentation to support your case.
A section 8 tenant can be evicted for non-payment of rent, non-compliance with the lease, any criminal activities, drug or alcohol abuse, destruction of property, disturbing neighbors, and repeated violation of rules and regulations..
References
Resources
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