Section 8 Eviction Rules & Procedures

Key Difference: Section 8 Evictions Are More Complex

Section 8 tenants receive rent assistance through the U.S. Department of Housing and Urban Development (HUD). While you can still evict them for legitimate reasons, federal regulations impose stricter requirements than standard Ohio evictions. You must notify HUD and follow additional procedures to avoid losing your voucher program participation or facing federal liability.

Valid Reasons to Evict a Section 8 Tenant

Under 24 CFR § 966.4, you can only evict for "good cause." These include:

• Non-payment of tenant rent portion — The tenant's share (not HUD's portion)
• Lease violations — Unauthorized occupants, lease breach, illegal activity
• Property damage — Beyond normal wear and tear caused by tenant
• Nuisance conduct — Illegal drugs, violence, or disturbing other tenants
• Refusal of inspections — Failure to allow HUD-required unit inspections
• Refusal of lease recertification — Failure to recertify income annually

Step-by-Step Section 8 Eviction Process

Step 1: Document the Violation

Keep detailed records of the lease violation or non-payment. For non-payment, document when rent was due, when it was not received, and follow-up attempts to collect. For behavioral issues, document dates, times, and witnesses.

Step 2: Issue Written Notice (30+ Days)

You must provide the tenant with written notice of the violation and opportunity to cure (except for criminal activity or serious lease breaches). The notice should give at least 30 days to remedy the problem.

Notice must include:

• The specific lease violation
• Evidence of the violation
• Cure period (30 days minimum for non-emergency issues)
• Consequences if not cured
• Your contact information

Step 3: Notify the PHA (Public Housing Authority)

In Ohio, contact:

• Cuyahoga Metropolitan Housing Authority (CMHA): (216) 348-3600 or cuyahogamha.org
• Lorain Metropolitan Housing Authority: (440) 245-4950

Provide the PHA with:

• Copy of the lease
• Copy of the eviction notice you gave the tenant
• Documentation of the violation
• Your intent to evict if not cured

Step 4: Wait for Cure Period

Allow the full 30 days (or whatever period you specified) for the tenant to remedy the issue. HUD and the PHA may try to mediate during this time. Cooperate with PHA efforts.

Step 5: File Court Eviction (If Uncured)

If the tenant does not cure, proceed with a forcible detainer action in Common Pleas Court (same as a regular Ohio eviction). Attach copies of:

• The lease
• Your eviction notice
• Documentation of the violation
• Proof of PHA notification

Step 6: Obtain Judgment & Execute

Once you receive a judgment from the court, the sheriff can execute the eviction. Contact the PHA to inform them the tenant has been evicted.

Key Section 8 Protections & Restrictions

Retaliation Protection

You cannot evict or penalize a tenant for:

• Requesting repairs or maintenance
• Complaining to the PHA about housing conditions
• Exercising other legal rights (e.g., reporting code violations)

If an eviction looks retaliatory, HUD may block it.

Habitability Requirements

Section 8 units must meet federal housing quality standards. If your unit fails inspection, the PHA may reduce or suspend subsidy payments. You cannot evict a tenant for requesting repairs related to habitability.

Lease Requirements

Your lease must comply with HUD requirements, which are more tenant-protective than standard Ohio leases. The PHA may reject non-compliant leases.

Notice to the PHA

You must notify the PHA within 3 days of serving eviction notice on the tenant. Failure to notify can jeopardize your claim or the subsidy payment.

Rent Payment Issues in Section 8 Units

Tenant's Portion vs. PHA's Portion

In a typical Section 8 arrangement:

• HUD pays the landlord: Subsidy amount (e.g., $800/month)
• Tenant pays the landlord: Tenant rent portion (e.g., $150/month)
• Total rent to you: $950/month

You can only evict for non-payment of the tenant's portion. If HUD is late with subsidy payments, you cannot evict the tenant.

Late HUD Payments

Contact the PHA immediately if subsidy payments are late. They should be automatically deposited. If there's an issue, the PHA will resolve it. In the meantime, work with the tenant and PHA on a payment plan.

Annual Lease Recertification

Section 8 leases must be recertified annually with the PHA. The tenant must:

• Verify income and family composition
• Attend a recertification appointment at the PHA
• Return signed lease documents

If the tenant fails to recertify without good cause, you can evict. Coordinate with the PHA to document the failure.

Contact Information for Ohio PHAs

When to Hire a Lawyer

Strongly recommended for Section 8 evictions. HUD regulations are federal law, and missteps can result in loss of program eligibility. An attorney familiar with both Ohio eviction law and HUD regulations is essential.

Key Takeaways

• Section 8 evictions require "good cause," not just lease termination
• You must notify the PHA before evicting
• Give at least 30 days notice (except for serious violations)
• The tenant may be protected from retaliation
• Habitability standards are higher for Section 8 units
• Always consult a lawyer before proceeding

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