Can I end a Section 8 voucher tenancy, and what happens to the HAP payments?
During the lease term, HUD's rules let an owner end a voucher tenancy only for serious or repeated lease violations, violations of law tied to the unit, or other good cause, and only after written notice of the grounds that is given at or before the start of the eviction. The owner gives the housing authority a copy of any eviction notice. The housing authority must keep paying while an eviction is pending.
The grounds the regulation allows
The federal rule for the Housing Choice Voucher program, 24 CFR 982.310, says that during the term of the lease the owner may end the tenancy only for: serious or repeated violation of the lease, including failing to pay rent or other amounts due; a violation of federal, state or local law that imposes obligations on the tenant for occupancy or use of the premises; or other good cause (24 CFR 982.310, as of October 2026). The rule also lists examples of other good cause, such as disturbing neighbors or damaging the property, and, during the initial term, requires that the cause be based on something the family did or failed to do.
It also says what is not a reason. If the housing authority does not make its housing assistance payment, the family is not responsible for that part of the rent, and the authority's failure to pay is not a lease violation by the tenant. So you cannot treat a late housing authority payment as the tenant's default.
The written notice of grounds
Under paragraph (e) of the same rule, the tenancy does not end before the owner has given the tenant a written notice that specifies the grounds. The notice must be given at or before the start of the court action to evict. It may be combined with the eviction notice, such as a notice to vacate, or with the first court filing. The owner must also give the housing authority a copy of any eviction notice.
- Identify the lease violation or good cause, with dates and facts.
- Write the notice of grounds and keep proof of delivery.
- Check your state and local rules for the form and timing of the eviction notice itself, because they apply too.
- Send the housing authority a copy of the eviction notice.
- Keep every notice and the proof of delivery in the tenant's file.
This is a description of the federal rule, not legal advice. State and local law set most of the eviction procedure, so ask a lawyer licensed in your state before you file.
What happens to the housing assistance payments
Paragraph (b) of 24 CFR 982.311 says that when the owner ends the tenancy under its terms, the housing authority stops paying. But if the owner has started an eviction and the family is still in the unit, the authority must continue to pay until the owner has a court judgment or other process allowing eviction (24 CFR 982.311, as of October 2026). Payments end when the lease or the HAP contract ends or when the authority ends the family's assistance.
If the family moves out, the authority cannot pay for any month after the move-out month, and the owner may keep the payment for the move-out month. The family's own share of the rent remains the tenant's to pay, and you can collect it under the lease.
Keep the two payments apart in your books
Example a made-up voucher unit with $1,500 contract rent. The housing authority pays $1,100 and the tenant pays $400. If the authority's payment of $1,100 arrives but the tenant pays nothing, the unit is behind $400, not $1,500. Record each payment separately so a notice of grounds states the right amount.
Keep the ledger, the notices and the housing authority's payment statements for the period in IRS Publication 583. See recording HAP payments for the entries.
Where DoorKeeping fits
DoorKeeping tracks the housing authority's portion and the tenant's portion separately and matches each deposit, at $2 per unit per month. That gives you the right balance before any notice. DoorKeeping does not give legal advice or replace your lawyer.
Sources
- 24 CFR 982.310, Owner termination of tenancy, read Oct 30, 2026
- 24 CFR 982.311, When assistance is paid, read Oct 30, 2026
- IRS Publication 583, Starting a Business and Keeping Records, read Oct 30, 2026
Questions
- Can a landlord evict a Section 8 tenant for any reason?
- During the lease term the federal rule limits the grounds to serious or repeated lease violations, violations of law tied to the unit, or other good cause. State law also applies.
- Does the housing authority keep paying during an eviction?
- Under 24 CFR 982.311, if the owner has started an eviction and the family is still in the unit, payments continue until the owner has a court judgment or other process allowing eviction.
- Do I have to tell the housing authority about an eviction?
- Yes. The owner must give the housing authority a copy of any owner eviction notice.