Yes, you can evict a Section 8 tenant in California. The eviction process is largely the same as for any other tenant—but there are specific notice requirements and you must notify the housing authority. Here's what landlords need to know.
Valid Reasons to Evict a Section 8 Tenant
Under both California law and HUD regulations, you can evict a Section 8 tenant for "good cause." This includes:
- Non-payment of rent: The tenant's failure to pay their portion (not covered by the housing assistance payment)
- Repeated late rent payments: Habitually paying rent late, even if eventually paid
- Serious or repeated lease violations: Breaking rules outlined in your lease agreement
- Criminal activity: Drug-related activity or other criminal conduct on the property
- Property damage: Destruction of the rental unit
- Fraud: Unreported income, unauthorized occupants, or misrepresentation to the housing authority
Notice Requirements: The Key Difference
The biggest difference with Section 8 evictions is the notice period for no-fault terminations:
For Lease Violations (With Cause)
Use the same notices as any other tenant:
- 3-Day Notice to Pay Rent or Quit: For non-payment of the tenant's rent portion
- 3-Day Notice to Perform or Quit: For correctable lease violations
- 3-Day Notice to Quit: For serious violations (illegal activity, nuisance)
For No-Fault Terminations (Without Cause)
California Civil Code Section 1954.535 requires a 90-day notice for subsidized tenants when terminating without cause. This is significantly longer than the 30 or 60-day notice for non-subsidized tenants.
No-fault reasons include wanting to move into the unit yourself, removing the property from the rental market, or simply choosing not to renew after the lease term ends.
First-Year Restriction
Important: You cannot terminate a Section 8 tenancy for non-lease violations during the first year. After the initial lease term, you may serve a 90-day notice without stating cause—but you still must notify the housing authority.
Housing Authority Notification Requirement
This is where many landlords make mistakes. You must send a copy of any eviction notice to the local housing authority. Your notification should include:
- A copy of the notice served on the tenant
- The specific lease violations (with dates and examples)
- The section of the lease that was violated
- Documentation of any prior warnings or cure attempts
The housing authority is not a party to your lease and will not represent the tenant in court. However, they need to know about the eviction because it affects the tenant's voucher status.
The Section 8 Eviction Process
- Document the violation: Keep records with specific dates and details
- Serve proper notice: Use the correct notice type for your situation
- Send copy to housing authority: Include all supporting documentation
- Wait the notice period: 3 days for cause, 90 days for no-cause
- File unlawful detainer: If the tenant doesn't vacate, file your lawsuit
- Court hearing: Present your case (housing authority is not involved)
- Sheriff lockout: If you win, request the sheriff to remove the tenant
Common Mistakes to Avoid
- Forgetting to notify the housing authority: This can complicate your case
- Using a 30-day notice for no-cause termination: Section 8 requires 90 days
- Attempting no-cause termination in year one: You need valid cause during the first year
- Vague violation descriptions: Be specific with dates and lease sections
- Discriminating based on Section 8 status: California law (SB 329) prohibits refusing tenants because they use vouchers
AB 1482 Applies to Section 8 Tenants
Section 8 tenants are protected by California's Tenant Protection Act (AB 1482). This means:
- After 12 months, you need "just cause" to evict
- Rent control exemptions for subsidized housing do not apply to voucher holders
- You must follow all standard just cause eviction requirements
Timeline Expectations
Once you file the unlawful detainer, the court process is the same as any other eviction—typically 5-8 weeks for uncontested cases in Orange County. The main timeline difference is the longer notice period (90 days) if you're terminating without cause.
Get Help With Your Section 8 Eviction
Section 8 evictions require extra paperwork and careful attention to housing authority notification requirements. One missed step can delay your case or create legal exposure.
If you need to evict a tenant with a housing voucher, call 714-832-3651 to speak with an experienced eviction attorney who handles Section 8 cases regularly.