Evictions in Section 8 Housing
TMHA often gets questions from owners as to whether a Section
8 tenant can be evicted. The answer is yes; owners never lose
their right to evict a tenant for lease violations, including
failure of the tenant family to pay their portion of the rent.
Evictions are subject to provisions of ORC Tenant-Landlord
Law, and follow the same procedure for a Section 8 tenant
as for an unassisted tenant.
TMHA does not offer an opinion as to the merit of an eviction
action. That is the role of the court. As the party in
the middle, TMHA does advocate for both sides throughout
the action, and will attempt to be of assistance in offering
pertinent information, or advising either party of their rights
as specified in ORC. TMHA has occasionally testified in an
eviction action, if
The owner is required to give TMHA a copy of the Notice
to Leave the Premises form that is the first step in
the eviction. That gives TMHA a heads-up to the impending
action in the file.
TMHA will continue to enforce the HAP Contract, and make a
HAP payment throughout the eviction. As owner, you may wish
to have us hold the HAP payment during the eviction because
some judges will call the HAP payment rent, and
nullify an eviction action because the owner accepted it after
the eviction was filed. In this case we will restore the HAP
when the action is completed.
If the Section 8 tenant is successfully evicted, they are
automatically terminated from the Section 8 program for two
years. If not evicted, the lease and contract go on until
ended for some other reason.