Removing a section 8 tenant with out cause or with cause
Member since 2020 · 11 posts · 0 votes
I have a long term section 8 tenant in a SFH in California. Tenant has been month to month. I was told by the PM you can give the tenant 90 days to vacate without cause. I just want the tenant to leave and take all thier belongings.
The reality is that the property has not been cared for (debris, vegetation in/around house), unauthorized dog, leading to the house to no be insurable.
Must we give them opportunity to fix the problems, if they do not comply, then serve the 90 days to evict? The old PM was not issuing any letters to the tenant and only verbally telling them to clean up. We have since gotten a new PM and she says that if you give tenants time to fix things, and often they do and then revert back to their old ways, it could delay the process.
I realize that once we give them 90 days, the housing authority is notified, then after 90 days if the tenant does not leave and they may put their voucher at risk.
Does section tenants fall under TPA (Tenant Protection Act?)
I find direct communication with the tenants is always the best way to get issues resolved. In this case, your PM should find out what it is that's causing them to delay maintenance on the house. Maybe someone passed, they were recently injured, etc. There could be a valid reason and they may just need a strong warning/demand. More so than what your old PM gave them.
It seems like in your case, they've been stalling for quite a while. If the home is not insurable and your policy is running out, I'd serve that 90 day notice without case immediately. Section tenants need 90 days as opposed to a 60 day notice. You'll need to notify both the tenant and the Housing Authority in writing. If TPA applies you may need to assist with relocation and you will need just cause, I'd confirm with the Housing Authority for your specific property. You're correct about their voucher being at risk if they fail to find housing within a specified amount of time. The HA will usually give them a moving voucher once you serve the 90 day notice.
You can always refer to AB 1482 since you're in San Jose.
In my experience Section 8 is only a way to help the tenant financially in paying all or a portion of the rent. It gives the tenant no additional rights than any other tenant would have. The tenant has to abide by the lease just like anybody else.
Hey Becky — I feel for you, this kind of situation is frustrating, especially when you’re trying to do things the right way and your PMs haven’t really helped.
First off, I’d ask: what are you paying your PM for? The old one clearly dropped the ball, and it sounds like the new one might be a bit hands-off too if you're having to turn to BP for clarity. A good PM should walk you through the correct legal process and be proactive about protecting your asset.
I’m not in CA, but I’m in NJ — which is also very tenant-friendly — and I can tell you that while the law might say you can evict for cause, in reality, it’s not always so straightforward. In court, judges are usually hesitant to go all the way to eviction over things like debris, unauthorized pets, or even a Section 8 tenant making the property “uninsurable.” So even if it’s technically valid, it may not shake out that way in front of a judge.
That said, it’s still important to document everything and get the process moving in writing. Verbal warnings don’t count. I’d recommend:
Have your PM issue a formal notice to cure (or quit), citing the specific issues — unauthorized pet, debris, etc.
Copy the Section 8 caseworker on the notice, and ask them to keep you looped in on any action they take.
Open up a dialogue with the tenant — let them know you don’t want to go down the eviction path, but these things have to be corrected or you’ll have no choice but to move forward.
Let them know (gently) that if it goes to court, it could put their voucher at risk. Sometimes that’s enough to get cooperation.
I’ve seen situations where tenants clean up just enough to avoid eviction and then revert, so I get what your new PM is saying — but you can’t really skip the “cure” step if you’re hoping to build a strong case.
TPA does apply in most parts of CA, but if you have just cause, like lease violations or safety issues, it can still be a valid route. That said, your PM should really be helping you navigate the local process step-by-step, including any notice formatting, relocation assistance requirements, etc.
At the end of the day, give them a fair chance to fix it, document your effort, and be ready to escalate if needed. But definitely make sure your PM is earning their fee — because it sounds like they’ve left you doing all the legwork here.