Section 8 Existing Housing: Evictions
by: Northwest Justice Project
As a participant in the Section 8 Existing Housing Program you have greater protection against evictions than most tenants. You also have more to lose if your Section 8 Certificate or Voucher is terminated because of a dispute with your landlord. This publication explains what you should do if you are given an eviction notice or decide to terminate your lease.
If you are given an eviction notice, you should talk to a lawyer to find out whether you can stop the eviction and what steps you should take to protect your Section 8 assistance. If you cannot afford a lawyer, you may be eligible for free legal representation from your local legal services office.
As a result of recent changes enacted by Congress, the Housing Authority will no longer require landlords to use a Section 8 lease drafted by the agency. Instead, the landlord will have to use the same lease or rental agreement that they use for all their tenants whether they participate in the Section 8 program or not. The Housing Authority should review the proposed lease to make sure that it complies with State and local law and may decline to approve the proposed tenancy if it does not. The landlord will be required to enter into an "addendum" to their standard lease setting forth word for word specific language governing the termination of Section 8 leases.
Due to recent changes in the law, landlords may be able to terminate a Section 8 lease at the end of the initial term without cause unless local law provides differently. As a result, the length of the initial term of the lease has become more important. The longer the term, the greater the protection a tenant has against rent increases and evictions without cause. A short term lease provides very little protection against rent increases or evictions.
The initial term of the lease should be for one year, except where: (1) the landlord uses a shorter term for all his or her tenants; (2) the Housing Authority makes a determination that a shorter term would improve housing opportunities for the tenant; and (3) the Housing Authority finds that a shorter term is the prevailing local market practice.
When the initial term of the Section 8 lease expires, the tenant and landlord may sign a new lease or decide to terminate their relationship. In some cases, the lease may provide that it will renew for another term unless one party gives notice to the other. If the lease does not have any renewal provisions and the tenant holds over and pays rent and the landlord accepts it, the tenancy will continue indefinitely on a month-to-month basis. The terms of the tenancy will be the same as set forth in the original lease unless the parties agree otherwise or the landlord provides thirty (30) days written notice changing the terms of the tenancy.
Your landlord may not terminate your Section 8 lease during its initial term except for:
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A serious or repeated violation of your lease;
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Violation of federal, state, or local laws which impose responsibilities on you as a tenant; or
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Other good cause.
During the initial term of any Section 8 lease, your landlord can only terminate your tenancy for "good cause" when you do something wrong. Most criminal activity is considered "good cause" to terminate a Section 8 lease.
After the initial term of a Section 8 lease "good cause" can be based on any of the following grounds:
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Your failure to accept the offer of a new lease;
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Your landlord's desire to use the unit personally or for someone in his family, or to convert it to nonresidential use; or
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Your landlord's desire to sell the unit, renovate it, or to rent it at a higher rent.
As a result of recent changes enacted by Congress, your landlord, except as prohibited by state or local law, may be able to terminate your tenancy without cause at the end of the initial term of your lease. To take advantage of this change, your landlord may be required, however, to modify your current lease. You should review your lease to see when it can be modified. A tenant's refusal to accept the offer of a new or revised lease can be other good cause to terminate your tenancy.
You should talk to a lawyer if your landlord claims they can terminate your tenancy without cause because your lease has expired.
Ordinarily, a family cannot terminate its Section 8 lease without their landlord's consent during the initial term of the agreement. The Washington Residential Landlord Tenant Act, RCW 59.18, recognizes certain exceptions to this rule. If you want to move during the initial term of your Section 8 lease, you should try to get written permission from your landlord to do so. If your landlord refuses to give you permission, you should discuss the matter with a lawyer to see whether you have grounds to terminate your lease early.
After the initial term of the Section 8 lease, you may terminate your lease without any reason if you give your landlord adequate written notice before moving. The length of the notice may be set forth in the lease and should not exceed 60 days. If the lease does not specify the length of the notice, you must provide 20 days written notice prior to the end of the month or period you are renting for. You must give the Housing Authority a copy of the notice at the same time that you deliver it to your landlord.
You must always notify the Housing Authority and your landlord before moving. If you fail to do so, you could lose your Section 8 assistance.
A landlord and tenant can agree to terminate their Section 8 lease at any time. This agreement should be in writing. You should make sure that a copy is given to the Housing Authority. Some Housing Authorities restrict the number of times you can move in one year. You should check with the Housing Authority before making an agreement with your landlord. If you move without notifying the Housing Authority, you could lose your Section 8 Certificate or Voucher.
The Housing Authority may terminate its Section 8 Housing Assistance Contract when a landlord violates his or her obligations under the Section 8 Existing Housing Program. For example, the Housing Authority can terminate the contract when the dwelling unit does not meet the Section 8 Housing Quality Standards. The Housing Authority should notify you and the landlord in writing before terminating the contract. Ordinarily, you cannot appeal the Housing Authority's decision to terminate its contract with your landlord. The Housing Authority should, however, give you a chance to move elsewhere.
A Housing Authority can terminate your Section 8 assistance for violating your obligations under the program, including your duty to report changes in household income and family composition. Under new HUD regulations, the Housing Authority may also terminate your assistance for certain housing quality standard violations and serious or repeated violations of the lease.
If the Housing Authority terminates your Section 8 assistance, you should ask for a hearing and immediately contact a lawyer for assistance. See our publication Section 8 Certificates and Vouchers: Denial or Termination of Benefits.
Your landlord must notify you in writing when terminating your Section 8 lease. Although the notice must include certain information, it need not be typed or notarized. Your landlord's reasons for terminating your tenancy will determine the type and length of notice that must be given. For example, if your landlord is evicting you for nonpayment of rent, he must give you a three-day notice to pay the rent or move out.
You should discuss any notice you receive with a lawyer to determine whether it complies with the requirements of federal, state and local law and your Section 8 lease.
Your landlord must notify the Housing Authority when he or she begins procedures to terminate your lease. A landlord may do this by simply giving the Housing Authority a copy of the eviction notice. However, the Housing Authority does not have the authority to approve or disapprove an eviction. The Housing Authority cannot stop your landlord from evicting you.
Under the Washington Residential Landlord-Tenant Act, your landlord may not legally remove or exclude you from your apartment without a court order. It is unlawful for a landlord to lock you out, shut off your utilities, or to take or detain your personal property. You should call your local law enforcement agency and a lawyer if your landlord tries to evict you without a court order.
If you decide not to move, your landlord must file a lawsuit. You have the right to defend the lawsuit if you disagree with your landlord's decision to evict you. Before deciding whether to defend an eviction lawsuit you should talk to a lawyer. See our publication Eviction and Your Defense which has instructions and the forms which you will need to represent yourself in an eviction lawsuit.
Your landlord will start a lawsuit by serving a Summons and Complaint on you. You must respond to the papers by the stated deadline in the Summons or you will lose the lawsuit by "default" and be evicted without a court hearing. To avoid a default, you should always serve a copy of the Notice of Appearance or Answer on the lawyer representing the landlord (or the landlord if the landlord has no lawyer). You may also be required to pay your rent to the Court Clerk, to file additional papers and to appear at a hearing. If you respond to the papers properly, the court will decide whether or not you must move.
You should continue to pay your rent if you decide to fight an eviction. The Housing Authority must continue to make housing assistance payments to your landlord unless you move out or your landlord instructs the Housing Authority to stop its payments. You should let the Housing Authority know if you intend to fight the eviction. Your landlord may not refuse your rent if paid on time and then evict you for nonpayment of rent. If your landlord refuses to accept your rent, do not spend it. You will have to pay rent in order to stop the eviction. You cannot be held responsible for the Housing Authority's share of the rent.
If you lose an eviction lawsuit, the court will issue an order called a Writ of Restitution requiring you to move. The court will also enter a judgment against you for unpaid rent, court costs, and reasonable attorney's fees. Your landlord will have at least ten years to attempt to collect the judgment.
The Sheriff's office will deliver the Writ of Restitution to you personally or post it on your door within one to two days after the judgment is entered. The Writ will inform you when you must move and the date the sheriff will return. If you are still on the premises when the sheriff returns, then the sheriff will supervise the removal of you and your belongings from your apartment. You may be threatened with an arrest or arrested if you interfere.
Before moving you must inform the Housing Authority in writing or you may be terminated from the Section 8 Existing Housing Program. You should also take the steps described below to protect yourself against a damage or vacancy claim.
You can protect yourself against a damage or vacancy claim by taking four simple precautions:
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Carefully inspect the home or apartment before moving in. You should make sure that all preexisting damages are shown on a written checklist signed by your landlord and that you are given a copy of the checklist.
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Before you move, restore the premises to its initial condition except for reasonable wear and tear or conditions caused by your landlord's failure to maintain the premises.
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Make sure you have witnesses, pictures, or other proof of what condition your home or apartment was in when you moved. If possible, ask the Housing Authority to do an "exit" inspection. You should be present during the inspection and insist that they do a thorough job. In particular, ask the inspector to check all appliances, carpeting, walls and drapes.
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Do not move without written permission from your landlord except after talking to a lawyer.
You have the right to challenge the claim through the Housing Authority's informal hearing procedure. You should ask the Housing Authority for a copy of its hearing procedures. You must act quickly or you may lose your right to fight the claim. See our publication Section 8 Damage and Vacancy Claims for more information.
This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific legal advice.
This information is current as of the date of its printing, August 1999.
© 2004 Northwest Justice Project.
1-888-201-1014, TTY 1-888-201-9737
(Permission for copying and distribution granted to the Washington State Access to Justice Network and individuals for non-commercial use only.)
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