Section 8 Eviction in Florida: HUD Rules + State Process
Evicting a Section 8 (Housing Choice Voucher) tenant follows Florida's normal Chapter 83 process — but layered on top are HUD/PHA notification rules, "good cause" termination requirements, and HAP contract obligations. Get any layer wrong and you can lose voucher participation entirely.
Same Florida statutory notices (3-Day, 7-Day, 15-Day) — but you must also (1) serve a copy on the local PHA at the same time, (2) demand only the tenant's portion of rent, never the full HAP-subsidized rent, and (3) cite a HUD-recognized "good cause" if you're not renewing past the initial term. Procedural mistakes can cost your voucher participation, not just the case.
The two-layer rule
A Section 8 eviction in Florida is governed by TWO sets of rules simultaneously. You must comply with both.
Florida state law
Same as any Florida residential eviction:
- 3-Day Notice for non-payment (Fla. Stat. § 83.56(3))
- 7-Day Notice for lease violation (§ 83.56(2))
- 15-Day Notice to terminate month-to-month (§ 83.57(3))
- File at county courthouse, $185 filing fee
- Same writ of possession process
HUD / HAP contract rules
Federal Housing Choice Voucher requirements (24 C.F.R. § 982):
- Copy of every notice served on the PHA
- Demand only tenant portion of rent — not HAP portion
- Good cause required after initial term
- HAP contract terminates when tenant moves
- PHA may inspect for "fault" before continuing voucher
Common Section 8 eviction scenarios
Tenant stopped paying their portion ($200/mo of $1,800 rent)
Most common scenario. Serve a 3-Day Notice demanding only the $200 (NOT the $1,800 — that's the HAP portion already paid by Miami-Dade Public Housing). Copy the PHA on the notice. After 3 business days, file the eviction normally. PHA continues paying its portion until the tenancy actually ends.
Tenant violated the lease (unauthorized occupant, criminal activity, drug use)
Serve a 7-Day Notice of Noncompliance. For criminal/drug activity in particular, HUD considers this 'serious or repeated violation' under 24 C.F.R. § 982.310 — automatic good cause. Copy the PHA. The PHA may also terminate the voucher independently after the tenant's removal.
Initial 1-year lease ending — you don't want to renew
If the initial term has passed, federal good-cause requirements kick in. 'No cause' non-renewal is generally not allowed. Acceptable reasons: business or economic reason for terminating, history of late payments, lease violations, criminal activity. Document the reason in writing AND serve the proper Florida notice (typically 60-day non-renewal under your HAP contract).
Tenant moves out voluntarily
HAP contract terminates the day the tenant vacates. Notify the PHA in writing within 10 days. Final HAP payment is prorated. You're free to re-rent (as Section 8 or market) without restriction.
Some Florida cities (including Miami Beach, North Miami) previously had source-of-income anti-discrimination ordinances protecting Section 8 tenants from refusal to rent. Florida HB 1417 (effective July 1, 2023) preempted these. Statewide, landlords are not required to accept vouchers — but if you DO accept, the HUD/PHA rules above apply in full and you cannot evict for retaliation reasons.
Miami-Dade PHA contact for notice copies
Related guides
Authoritative Florida resources
Primary sources for statutory text, court procedures, and licensed legal help.
- Florida Statutes Chapter 83Florida Residential Landlord and Tenant Act — full statutory textflsenate.gov
- Miami-Dade Clerk: Civil & Family CourtFiling fees, e-filing portal, courthouse detailsmiamidadeclerk.gov
- Miami-Dade Sheriff: EvictionsWrit of possession service procedures and Sheriff coordinationmiamidade.gov
- Florida Bar Lawyer Referral ServiceLocate a Florida-licensed eviction attorneyfloridabar.org
FAQ
Do I need a different notice for a Section 8 tenant in Florida?
No — the Florida statutory notices (3-Day for non-payment, 7-Day for lease violation, 15-Day for month-to-month termination) still apply. But you also have HUD/PHA notification obligations. You serve the same notice to the tenant AND copy the local Public Housing Authority (PHA).
Can I evict a Section 8 tenant for non-payment of just their portion?
Yes, but only the tenant's portion of rent is collectible from the tenant — never the PHA portion. Your 3-Day Notice must demand only the tenant share. Demanding the full rent voids the notice.
What is "good cause" for terminating a Section 8 lease?
After the initial lease term, federal law requires good cause for non-renewal of an HCV tenancy. Good cause includes: serious lease violations, criminal activity, and "good cause" as defined in the lease. "No cause" non-renewal is generally not permitted in continuing Section 8 leases — this is the biggest difference from a market-rate Florida tenancy.
Will I lose my Section 8 status if I evict improperly?
Yes. PHAs revoke landlord participation for repeated procedural failures, fraud, or evicting in violation of the HAP contract. Most PHAs also keep landlord blacklists shared informally with sister agencies. The financial cost of losing voucher participation often exceeds the cost of one bad eviction.
Can the PHA stop me from evicting?
No. PHAs cannot block a state-court eviction. But the PHA can terminate the HAP contract if you fail to follow procedures, leaving you to collect 100% of rent from the tenant directly — which is impossible in most cases. Coordinate with the PHA early.
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