Landlord Problems With Section 8: Lease Violations, Repairs, and What You Can Do

When you rent with a Housing Choice Voucher (Section 8), you have two sets of rules to worry about:

1. Your lease with the landlord
2. The voucher program rules through your local housing authority

If your landlord is not making repairs, is violating the lease, or is threatening your housing, it can be confusing to know where to turn.

This guide explains how landlord issues usually work under Section 8, what tenants are responsible for, what landlords and housing authorities are responsible for, and practical steps you can take through official channels.

HowToGetAssistance.org is not a government office, landlord, or housing authority. This article is general information to help you understand typical processes so you can better work with your local housing agency and other official resources.

How Section 8 Rental Relationships Usually Work

With a Housing Choice Voucher, there are usually three key parties involved:

• You (the tenant)
• The landlord
• The Public Housing Agency (PHA) – often called the housing authority or local housing agency

There are usually two main agreements:

1. Lease between you and the landlord
   • Covers rent amount, rules, responsibilities, and what counts as a lease violation.
2. Housing Assistance Payments (HAP) contract between the landlord and the PHA
   • The landlord agrees to follow program rules, including Housing Quality Standards (HQS).

Because of this three-way arrangement, problems can be handled in different ways depending on whether the issue is:

• A lease issue (like late rent or noise complaints)
• A repair / safety issue (like broken heat or unsafe wiring)
• A program rule issue (like unauthorized people living in the unit)

Knowing which type of issue you’re facing will help you decide who to contact first and what to say.

Common Landlord Lease Violations Under Section 8

A landlord can violate your lease or program rules just like a tenant can. Typical landlord issues include:

• Not making required repairs or failing inspections
• Entering your unit without proper notice (where state law requires notice)
• Raising rent improperly or without required approval
• Harassing or threatening you
• Illegal lockouts or “self-help” evictions
• Discrimination based on protected characteristics
• Refusing to follow the HAP contract or HQS standards

Your rights will depend on your state and local laws and your lease terms, but there are some common steps Section 8 tenants can take.

Repairs and Housing Quality Standards (HQS)

What HQS Usually Require

Most Section 8 units must meet Housing Quality Standards, which generally include:

• Working heat, hot water, and electricity
• Safe plumbing and running water
• No serious leaks, mold, or major structural damage
• Secure windows and doors
• No major pest infestations
• Working smoke detectors

The housing authority typically inspects the unit before you move in and then periodically (often annually) or when you report a serious problem.

Who Is Responsible for Repairs?

Responsibility depends on what caused the problem and what your lease says, but commonly:

• Landlord responsibilities (typical examples):

  • Structural issues (roof leaks, broken steps, unsafe porches)
  • Major plumbing and electrical problems
  • Heat and hot water systems
  • Broken windows/doors not caused by tenant damage
  • Pest control in multi-unit buildings

• Tenant responsibilities (typical examples):

  • Damage beyond normal wear and tear
  • Cleanliness and trash removal inside the unit
  • Notifying landlord about problems promptly

Your lease and your PHA’s rules outline this more clearly. You can call your local housing authority to ask who is responsible for particular types of repairs under your voucher.

What To Do When the Landlord Won’t Make Repairs

If your landlord is ignoring repair requests and you have a Housing Choice Voucher, you typically have two tracks:

• The normal tenant route (state/local landlord–tenant law)
• The Section 8 / PHA route (HQS and program rules)

You can usually use both at the same time.

Step 1: Document the Problem

Start documenting right away:

• Take clear photos or videos of the issue and surrounding area.
• Write down:
  • When the problem started
  • How it affects your health or safety (no heat, leaks, electrical hazards, etc.)
  • Any previous attempts to get it fixed

Keep everything together in a folder or notebook, including dates and names of anyone you spoke with.

Step 2: Notify Your Landlord in Writing

Send a written repair request, even if you’ve already called or texted.

Include:

• Your name, address, and unit number
• A clear description of the issue
• Why it’s urgent (if it affects health/safety)
• A reasonable deadline (for example, 3–7 days for serious issues, more time for nonemergencies depending on local law)

Use a method where you can prove it was sent, such as:

• Email (keep a copy)
• Certified mail (keep the receipt)
• Landlord’s online portal (screenshot your message)

Step 3: Contact Your Local Housing Authority (PHA)

If the landlord still does not respond or the problem is serious (no heat, major leaks, exposed wiring, etc.):

1. Call your PHA (the housing authority that issued your voucher).
2. Explain that you are a voucher holder and describe:
   • The repair problem
   • How long it has gone unfixed
   • How it affects health, safety, or HQS

Ask if you can file a complaint or request an inspection.

The PHA may:

• Schedule a special inspection
• Notify your landlord of required repairs
• Set deadlines for the landlord
• Withhold payments to the landlord if they do not fix the issues
• In some cases, allow you to move with your voucher if the landlord refuses to correct serious violations

Step 4: Follow Any Local Legal Processes

In many states, tenants who are not getting essential repairs may have options under landlord–tenant law, such as:

• Asking a court to order repairs
• Withholding rent through a legal process
• Paying for repairs and deducting costs (only where allowed and usually with strict rules)

These options can be risky if not done properly. It is often wise to:

• Call legal aid, a tenant hotline, or a local housing counseling agency
• Ask specifically how repair issues work when you have a Section 8 voucher in your state

Lease Violations: When the Landlord Says You Broke the Rules

Under Section 8, lease violations are serious because they can:

• Lead to eviction
• Result in voucher termination if the housing authority finds a serious or repeated violation

Common alleged violations include:

• Nonpayment of rent
• Unauthorized people living in the unit
• Damage to the unit
• Drug or criminal activity
• Repeated noise complaints or disturbances

What To Do if You Receive a Lease Violation Notice

1. Read the notice carefully

   • What exactly are you accused of?
   • Are there dates, times, and details, or is it vague?

2. Check your lease and house rules

   • Does the notice match an actual requirement in your lease?
   • For example, visitor rules, guest stay limits, or pet rules.

3. Contact your landlord in writing

   • If you believe the notice is incorrect or incomplete, respond politely but clearly.
   • Ask for specifics and state your side in writing.

4. Notify your housing authority

   • Call your PHA and let them know you’ve received a lease violation notice.
   • Ask:
     • Whether you should send them a copy of the notice
     • How this could affect your voucher
     • Whether there will be a separate Section 8 hearing if termination is requested

5. Seek legal advice quickly

   • Many areas have legal aid organizations that help low-income tenants at no cost.
   • Ask about your rights as a Section 8 tenant and how to respond if an eviction is filed.

Evictions With a Housing Choice Voucher

Can You Be Evicted If You Have Section 8?

Yes. Voucher holders can be evicted, but the landlord usually has to follow:

• State and local eviction laws, and
• The terms of your lease

Most housing authorities require:

• Good cause for eviction (such as serious or repeated lease violations), and
• Proper written notice and, in many places, a court order

Typical Eviction Process (Varies by State)

While details vary, a common sequence is:

1. Notice from landlord
   • For example: a pay-or-quit notice for unpaid rent, or a cure-or-quit notice for other violations.
2. Time to fix the issue or move
   • You may get a few days to several weeks depending on local law and the type of violation.
3. Court filing (if issue not resolved)
   • The landlord can file an eviction case in court.
4. Hearing
   • You may have a chance to explain your side. Having documentation and legal help can be very important.
5. Judgment
   • If the landlord wins, the court may set a move-out date.
6. Enforcement
   • A sheriff or other official may enforce the eviction if you do not move by the court-ordered date.

The housing authority often waits to see what happens in court before deciding what to do with your voucher.

How Landlord Problems Can Affect Your Voucher

Landlord issues can impact you in several ways:

• If the landlord fails inspection and refuses to fix issues:

  • The PHA may stop paying the landlord.
  • If the unit becomes “not in compliance” and is not fixed, the PHA may allow or require you to move with your voucher (if possible).
  • You are typically not penalized if the problem is clearly the landlord’s fault.

• If you are evicted for serious lease or program violations:

  • The housing authority may start a process to terminate your voucher.
  • You usually have the right to a hearing (sometimes called an informal hearing) where you can present evidence.

• If you leave the unit without notice or break your lease:

  • The landlord may report this to the PHA.
  • The PHA may review whether it counts as a program violation.

Whenever a serious landlord issue arises, it is usually best to:

• Call your housing authority early
• Ask how the situation might affect your voucher
• Request information on your rights and responsibilities under your specific voucher program

When the Landlord Violates the HAP Contract or Program Rules

Sometimes the landlord’s actions go beyond a simple lease issue and may violate Section 8 program rules, such as:

• Asking you to pay extra “side payments” beyond the approved rent portion
• Refusing to maintain basic HQS standards once they’re aware of serious problems
• Trying to discriminate against you for using a voucher (in some states and cities, this is illegal “source of income” discrimination)
• Retaliating against you for contacting the PHA or organizing with other tenants

You can usually:

1. Document everything (emails, texts, notices, audio/video where legally allowed).
2. Contact your PHA and calmly explain:
   • That you are a voucher holder
   • What the landlord is doing or demanding
   • What proof you have
3. Ask whether you can file a landlord complaint or request a review of the landlord’s conduct under the HAP contract.

In some serious cases, PHAs may:

• Investigate the landlord
• Stop sending payments
• Bar the landlord from future participation in the program

This depends on local policies, so asking your local housing authority how they handle complaints about landlords is important.

Who To Contact for Common Landlord Issues (Quick Reference)

Local names may differ (housing commission, housing department, etc.), but your voucher paperwork or approval letter usually lists your PHA’s name and contact information.

How To Find Your Local Housing Authority or Correct Office

Because procedures vary by state, county, and city, it’s important to confirm you’re dealing with the right office. You can typically:

• Check your voucher documents for a housing authority or PHA name and phone number.
• Call 211 (where available) and ask for your local housing authority or Section 8 office.
• Contact your city or county housing department and ask which agency manages the Housing Choice Voucher Program in your area.

Always verify that you are speaking to an official housing authority and not a private company charging fees for basic information.

Typical Documents To Gather When You Have Landlord Problems

Having paperwork ready often makes it easier when you talk to a housing authority, legal aid, or the court. Common helpful items include:

• Your lease agreement and any renewal documents
• Housing authority paperwork, including:
  • Voucher approval letter
  • Any HAP contract information you were given
  • Inspection notices or violation letters
• Written communication with the landlord:
  • Emails, texts, letters about repairs or complaints
  • Notices of rent changes, lease violations, or nonrenewal
• Photos or videos of:
  • Repair issues
  • Conditions that feel unsafe or unsanitary
• Police reports or incident numbers (if harassment, threats, or illegal lockouts occurred)
• Court papers if an eviction has already been filed

Organize these by date. It can be helpful to keep a timeline of what happened, including who you spoke with at the PHA and when.

What Happens After You Report a Problem to the Housing Authority?

While each housing authority runs its program a bit differently, common steps include:

1. Intake / complaint recorded

   • Staff may ask you questions and make notes in your file.
   • They might request copies of your lease, letters, or photos.

2. Inspection scheduled (if repair-related)

   • An inspector may visit your unit to check for HQS violations.
   • They may give the landlord a written list of required repairs and a deadline.

3. Notice to landlord

   • The PHA usually notifies the landlord of issues and expectations.
   • Noncompliance can lead to payment reductions or termination of the HAP contract.

4. Follow-up

   • If the landlord fixes the issues, payments may continue as normal.
   • If not, the PHA may:
     • Stop paying the landlord
     • Allow you to move with your voucher (if funding and rules permit)
     • Take further action against the landlord

5. Possible informal hearing

   • If a landlord’s complaint leads the PHA to consider ending your voucher, you usually receive a written notice and a chance to request an informal hearing.
   • You can generally:
     • Bring evidence
     • Tell your side
     • Sometimes bring a representative or attorney

Always read PHA notices carefully; they typically list deadlines to request a hearing or submit more information. Missing a deadline can limit your options.

Common Reasons Section 8 Tenants Face Delays or Problems Resolving Landlord Issues

Some of the most common challenges include:

• Not reporting serious issues early
  • Waiting too long to notify the housing authority about major problems.
• Lack of written proof
  • Relying on phone calls and verbal conversations only, without written documentation.
• Not opening or responding to PHA mail
  • Missing inspection notices, hearing notices, or requests for information.
• Not understanding local eviction procedures
  • Moving out too early or too late without knowing how it affects the voucher.
• Assuming all repairs are the landlord’s responsibility
  • Tenants may be responsible for certain damages or cleanliness issues under the lease and program rules.

Staying organized, reading notices, and asking questions early can often prevent bigger problems.

How Reviews, Appeals, and Hearings Usually Work

If the housing authority makes a decision that affects your voucher (for example, a proposed termination), they typically send a written notice explaining:

• The reason for the decision
• Your right to an informal hearing or review
• The deadline to request that hearing (often 10–30 days, but it varies)

At a hearing, you can usually:

• Present your side of the story
• Bring documents or witnesses
• Point out errors or misunderstandings

If you are dealing with an eviction at the same time, your court case and PHA hearing are usually separate. Ask:

• The court about your rights in the eviction case
• The PHA about your rights in the voucher/program case

Legal aid providers often help tenants prepare for both.

Alternatives and Backup Options if Your Housing Situation Becomes Unstable

If landlord problems, evictions, or voucher issues put your housing at risk, you may want to explore:

• Emergency shelters or housing hotlines through your city or county
• 211 for referrals to local rental assistance, mediation, or housing counseling
• Public housing or other subsidized housing programs through your local housing authority
• State or local rental assistance programs (sometimes separate from Section 8)
• Nonprofit organizations that help with:
  • Security deposits
  • Moving assistance
  • Short-term rent help

Availability varies widely by location, so contacting your local housing authority, county human services office, or 211 is often a good starting point.

Scam Avoidance and Verifying You’re Using Official Channels

Because Section 8 is a government-funded program, it can sometimes attract scams. When dealing with landlord problems or trying to move with your voucher, keep these tips in mind:

• Do not pay anyone to:
  • Apply for a voucher
  • Get “priority” on a waitlist
  • “Fix” a voucher problem
• Verify offices:
  • Use phone numbers listed on your voucher paperwork, official government directories, or by calling city/county offices directly.
• Be cautious of social media offers:
  • Listings that promise “instant approval,” “guaranteed vouchers,” or ask for fees up front may not be legitimate.
• Keep your personal information secure:
  • Do not share your Social Security number, full date of birth, or full voucher number unless you are sure you are speaking with an official housing authority or government office.

If something seems suspicious, you can:

• Call your local housing authority directly using a number you know is official.
• Ask if the communication you received is really from them.

When you have landlord issues while using a Housing Choice Voucher, you are not alone. Understanding your lease, your voucher rules, and who to contact—your landlord, your housing authority, legal aid, or other local resources—can help you protect both your home and your voucher.