2.10.2 Procedure

All Section 8 HCVP participants and landlords are bound not only by the lease drafted by the landlord but also by the standard HUD Tenancy Addendum that by law is incorporated into all HCVP leases. A Section 8 landlord must give a written notice of lease termination that specifically states the grounds for the eviction. The notice must be given prior to the commencement of the eviction action. Five-day notice is required for evictions based on lease violations; the notice period for evictions due to nonrenewal of the lease depends on the time stated for non-renewal in the lease. Failure to provide this notice will result in a premature eviction action, which can be dismissed on an exception of prematurity. While Louisiana law allows for the waiver of notice before the commencement of eviction action, the HUD Tenancy Addendum arguably forbids such waivers.1

Currently, the Coronavirus Aid, Relief, and Economic Security (CARES) Act requires 30-day notice of eviction for nonpayment if the property receives a federal subsidy.2

• 124 C.F.R. § 982.310(e)(1)(i).
• 215 U.S.C. § 9058(c).