My Problem Started After Failing The Section 8 Annual Inspection. After A Few Attempts To Correct The Problem, I Stilled Failed The Inspection. Section 8 Then Issued My Tenant Their Moving Papers. On October 14, 2006 My Tenant Gave Me Their 30 Day Notice Intent To Terminate Letter. It Is Now January 8, 2006 And The Tenant Is Still Here. Now Keep In Mind That The Tenants Lease Will Be Over On January 31, 2006. I Was Told That I Need To Issue The Tenant A Five Day Notice And Precede With The Evicition Process. But Now Should I Also Sue For Back Rent From The 1st Day Of The Expired 30 Day Notice, Because I Could Not Rent The Apartment Due To The Tenant Still Occupying The Apartment.
Please Help New Landlord

Your only recourse is to file for eviction and for back rent. You can sue and win but let's face it, she is unclollectible unless you had someone co-sign for her.

If a landlord fails a Section 8 inspection can the landlord immediately move to evicting the tenant after issuing the 5-day notice for failure to receive rent or does the landlord hath to fix whatever the problem was noted and not receive rent payments until the problem is fixed and passed the inspection .

I think you better check your lease agreement with Suction8, but I would think that since you have her termination notice you are good to go with the eviction. As far as fixing the apartment according to Suction8, you would be free not to. They can be pretty petty at times.