Simone Lawson
Understanding the grounds for lease termination is crucial for both landlords and tenants in HUD housing. While lease agreements outline the procedures for termination, it's important to know what constitutes other good cause for ending a tenancy. This can include a range of issues, from a tenant's failure to pay rent or fulfil their obligations, to criminal activity, disturbance of neighbours, or property destruction. Understanding these grounds is essential for all parties involved to protect their rights and ensure fair and legal lease terminations.
| Characteristics | Values |
|---|---|
| Failure to pay rent | Nonpayment of rent |
| Failure to fulfill a tenant's obligation | Failure to pay for unit damage caused by the tenant, a member of the household, or its guests (other than normal wear and tear); Disturbing the peaceful enjoyment of other residents; Engaging in criminal activity or alcohol abuse; Failure of a family member to comply with the program's community service or self-sufficiency work activity requirement |
| Drug-related criminal activity | Drug-related criminal activity engaged in on or near the premises by any tenant, household member, or guest |
| Violation of applicable Federal, State or local law | Violation of state and local law |
| Family history of disturbance | History of disturbance of neighbors |
| Destruction of property | Destruction of property |
| Living or housekeeping habits | Living or housekeeping habits that damage the unit or premises |
| Failure to accept the offer of a new lease or revision | Failure to accept a new lease or revision |
| Landlord's desire to use the property for personal or family use | Landlord's desire to use the unit for personal or family use |
| Business or economic reasons | Sale of the property, unit renovation, leasing at a higher rental |
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What You'll Learn
Repeated or serious violation of lease terms
- Failure to pay rent: This is a common issue and landlords must follow specific procedures, including providing a termination notice and allowing a grace period for tenants to pay the outstanding amount.
- Failure to fulfil tenant obligations: This includes failing to pay for damage caused by the tenant or their guests beyond normal wear and tear, disturbing the peaceful enjoyment of other residents, and engaging in criminal or prohibited activities.
- Non-compliance with program requirements: In public or Section 8 housing, this may include a family member's failure to comply with community service or self-sufficiency work activity requirements.
- Drug-related criminal activity: Landlords can terminate the tenancy if any tenant, household member, or guest engages in drug-related criminal activity on or near the premises.
- Health and safety concerns: If the actions of tenants or household members threaten the health or safety of other residents, employees, or nearby persons, the landlord may seek to terminate the lease.
It is important to note that the specific lease terms and local laws will determine the procedures for termination. Landlords must provide written notice of termination and follow the required notice period, which may vary depending on the situation. Tenants have the right to contest termination notices and seek legal recourse if they believe their rights have been violated.
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Violation of federal, state or local law
Violation of federal, state, or local law is a valid reason for lease termination in HUD housing. However, the lease termination date must be in accordance with state and local laws.
To terminate a lease, the landlord must provide the tenant with a written notice of termination, stating the specific grounds for termination and the date of termination. This notice must be served at or before the commencement of the eviction action, and the tenancy does not terminate before the landlord has provided this notice. The notice period may vary depending on the reason for termination. For instance, in cases of non-payment of rent, the termination notice must be effective no earlier than 30 days after the tenant receives it.
In the case of a violation of federal, state, or local law, the landlord must specify this in the notice of termination. This could include criminal activity, such as drug-related crimes, violent criminal activity, or felony convictions. It could also include a violation of obligations connected with the occupancy or use of the premises, such as disturbing neighbours, destroying property, or engaging in housekeeping habits that damage the unit.
It's important to note that the landlord cannot unilaterally evict a tenant. Eviction must be carried out through a judicial process under state and local law, and the tenant has the right to present a defence in court.
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Failure to pay rent
Non-payment of rent is a serious violation of the terms and conditions of a lease and can lead to termination and eviction. Landlords must provide tenants with a written notice of termination, which cannot be given before the day after the rent is due. Tenants must then be given at least 30 days to pay their outstanding rent before a formal judicial eviction is filed. This 30-day notification period is designed to give tenants time to pay their rent and avoid eviction.
The notice of termination must include instructions on how to cure the non-payment violation, including an itemized amount of rent owed, any other arrearages allowed by HUD, and the date by which the tenant must pay. The notice should also include information on how the tenant can recertify their income and apply for a hardship exemption. In the case of public housing residents, the notice should outline how tenants can request a change from a flat rent to an income-based rent.
If the tenant pays the full amount of rent owed within the 30-day notification period, the landlord must not proceed with filing an eviction. Additionally, if the tenant pays the full amount of rent owed but not the arrearages, the non-payment is still considered cured, and an eviction for non-payment of rent cannot be filed. It is important to note that the landlord can only evict a tenant after going through the court process and receiving an eviction order from the court.
While non-payment of rent is a valid reason for lease termination, landlords should be aware of their obligation to provide proper notice and follow the correct procedures. Tenants, on the other hand, should be aware of their rights and options to resolve the issue and avoid eviction.
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Criminal activity
Federal regulations provide broad guidelines for termination due to criminal activity, but individual housing authorities develop their own policies within those guidelines. The lease must specify that the owner may terminate tenancy for criminal activity by a covered person, which can include tenants, household members, or guests.
Drug-related criminal activity on or near the premises is a specific concern. The lease must provide that drug-related crimes are grounds for termination, and landlords must follow the court process for eviction. The production or manufacture of methamphetamine on federally assisted housing premises is a clear-cut reason for termination.
Violent criminal activity is also a serious issue. The lease must address this, and the housing authority must have a policy on how to handle such incidents. Violent criminal activity includes felony convictions, and the lease may allow for termination if a tenant is fleeing prosecution or has violated parole.
Other criminal activities that threaten the health, safety, or peaceful enjoyment of the premises by residents and nearby persons can also be grounds for termination. This includes criminal activity by a covered person, such as a tenant, household member, or guest, that affects those living in the immediate vicinity.
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Landlord's desire to use the unit for personal or family use
A landlord may terminate a tenancy for several reasons, including serious or repeated violations of the terms and conditions of the lease, such as failure to pay rent or causing property damage. After the initial lease term, other "good cause" for termination can include the landlord's desire to use the unit for personal or family use. This means that the landlord intends to occupy the unit themselves or provide housing for their family members.
In such cases, the landlord must follow specific procedures to end the tenancy. Firstly, they must provide the tenant with a written notice of termination, specifying the grounds for termination. This notice should be given before or at the commencement of the eviction action. The notice period may vary depending on local laws and the reason for termination, but it generally should not exceed 30 days.
It is important to note that the landlord cannot unilaterally decide to terminate the tenancy based solely on their desire to use the unit for personal or family reasons. They must adhere to the lease terms, state laws, and any additional protections or restrictions outlined by the local Public Housing Agency (PHA). Both the landlord and tenant are typically required to provide the PHA with a copy of the termination notice.
Additionally, the landlord must go through the court process to legally evict the tenant. Serving a termination notice is not sufficient to evict a tenant; only a court can order an eviction. The landlord cannot take unilateral actions such as changing the locks or discontinuing essential services like water or electricity. Tenants have the right to contest the termination in court, even if they initially failed to object to the termination notice.
While the landlord's desire for personal or family use of the unit can be a valid reason for termination, it should be exercised within the framework of applicable laws and regulations. Tenants have rights and protections, and landlords must follow the required procedures to ensure a lawful termination of tenancy and eviction, if necessary.
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Frequently asked questions
"Other good cause" can include a family history of disturbance of neighbours, destruction of property, or living or housekeeping habits that damage the unit or premises.
Landlords must provide tenants with written notice of any termination of the lease. The notice period may vary depending on the reason for termination. If the termination is due to failure to pay rent, the notice period is 30 days.
Grounds for termination include serious or repeated violations of the terms and conditions of the lease, such as failure to pay rent or causing damage to the unit. Other grounds include violation of applicable federal, state or local law, and using the property for an unlawful purpose.
The landlord must serve a written notice of termination of tenancy to the tenant, stating the date the tenancy shall terminate. The tenant has the right to present a defence in a judicial proceeding for eviction. If the tenant fails to object to the termination notice, they do not waive their right to contest the termination in court.
Tenants in HUD-owned or subsidised projects have certain protections. For example, the landlord must not provide a termination notice before the day after the rent is due according to the lease. If the tenant pays the alleged amount of rent owed within the notification period, the landlord must not proceed with filing an eviction.
