Tenancy may be terminated only for material noncompliance, drug abuse and other criminal activity, material failure under a state landlord-tenant act, or other good cause
mfh.termination_tenancy.allowable_grounds · v1.0.0
Figure 8-2 states the closed list of circumstances in which an owner may terminate tenancy, during or at the end of the lease term: material noncompliance with the lease -- comprising substantial lease violations, fraud, repeated minor violations, nonpayment of rent, failure to disclose and provide verification of social security numbers, and failure to sign and submit consent forms; drug abuse and other criminal activity; material failure to carry out obligations under a state landlord and tenant act; and other good cause. An owner must not refuse to renew a lease solely because a lease term has expired. Material noncompliance includes the tenant's failure to submit in time all required information on household income and composition, extended absence or abandonment as defined in the house rules or state or local law, and fraud -- which is a tenant knowingly providing inaccurate or incomplete information. Fraud must be handled as a civil violation and may be handled as a criminal one; when evicting for fraud the owner must simultaneously file a civil action to recover the subsidy overpayment. Fraud must not be confused with tenant error: a tenant who mistakenly provided incorrect information must reimburse the owner for the rent difference, and that is not a basis for eviction. On nonpayment, the owner must not terminate tenancy until any grace period permitted by state law has expired.
- Confidence
- high
- Effective from
- 2013-11-27
- Last reviewed
- 2026-09-01
Citations
All sources verified within 1 day- HUD Occupancy Handbook 4350.3 REV-1 CHG-4 — Chapter 8, Terminationpara. 8-12.C
- HUD Occupancy Handbook 4350.3 REV-1 CHG-4 — Chapter 8, TerminationFigure 8-2
- HUD Occupancy Handbook 4350.3 REV-1 CHG-4 — Chapter 8, Terminationpara. 8-13.A.3.b
- HUD Occupancy Handbook 4350.3 REV-1 CHG-4 — Chapter 8, TerminationFigure 8-3, tenant errors versus fraud
- HUD Occupancy Handbook 4350.3 REV-1 CHG-4 — Chapter 8, Terminationpara. 8-13.A.5.b