A termination of tenancy notice must state the date and enough detail to prepare a defence, give 10 days to discuss, and be served by mail and hand delivery in the named programs
mfh.termination_tenancy.notice_contents_service_and_judicial_action · v1.0.0
Written notice of a proposed termination of tenancy must state the specific date the tenancy will be terminated; state the reasons for the action with enough detail to enable the tenant to prepare a defence; advise the tenant that remaining in the unit on the termination date may result in the owner seeking to enforce the termination in court, where the tenant may present a defence; advise that the tenant has 10 days within which to discuss the termination with the owner, running from the day the notice is deemed effective; and advise that persons with disabilities have the right to request reasonable accommodations to participate in the hearing process. For nonpayment the notice must include the dollar amount of the balance due on the rent account and the date of that computation. For Section 236, BMIR, Rent Supplement, Section 202/8, Section 202 PAC, Section 202 PRAC, Section 811 PRAC, Section 8 LMSA and Section 8 PDSA the notice must be both mailed first class and hand delivered, deemed received on the later of the two dates and effective only once both are done; for all other Section 8 programs the manner of service follows state and local law. An owner must not evict except by judicial action under state and local law, and in that action must rely on the grounds cited in the notice, though the owner is not precluded from relying on grounds it had no knowledge of when the notice was sent -- except in Section 8 New Construction, Substantial Rehabilitation and State Agency properties, where the owner must rely only on the grounds cited. The tenant's failure to object to the notice does not waive the right to contest the action in court. These are HUD's minimum standards; most state and local laws are more restrictive.
- 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. 8-13.B.2.c
- HUD Occupancy Handbook 4350.3 REV-1 CHG-4 — Chapter 8, Terminationpara. 8-13.B.2.c(4)
- HUD Occupancy Handbook 4350.3 REV-1 CHG-4 — Chapter 8, Terminationpara. 8-13.B.2.e
- HUD Occupancy Handbook 4350.3 REV-1 CHG-4 — Chapter 8, Terminationpara. 8-13.B.5.a and B.5.b
- HUD Occupancy Handbook 4350.3 REV-1 CHG-4 — Chapter 8, Terminationpara. 8-13.B.5.c
- HUD Occupancy Handbook 4350.3 REV-1 CHG-4 — Chapter 8, Terminationpara. 8-13.B, opening