The PHA may terminate only on the enumerated grounds and must give the prescribed written notice

ph.termination_eviction.grounds_and_notice_periods · v1.0.0

The PHA may terminate the tenancy only for serious or repeated violation of material terms of the lease, such as failure to make payments due under the lease or failure to fulfil household obligations; for being over the income limit for the program as provided in 24 CFR 960.507; for no longer meeting the restrictions on net assets and property ownership in 24 CFR 5.618; or for other good cause, which includes criminal activity or alcohol abuse, discovery after admission of facts that made the tenant ineligible, discovery of material false statements or fraud in connection with an application or a reexamination of income, failure of a family member to comply with the community service provisions as grounds only for non-renewal at the end of the twelve-month term, and failure to accept an offer of a lease revision made on an adopted form with at least 60 calendar days written notice before the revision takes effect and a reasonable time limit within that period for acceptance. Written notice of lease termination must be at least 30 days for failure to pay rent; a reasonable period considering the seriousness of the situation but not exceeding 30 days where the health or safety of other residents, PHA employees or persons in the immediate vicinity is threatened, or where a household member has engaged in drug-related or violent criminal activity or has been convicted of a felony; and 30 days in any other case, except that a shorter period applies where state or local law allows one. The notice must state specific grounds, inform the tenant of the right to reply, inform the tenant of the right to examine PHA documents directly relevant to the termination or eviction, and where the PHA must afford a grievance hearing inform the tenant of the right to request one. The PHA must give the tenant a reasonable opportunity to examine, on request, before a grievance hearing or court trial, any documents in its possession directly relevant to the termination or eviction, and if it does not make them available it may not proceed with the eviction. Where the PHA must afford a grievance hearing the tenancy does not terminate, even if a state or local notice to vacate has expired, until the time to request a hearing has run and any timely-requested grievance process has been completed.

Confidence

high

Effective from

2023-03-16

Consequence model

agency finding with cure

Last reviewed

2026-08-30