24 C.F.R. § 880.606
§ 880.606 Lease requirements. (24 CFR Part 880)
Operative Text
(a) Term of Lease. The term of the lease will be for not less than one year. The lease may, or in the case of a lease for a term of more than one year must, contain a provision permitting termination on 30 days advance written notice by the family. (b) Notification for nonpayment of rent. The lease must also contain a provision or addendum that tenants will receive notification at least 30 days before a formal judicial eviction is filed. (c) Form—(1) Part 880 and 24 CFR part 881 projects. For this part 880 and 24 CFR part 881 projects, the form of lease must contain all required provisions, and none of the prohibited provisions specified in the developer's packet, and must conform to the form of lease included in the approved final proposal. (2) 24 CFR part 883 projects. For 24 CFR part 883 projects, the form of lease must contain all required provisions, and none of the prohibited provisions specified below. (i) Required provisions (Addendum to lease). Addendum to Lease The following additional Lease provisions are incorporated in full in the Lease between ____________________ (Landlord) and ____________________ (Tenant) for the following dwelling unit: __________________. In case of any conflict between these and any other provisions of the Lease, these provisions will prevail. a. The total rent will be $________ per month. b. Of the total rent, $________ will be payable by the State Agency (Agency) as housing assistance payments on behalf of the Tenant and $__________ will be payable by the Tenant. These amounts will be subject to change by reason of changes in the Tenant's family income, family composition, or extent of exceptional medical or other unusual expenses, in accordance with HUD-established schedules and criteria; or by reason of adjustment by the Agency of any applicable Utility Allowance; or by reasons of changes in program rules. Any such change will be effective as of the date stated in a notification to the Tenant. c. The Landlord will not discriminate against the Tenant in the provision of services, or in any other manner, on the grounds of race, color, creed, religion, sex, or national origin. d. The Landlord will provide the following services and maintenance: ____________ e. A violation of the Tenant's responsibilities under the Section 8 Program, as determined by the Agency, is also a violation of the lease. [End of addendum] (ii) Prohibited provisions. Lease clauses which fall within the classifications listed below must not be included in any Lease. Lease Clauses a. Confession of Judgment. Consent by the tenant to be sued, to admit guilt, or to accept without question any judgment favoring the landlord in a lawsuit brought in connection with the lease. b. Seize or Hold Property for Rent or Other Charges. Authorization to the landlord to take property of the tenant and/or hold it until the tenant meets any obligation which the landlord has determined the tenant has failed to perform. c. Exculpatory Clause. Prior agreement by the tenant not to hold the landlord or landlord's agents legally responsible for acts done improperly or for failure to act when the landlord or landlord's agent was required to do so. d. Waiver of Legal Notice. Agreement by the tenant that the landlord need not give any notices in connection with (1) a lawsuit against the tenant for eviction, money damages, or other purposes, or (2) any other action affecting the tenant's rights under the lease. e. Waiver of Legal Proceeding. Agreement by the tenant to allow eviction without a court determination. f. Waiver of Jury Trial. Authorization to the landlord's lawyer to give up the tenant's right to trial by jury. g. Waiver of Right to Appeal Court Decision. Authorization to the landlord's lawyer to give up the tenant's right to appeal a decision on the ground of judicial error or to give up the tenant's right to sue to prevent a judgment being put into effect. h. Tenant Chargeable with Cost of Legal Actions Regardless of Outcome of Lawsuit. Agreement by the tenant to pay lawyer's fees or other legal costs whenever the landlord decides to sue the tenant whether or not the tenant wins. (Omission of such a clause does not mean that the tenant, as a party to a lawsuit, may not have to pay lawyer's fees or other costs if the court so orders.) [End of clauses]
Under 24 CFR Part 880 § 880.606, leases in covered Section 8 housing programs must run for at least one year, and any lease longer than one year must include a clause allowing the tenant to terminate with 30 days' written notice. Landlords are also required to give tenants at least 30 days' notice before filing a formal eviction action for nonpayment of rent. For certain project types, leases must include a specific addendum detailing rent amounts, assistance payment breakdowns, and non-discrimination commitments, while a defined list of clauses — such as confession of judgment, waiver of jury trial, and exculpatory clauses — are flatly prohibited from appearing in any lease.
Plain English — not legal advice.
Operators of properties subject to 24 CFR Part 880 § 880.606 generally ensure that every lease meets the minimum one-year term requirement and, for leases exceeding one year, includes a tenant termination provision requiring 30 days' advance written notice. Compliant operators also incorporate a notification provision guaranteeing tenants at least 30 days' warning before any formal judicial eviction filing for nonpayment of rent. For Part 883 projects specifically, property managers typically attach the required addendum covering rent amounts, housing assistance payment allocations, and non-discrimination obligations, and they review all lease documents to confirm that none of the prohibited clause types enumerated in § 880.606(c)(2)(ii) — such as confession of judgment, waiver of legal proceedings, or exculpatory clauses — appear anywhere in the lease.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in housing covered by 24 CFR Part 880 § 880.606 have the right to a lease of at least one year, and if the lease runs longer than one year, the right to terminate it with 30 days' written notice. Before a landlord can file a formal court eviction action for nonpayment of rent, § 880.606 requires that tenants receive at least 30 days' advance notification, and leases may not contain clauses that waive legal notices, waive jury trial rights, require tenants to confess judgment, or otherwise strip tenants of fundamental legal protections. Tenants who believe their lease contains prohibited provisions or that required protections have not been honored may consider raising these issues as a defense in any eviction proceeding, filing a complaint with the relevant HUD field office or state housing agency, or reaching out to a local tenant-rights organization for general guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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