24 C.F.R. § 891.425
§ 891.425 Lease requirements. (24 CFR Part 891)
Operative Text
This section shall apply to capital advances under the Section 202 Program and the Section 811 Program, as well as loans financed under subpart E of this part. (a) Term of lease. The term of the lease may not be less than one year. Unless the lease has been terminated by appropriate action, upon expiration of the lease term, the household and Owner (or family and Borrower, as applicable) may execute a new lease for a term not less than one year, or may take no action. If no action is taken, the lease will automatically be renewed for successive terms of one month. (b) Termination by the household (or family, as applicable). All leases may contain a provision that permits the household (or family) to terminate the lease upon 30 days advance notice. A lease for a term that exceeds one year must contain such provision. (c) Form. The Owner (or Borrower, as applicable) shall use the lease form prescribed by HUD. In addition to required provisions of the lease form, the Owner (or Borrower) may include a provision in the lease permitting the Owner (or Borrower) to enter the leased premises at any time without advance notice when there is reasonable cause to believe that an emergency exists or that health or safety of a family member is endangered. (d) Notification for nonpayment of rent. The lease must contain a provision or addendum that tenants will receive notification at least 30 days before a formal judicial eviction is filed.
Under 24 CFR Part 891 § 891.425, leases in HUD-assisted housing under the Section 202 and Section 811 programs must run for at least one year. When a lease expires without either party taking action, it automatically converts to a month-to-month arrangement. The rule also sets specific requirements around tenant termination rights, the use of HUD-prescribed lease forms, and a mandatory 30-day notice to tenants before any formal eviction filing for nonpayment of rent.
Plain English — not legal advice.
Operators subject to 24 CFR Part 891 § 891.425 are expected to use only the lease form prescribed by HUD and to ensure that form meets all the rule's minimum requirements. Compliant owners and borrowers include a provision giving residents at least 30 days' advance notice before initiating a formal judicial eviction for nonpayment, and they ensure that any lease exceeding one year explicitly allows the household to terminate with 30 days' notice. Owners may also include a clause permitting entry without advance notice when a genuine emergency or health-and-safety concern exists, but that addition must appear within the HUD-prescribed lease framework.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Residents in Section 202 or Section 811 housing covered by 24 CFR Part 891 § 891.425 have a right to a lease of at least one year, and if a lease expires without a new agreement being signed, it continues automatically on a month-to-month basis. Before a landlord can file a formal court eviction for nonpayment of rent, the lease must guarantee at least 30 days' written notice to the tenant. Tenants who believe these protections have not been honored may consider raising the issue with their local HUD field office, a HUD-approved housing counseling agency, or a tenant-rights organization familiar with federally assisted housing programs.
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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