HUD Handbook 4350.3 § 6-12
Modifying the Lease (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)
Operative Text
A. Applicability
The properties identified in Figure 1-1 may modify their respective HUD Model
Leases, except for the following properties:
1. Section 202/8;
2. Section 202 PACs;
3. Section 202 PRACs; and
4. Section 811 PRACs.
NOTE: Information on the model leases for Section 202/8, Section 202 PAC,
Section 202 PRAC, and Section 811 PRAC is located at paragraphs 6-5 D and 6-
5 E.
B. Key Requirements
1. A lease change provided by HUD Headquarters through issuance of
Notices or revisions to this Handbook must be incorporated into the lease
*as a lease addendum * and does not require HUD Field Office or
Contract Administrator approval. *Lease addendums issued by HUD also
do not require HUD Field Office or Contract Administration approval.*
However, the tenant must be given notice as outlined in this paragraph.
2. An owner may modify the term and conditions of the lease, but he/she
must *make the modifications in the form of a lease addendum and must*
receive prior written approval of HUD or the Contract Administrator before
providing the modification to the tenant(s). (See Paragraph 6-4.D Note.)
NOTE: Implementation of the lead-based paint attachment does not
require HUD approval.
3. Although not a HUD requirement, an owner may choose to determine
whether any applicable state or local law (State Tenant-Landlord Law)
requirements also apply when modifying the lease. Such a practice
would ensure that an owner’s lease is in compliance with, and
enforceable under, state and local laws.
4. A modification to the lease may only be effective at the end of a lease
term. The owner must provide the tenant with the approved modifications
at least 60 days prior to the end of the lease term.
The notice must include a copy of the revised lease or an addendum
revising the existing lease agreement. Owners must include a letter
clearly stating that the tenant can either accept the modification or move,
but that a response is due within 30 days.
5. A tenant must either:
a. Accept the modification by signing both copies of the modification
and returning one to the owner; or
b. Refuse the modification and give the owner a 30-day notice of
intent to vacate.
6. If, within 30 days, the tenant indicates that the modification is
unacceptable or does not respond, the owner may begin the procedures
for terminating tenancy set forth in paragraph 8-13 B of this handbook.
C. Submission and Approval Process for Modifying the Lease
1. An owner must submit a proposed modification to the lease for review
and approval to the local HUD Field Office or Contract Administrator
having jurisdiction over the property. *Modifications must be in the form
of a lease addendum.* An owner must submit two (2) copies of the
proposed modification, along with an explanation as to the necessity of
the modification.
For modifications submitted to the HUD Field Office, the HUD
Field Office will review the proposed modification and then forward
it, along with any comments and/or concerns, to the Field
Counsel. After meeting with the Field Counsel (or receiving
comments from the Field Counsel), the local HUD Field Office will
issue a letter to the owner either approving or denying the
proposed modification, along with HUD’s reason(s) for denying the
modification, if applicable.
2. HUD Field Offices, State Agencies, and Contract Administrators may
approve changes that will make the model lease comply with:
a. State or local law; or
b. Property management practices generally used in the project's
market area.
Example – Approving Lease Changes
Examples of acceptable management practices:
Units with a live-in aide, a lease addendum that denies occupancy of the unit to a live-in aide after
the tenant, for whatever reason, is no longer living in the unit. (See also paragraph 3-6 E.)
Units with a police officer or security personnel, a lease provision that states that the right of
occupancy is dependent on continued employment as a police officer or security personnel. (See
also paragraph 3-8 D.)
3. HUD Field Offices, Contract Administrators and State Agencies must not
approve changes that would:
a. Eliminate any provision related to HUD's subsidy rules;
b. Circumvent HUD rules, or state or local law; or
c. Effectuate any change to the required lease provisions.
(Paragraph 6-5 F lists the required lease provisions.)
D. Providing Notice to the Tenant
The tenant must be provided with proper notice when *HUD or the* owner
modifies the lease. An owner must comply with the following requirements to
provide such notice.
1. The owner must provide the tenant with the approved modifications at
least 60 days prior to the end of the lease term.
2. The notice must include a copy of the revised lease or *lease* addendum
revising the existing lease agreement. Owners must include a letter
clearly stating that the tenant can either accept the modification or move,
but that a response is due within 30 days.
3. The notice must be served by:
a. Sending a letter by first-class mail, properly stamped and
addressed and including a return address, to the tenant at the unit
address; and
b. Delivering a copy of the notice to any adult person answering the
door at the unit. If no adult answers the door, the person serving
the notice may place it under or through the door, or affix it to the
door.
4. The date on which the notice is deemed received by the tenant is the later
of:
a. The date the first-class letter is mailed; or
b. The date the notice is properly given.
5. Service of the notice is deemed effective once the notice has been both
mailed and delivered.HUD Handbook 4350.3 REV-1 CHG-4 § 6-12 establishes the rules governing how HUD Model Leases may be changed at most federally assisted multifamily properties (excluding Section 202/8, 202 PAC, 202 PRAC, and 811 PRAC properties). Owner-initiated modifications must be made as written addenda, receive prior written approval from HUD or a Contract Administrator, and can only take effect at the end of a lease term. Tenants must receive at least 60 days' advance notice of any approved change and have 30 days to either accept the modification in writing or give notice of intent to vacate.
Plain English — not legal advice.
Under HUD Handbook 4350.3 REV-1 CHG-4 § 6-12, compliant operators prepare all lease changes as formal written addenda and secure prior written approval from the local HUD Field Office or Contract Administrator before presenting any modification to residents. Once approved, owners deliver notice at least 60 days before the end of the lease term using both first-class mail and in-person delivery to the unit, and include a letter explaining that the tenant must respond within 30 days. Operators also generally review applicable state and local landlord-tenant law when drafting modifications to help ensure the addendum is enforceable under all governing authorities.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HUD Handbook 4350.3 REV-1 CHG-4 § 6-12 gives tenants in covered HUD-assisted properties the right to receive written notice of any lease modification at least 60 days before the end of their lease term, along with a full 30 days to decide whether to accept or reject the change. A tenant who finds a modification unacceptable may refuse it and provide the owner with a 30-day notice of intent to vacate rather than being bound by new terms. Tenants who believe proper notice procedures were not followed may raise that as a concern with the local HUD Field Office, a HUD-approved housing counseling agency, or a tenant-rights organization familiar with federally assisted housing.
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 25, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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