24 C.F.R. § 886.127
§ 886.127 Lease requirements. (24 CFR Part 886)
Operative Text
(a) Term of lease. (1) The term of a lease, including a new lease or a lease amendment, executed by the owner and the family must be for at least one year, or the remaining term of the contract if the remaining term of the contract is less than one year. (2) During the first year of the lease term, the owner may not terminate the tenancy for “other good cause” under 24 CFR 247.3(a)(3), unless the termination is based on family malfeasance or nonfeasance. For example, during the first year of the lease term, the owner may not terminate the tenancy for “other good cause” based on the failure by the family to accept the offer of a new lease. (3) The lease may contain a provision permitting the family to terminate the lease on 30 days advance written notice to the owner. In the case of a lease term for more than one year, the lease must contain this provision. (b) Required and prohibited provisions. The lease between the owner and the family must comply with HUD regulations and requirements, and must be in the form required by HUD. The lease may not contain any of the following types of prohibited provisions: (1) Admission of guilt. Agreement by the family (i) to be sued, (ii) to admit guilt, or (iii) to a judgment in favor of the owner, in a court proceeding against the family in connection with the lease. (2) Treatment of family property. Agreement by the family that the owner may take or hold family property, or may sell family property, without notice to the family and a court decision on the rights of the parties. (3) Excusing owner from responsibility. Agreement by the family not to hold the owner or the owner's agents responsible for any action or failure to act, whether intentional or negligent. (4) Waiver of notice. Agreement by the family that the owner does not need to give notice of a court proceeding against the family in connection with the lease, or does not need to give any notice required by HUD. (5) Waiver of court proceeding for eviction. Agreement by the family that the owner may evict the family (i) without instituting a civil court proceeding in which the family has the opportunity to present a defense, or (ii) before a decision by the court on the rights of the parties. (6) Waiver of jury trial. Agreement by the family to waive any right to a trial by jury. (7) Waiver of appeal. Agreement by the family to waive the right to appeal, or to otherwise challenge in court, a court decision in connection with the lease. (8) Family chargeable with legal costs regardless of outcome. Agreement by the family to pay lawyer's fees or other legal costs of the owner, even if the family wins in a court proceeding by the owner against the family. (However, the family may have to pay these fees and costs if the family loses.) (c) 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 886 § 886.127, leases in this HUD program must run for at least one year—or for the contract's remaining term if that is shorter—and must follow specific rules about what they can and cannot contain. Owners are barred from terminating a tenancy during the first lease year for 'other good cause' unless the reason stems from the family's own misconduct. Leases are also prohibited from including clauses that strip tenants of fundamental legal protections, such as waivers of jury trial, waivers of the right to appeal, advance admissions of guilt, or agreements allowing eviction without a court proceeding. Additionally, tenants must receive at least 30 days' written notice before a formal eviction action is filed for nonpayment of rent.
Plain English — not legal advice.
Operators subject to 24 CFR Part 886 § 886.127 generally use only HUD-approved lease forms and verify that no prohibited clauses—such as liability waivers, pre-agreed admissions of guilt, or jury-trial waivers—appear anywhere in the document, including any addenda. Compliant owners ensure that leases covering more than one year include a provision allowing the family to terminate on 30 days' advance written notice, and they refrain from initiating 'other good cause' terminations during the first lease year unless the basis is family malfeasance or nonfeasance. Before filing any formal judicial eviction for nonpayment of rent, a compliant operator provides the tenant with at least 30 days' written notification as required by § 886.127(c).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 24 CFR Part 886 § 886.127, tenants in this HUD program have the right to a lease that does not strip away core legal protections—meaning any clause in your lease that purports to waive your right to a jury trial, waive your right to appeal, or allow eviction without a court hearing is prohibited and unenforceable. During the first year of your lease, your owner generally cannot end your tenancy for 'other good cause' reasons unrelated to your own conduct, and you must receive at least 30 days' notice before a formal eviction case for nonpayment of rent is filed. If you believe your lease contains prohibited provisions or that a termination violates § 886.127, general enforcement paths include raising the violation as a defense in any court proceeding, filing a complaint with your local HUD field office, or reaching out to a tenant-rights organization for 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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