2.8 Tenant Leases

Federal law mandates that the lease between tenant and owner comply with state and local law.1  If an owner uses a standard lease for non-assisted tenants the owner must use the same standard lease for assisted tenants.2  All HCVP leases are subject to a HUD Tenancy Addendum, which controls in the case of any conflicting provisions.3

A landlord may require a security deposit.4  The PHA may prohibit security deposits in excess of private market practice or in excess of amounts charged by the owner to unassisted tenants.5  The owner is allowed to use the deposit for payment of any unpaid rents or damages, but the owner must give the tenant an itemized list of any charges and promptly refund the full amount of the unused balance.6

  • 124 C.F.R. § 982.308(c).
  • 224 C.F.R. § 982.308(b)(2).
  • 324 C.F.R. § 982.308(f).
  • 424 C.F.R. § 982.313.
  • 5Id.
  • 6Id.

Disclaimer: The articles in the Gillis Long Desk Manual do not contain any legal advice.