24 C.F.R. § 247.4

Termination notice

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Link to an amendment published at 91 FR 9452, Feb. 26, 2026.This amendment was delayed indefinitely at 91 FR 12301, Mar. 13, 2026.

(a) Requisites of Termination Notice. The landlord's determination to terminate the tenancy shall be in writing and shall: (1) State that the tenancy is terminated on a date specified therein; (2) state the reasons for the landlord's action with enough specificity so as to enable the tenant to prepare a defense; (3) advise the tenant that if he or she remains in the leased unit on the date specified for termination, the landlord may seek to enforce the termination only by bringing a judicial action, at which time the tenant may present a defense; and (4) be served on the tenant in the manner prescribed by paragraph (b) of this section.

(b) Manner of service. The notice provided for in paragraph (a) of this section shall be accomplished by: (1) Sending a letter by first class mail, properly stamped and addressed, to the tenant at his or her address at the project, with a proper return address, and (2) serving a copy of the notice on any adult person answering the door at the leased dwelling unit, or if no adult responds, by placing the notice under or through the door, if possible, or else by affixing the notice to the door. Service shall not be deemed effective until both notices provided for herein have been accomplished. The date on which the notice shall be deemed to be received by the tenant shall be the date on which the first class letter provided for in this paragraph is mailed, or the date on which the notice provided for in this paragraph is properly given, whichever is later.

(c) Time of service. When the termination of the tenancy is based on other good cause pursuant to § 247.3(a)(4), the termination notice shall be effective, and the termination notice shall so state, at the end of a term and in accordance with the termination provisions of the rental agreement, but in no case earlier than 30 days after receipt of the tenant of the notice. Where the termination notice is based on material noncompliance with the rental agreement or material failure to carry out obligations under a state landlord and tenant act pursuant to § 247.3(a)(1) or (2), the time of service shall be in accord with the rental agreement and state law. In cases of nonpayment of rent, the termination notice shall be effective no earlier than 30 days after receipt by the tenant of the termination notice. The landlord must not provide tenants with a termination notice prior to the day after the rent is due according to the lease. The landlord also must not proceed with filing an eviction if the tenant pays the alleged amount of rent owed within the 30-day notification period.

(d) Modification of rental agreement. Notwithstanding any other provision of this subpart, the landlord may with the prior approval of HUD modify the terms and conditions of the rental agreement, effective at the end of the initial term or a successive term, by serving an appropriate notice on the tenant, together with the tender of a revised rental agreement or an addendum revising the existing rental agreement: Any increase in rent shall in all cases be governed by 24 CFR parts 245, 246 and other applicable HUD regulations. This notice and tender shall be served on the tenant in the same manner as provided for in § 247.4(b) and must be received by the tenant at least 30 days prior to the last date on which the tenant has the right to terminate the tenancy without being bound by the codified terms and conditions. The tenant may accept the modified terms and conditions by executing the tendered revised rental agreement or addendum, or may reject the modified terms and conditions by giving the landlord written notice in accordance with the rental agreement that he intends to terminate the tenancy.

(e) Notice requirements in rent nonpayment cases. In any case in which termination of tenancy is initiated because of the tenant's failure to pay rent, a notice stating the dollar amount of the balance due on the rent account and the date of such computation shall satisfy the requirement of specificity set forth in paragraph (a)(2) of this section. All termination notices in cases of nonpayment of rent must also include the following:

(1) Instructions on how the tenant can cure the nonpayment of rent violation, including an itemized amount separated by month of alleged rent owed by the tenant, any other arrearages allowed by HUD and included in the lease separated by month, and the date by which the tenant must pay the amount of rent owed before an eviction for nonpayment of rent can be filed;

(2) Information on how the tenant can recertify their income and, for tenants residing in projects assisted pursuant to a housing assistance payments contract for project-based assistance under section 8 of the 1937 Act (42 U.S.C. 1437f), information on how the tenant can apply for a hardship exemption pursuant to 24 CFR 5.630(b); and

(3) In the event of a Presidential declaration of a national emergency, such information to tenants as required by the Secretary.

(f) Failure of tenant to object. The failure of the tenant to object to the termination notice shall not constitute a waiver of his rights to thereafter contest the landlord's action in any judicial proceeding.

[41 FR 43330, Sept. 30, 1976, as amended at 48 FR 22915, May 23, 1983. Redesignated at 49 FR 6713, Feb. 23, 1984, as amended at 61 FR 47382, Sept. 6, 1996; 86 FR 55701, Oct. 7, 2021; 89 FR 101302, Dec. 13, 2024]

Notes of Decisions

Cited in 56 cases (12 in the last 5 years), 1987–2025 · leading case: Matter of Metro Plaza Apts., Inc. v. Buchanan, 2022 NY Slip Op 01087 (N.Y. App. Div. 2022).

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Matter of Metro Plaza Apts., Inc. v. Buchanan, 2022 NY Slip Op 01087 (N.Y. App. Div. 2022). · cites it 5× “That regulation, in pertinent part, requires that any lease termination notice "state the reasons for the landlord's action with enough specificity so as to enable the tenant to prepare a defense" (24 CFR 247.4 [a] [2]). By letter dated December 28, 2018, petitioner notified…”

Presidential Vill., LLC v. Perkins, 209 A.3d 616 (Conn. 2019). · cites it 3× “3d 701 , quoting 24 C.F.R. § 247.4 [e] (2017). The Appellate Court determined that the **54 plaintiff complied with this requirement because all of the charges listed in the pretermination notice were amounts for either past due rent or other financial obligations due under the…”

Greenport Preserv., L.P. v. Heyward, 74 Misc. 3d 46 (N.Y. App. Term. 2021). · cites it 3× “To terminate a tenancy, 24 CFR 247.4 mandates service of a notice that must, among other things, "[s]tate that the tenancy is terminated on a date specified therein" and advise that failure to vacate may result in the commencement of judicial proceedings (24 CFR 247.”

Timber Ridge v. Caldwell, 672 S.E.2d 735 (N.C. Ct. App. 2009). · cites it 5× “I Defendant argues the trial court erred by failing to require plaintiff to prove defendant was provided adequate termination notice as required by 24 C.F.R. § 247.4 . We agree. Pursuant to 24 C.”

Washington v. Related Arbor Court, LLC, 357 S.W.3d 676 (Tex. App. 2011). · cites it 2× “24 C.F.R. § 247.4 (b) (2009). Tracy Jones, Arbor Court’s community manager, testified she asked Arbor Court’s counsel to prepare the notices necessary to terminate Washington’s lease.”

Hedco, Ltd. v. Blanchette, 763 A.2d 639 (R.I. 2000). · cites it 4× “The motion justice granted dismissal, finding that plaintiffs termination notice was fatally defective for failing to comply with the Code of Federal Regulations, 24 C.F.R. § 247.4 (a)(l)(2000), which required a specific termination date for a federally subsidized tenancy.”

Malibu Inv. Co. v. Sparks, 2000 UT 30 (Utah 2000). · cites it 2× “[5] In a somewhat analogous context, the United States Department of Housing and Urban Development (HUD) has promulgated a regulation requiring landlords of federally funded lower income housing programs to give specific notice to tenants of the reasons for their termination.”

Draper & Kramer, Inc. v. King, 2014 IL App (1st) 132073 (Ill. App. Ct. 2014). · cites it 4× “" 24 C.F.R. § 247.4 (a) (2012). ¶ 37 Further, this section provides that the notice required under paragraph (a): "shall be accomplished by: (1) Sending a letter by first class mail, properly stamped and addressed, to the tenant at his or her address at the project, with a…”

Draper & Kramer, Inc. v. King, 2014 IL App (1st) 132073 (Ill. App. Ct. 2015). · cites it 3× “) 24 C.F.R. § 247.4 (b) (2012). ¶ 38 Defendant asserts that plaintiff failed to properly effectuate service as it only slipped the five-day notice under her door.”

Herring v. Chicago Hous. Auth., 850 F. Supp. 694 (N.D. Ill. 1994). · cites it 4× “24 C.F.R. § 247.4 (a) (1990). Herring’s notice of termination stated: CREATION OF A THREAT TO THE HEALTH AND SAFETY OF OTHERS.”

Scarborough v. Winn Residential L.L.P., 890 A.2d 249 (D.C. 2006). “The trial judge found as a fact that first-class postage had indeed been used, as required, see 24 C.F.R. § 247.4 (b) (2002), and we have no reason to disturb that finding.”

Presidential Vill., LLC v. Perkins, 170 A.3d 701 (Conn. App. Ct. 2017). · cites it 11× “3 , we next analyze whether the contents of the pretermination notice also complies with the federal requirements pursuant to 24 C.F.R. § 247.4 . The requirements for a valid pretermination notice are contained in 24 C.”

Show all 56 citing cases →

— 24 C.F.R. § 247.4(a) — 7 cases

Cunningham v. Lifelink Corp., 159 B.R. 230 (N.D. Ill. 1993).

Kettering Square Apts. v. Crawford, 2017 Ohio 9054 (Ohio Ct. App. 2017).

Stark Metro. Hous. Auth. v. Summers, 2025 Ohio 2430 (Ohio Ct. App. 2025).

Walton v. Lewis, 48 Fla. Supp. 2d 208 (Fla. Palm Beach Cty. Ct. 1991).

Gorsuch Homes, Inc. v. LeMasters, 2016 Ohio 3211 (Ohio Ct. App. 2016).

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