Your Rulebook for the Landlord-Tenant Relationship
While the HAP Contract governs your relationship with the PHA, the Tenancy Addendum is the legally binding document that dictates the terms of your relationship with the Section 8 tenant. It is not optional; it is a mandatory, word-for-word HUD form that must be attached to every lease signed with a voucher-holding family.
Think of it this way: your standard lease outlines your typical rules, but the Tenancy Addendum is the federal overlay that ensures the tenancy complies with the Housing Choice Voucher program regulations. Understanding its provisions is not just a best practice; it’s essential for maintaining compliance and protecting your investment.
The Golden Rule: The Addendum Prevails
This is the single most important concept to understand about this document. In any situation where a clause in your standard property lease conflicts with a provision in the Tenancy Addendum, the Tenancy Addendum wins.
According to the HAP Contracts handbook, the terms of the addendum prevail over any other provisions of the lease. The tenant has the legal right to enforce the addendum against you, the owner.
Important
Review your standard lease agreement against the Tenancy Addendum. You may have clauses in your lease—regarding late fees, notice periods, or grounds for termination—that are unenforceable for a Section 8 tenancy because they conflict with the addendum. Aligning your expectations with the addendum from day one prevents future disputes and legal challenges.
Key Provisions of the Addendum
The addendum covers the rights and responsibilities of both the owner and the tenant. For you as an investor, the most critical sections involve terminating the tenancy, handling security deposits, and complying with federal protections.
Termination of Tenancy by Owner
The addendum sets clear, strict limits on when and why you can terminate a lease. The rules differ depending on whether the termination occurs during or after the initial lease term.
1. During the Initial Lease Term: You may only terminate the tenancy for:
- Serious or repeated violation of the lease.
- Violation of federal, state, or local law that imposes obligations on the tenant related to their occupancy or use of the property.
- Criminal activity or alcohol abuse as defined in the addendum.
- Other good cause.
Crucially, the handbook clarifies that during this initial term, “other good cause” must be based on something the family did or failed to do. This means you cannot terminate the lease for a business reason, such as wanting to sell the property or increase the rent, during the first year.
2. After the Initial Lease Term: The grounds for termination expand significantly. In addition to the reasons above, “other good cause” can now include business or economic reasons on your part, such as:
- A desire to sell the property.
- Renovation of the unit.
- A decision to use the unit for personal or family use.
- The tenant’s refusal to accept your offer of a new, compliant lease.
Tip
Document everything. If you are terminating a tenancy for lease violations, maintain a clear, written record of every incident, notice provided, and communication with the tenant. This documentation is your best defense if your decision is challenged.
Security Deposits
The Tenancy Addendum confirms that you, the owner, have the right to collect a security deposit from the tenant. However, this right is subject to a few key conditions:
| Condition | Requirement |
|---|---|
| Legal Compliance | The deposit must be in accordance with state and local laws. |
| Fairness | You cannot charge the voucher family a security deposit that is higher than what you charge unassisted tenants for comparable units. |
| Use of Funds | When the family moves out, you may use the deposit to cover unpaid rent, damages beyond normal wear and tear, or other amounts owed under the lease. |
| Transparency | You are required to provide the tenant with a written list of all charges against the deposit and promptly refund any remaining balance. |
Protections for Victims of Violence (VAWA)
The Violence Against Women Act (VAWA) provides critical protections that are written directly into the Tenancy Addendum. As an owner, you are legally required to comply with these provisions.
The addendum states that a tenant cannot be denied tenancy or have their lease terminated because they are a victim of domestic violence, dating violence, sexual assault, or stalking. An incident of such violence is not considered a “serious or repeated lease violation” or “good cause” for eviction.
Note
Lease Bifurcation The addendum gives you a powerful and important tool called lease bifurcation. If a household member engages in criminal activity directly related to domestic violence (e.g., an abuser), you have the right to “bifurcate” or split the lease. This allows you to evict the perpetrator from the unit without terminating the tenancy of the victim, ensuring the victim’s housing remains stable.
The Formal Eviction Process
The Tenancy Addendum is explicit: you can only evict a tenant through a court action. “Self-help” evictions, such as changing the locks or removing the tenant’s belongings, are illegal and will expose you to significant liability.
Furthermore, before you begin a court action, you must provide the tenant with a written notice specifying the grounds for termination. You must give a copy of this same notice to the PHA at the same time. Failing to notify the PHA is a procedural error that could jeopardize your eviction case.
Caution
The eviction process is legally precise. The Tenancy Addendum adds a layer of federal requirements on top of your state and local laws. Always follow the exact procedure outlined in the addendum—including notifying the PHA—and consult with legal counsel to ensure you are fully compliant before taking action.