[Code of Federal Regulations]
[Title 24, Volume 2]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR247.4]

[Page 405-406]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
 CHAPTER II--OFFICE OF ASSISTANT SECRETARY FOR HOUSING--FEDERAL HOUSING 
        COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 247_EVICTIONS FROM CERTAIN SUBSIDIZED AND HUD-OWNED PROJECTS
--Table of Contents
 
                      Subpart A_Subsidized Projects
 
Sec. 247.4  Termination notice.

    (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 Sec. 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

[[Page 406]]

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 Sec. 247.3(a)(1) or (2), the 
time of service shall be in accord with the rental agreement and state 
law.
    (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 Sec. 
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) Specificity of notice in rent nonpayment cases. In any case in 
which a tenancy is terminated 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.
    (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]