The Lease

The Lease Agreement

It is a requirement that the tenant and  owner enter into a written, legally binding lease for the rental unit. The lease must be signed and executed by the owner and the tenant, and must comply with all state and local laws. Additionally, the owner must use the same lease format for HCV tenants as is used for unassisted tenants.

The lease must also include the Tenancy Addendum, word-for-word, as required by HUD and the PHA. The Tenancy Addendum is the HUD regulated statement on the terms for tenancy and federal assistance under the Housing Choice Voucher Program and will be supplied to the owner by the public housing agency (authority). If at any times there are differences between the tenancy addendum and the lease, the terms of the lease will default to the criteria set in the tenancy addendum. 

The lease must specify all of the following:

• The names of the owner and the tenant
• The unit address, including unit number, if applicable, and any other information needed to identify the contract unit
• The lease beginning and ending dates
• The amount of the monthly rent to owner
• A specification of what utilities and appliances are to be supplied by the owner, and what utilities and appliances are to be supplied by the family

Once the lease is executed by both parties, a copy must be turned into the PHA for approval. If the PHA determines that it cannot approve the lease as written, the owner will be notified of the specific corrections needed and will be given a timeframe for these corrections to be made and resubmitted for approval.

Never execute the lease with your tenant until you receive the approval from the PHA for them to move into the unit. Owners who do this risk not receiving payment as the household will be held responsible for 100% of the rent due from the date the lease is signed. Under no circumstances may owners require tenants to sign a lease prior to receiving PHA authorization for the tenant to move in.

Remember the lease is a legally binding contract for the protection of both the tenant and the landlord. Owners will want to be sure that they understand all responsibilities outlined in the lease agreement, and if there is any confusion about the role of an HCV landlord, be sure to get clarification prior to signing the lease. All owners will want to be sure to save a copy of any paperwork for their records, and refer back to these saved documents for any questions or concerns that may arise during the tenancy.

If at any time a dispute should arise, action will be limited to the terms and conditions of the signed lease. The PHA does not have any jurisdiction in tenant and landlord disputes so the lease agreement will take precedence.