Lease enforcement agreements are a critical, but complex part of multifamily property management. Below we have outlined some essential strategies for applying lease enforcement consistently, legally, and with compassion.
Lease Enforcement: Best Practices for Property Managers
1. Consistency is Key
All lease violations must be handled fairly and consistently. Enforcing policies the same way for all residents builds trust, protects management, and prevents selective enforcement claims. This applies especially to common violations like:
- Unauthorized guests or pets
- Non-payment of rent
- Unit damage or unauthorized alterations
2. Follow HUD Guidelines and the Law
While HUD guidelines provide a framework for enforcement, property managers must also follow:
- Fair Housing and VAWA protections
- Applicable state landlord-tenant laws
- Company policies on documentation and process
HUD distinguishes between violations that require termination (must evict) and those where eviction is optional (may evict). For example, tenants who are ineligible in PRAC properties or those on the lifetime sex offender registry fall into the “must” category. Most other violations—like non-payment or nuisance—fall under “may” and require legal cause and process.
3. Prioritize Safety During Violations
If a tenant is agitated or threatening, managers should prioritize safety:
- Avoid confrontation
- Lock the office or leave the area if needed
- Contact law enforcement if safety is at risk
- Follow company protocol and notify a supervisor
4. Documentation is Everything
To support lease enforcement, especially in court:
- Use complete, dated documentation for all violations
- Avoid naming witnesses prematurely, but prepare them if court is likely
- Maintain records of notices, communications, and tenant responses
- Include reasonable accommodation and VAWA language in all notices
5. Understand Legal Notices
For non-payment of rent, HUD requires a 30-day notice before any legal action can be taken. Additional notices and timelines will depend on state law. In nuisance or behavioral cases:
- Clearly explain the violation
- Offer a meeting and a path to cure the issue
- Set a deadline for compliance
6. Be Prepared for Court
Going to court requires preparation and professionalism:
- Share all documents with your attorney ahead of time
- Educate witnesses on court expectations
- Dress professionally and stay calm—even if others do not
- Answer only the questions asked and avoid offering extra information
Some states require mediation before trial. In such cases, discuss boundaries and settlement options with your attorney beforehand.
7. Consider Stipulated Agreements
In some cases, courts may allow stipulated agreements, which let tenants remain under strict conditions—such as paying rent by a set date. These agreements preserve the landlord’s legal rights and streamline re-enforcement if terms are broken.
They are typically used for non-threatening lease violations and should be considered only with input from your attorney and supervisor.
8. Use the Right Resources
Effective lease enforcement requires knowing where to look for support. Start with:
- HUD Handbook 4350.3, especially chapters 3, 6, and 8
- State landlord-tenant laws
- Fair Housing and VAWA requirements
- Company policies and legal counsel
Navigate can advise on HUD guidelines, but legal decisions like whether to evict must come from your company and attorney.
Lease enforcement isn’t about removing housing. It’s about preserving community standards, tenant safety, and program compliance. With the right knowledge, documentation, and approach, property managers can resolve most violations without heading to court.
