State Operations Manual (Pub. 100-07), Ch. 4 § 4535
Rent in Privately-Owned Space
4535 - Rent in Privately-Owned Space
(Rev. 1, 05-21-04)
Charges against CMS funds for privately-owned space, including expenses for services
and maintenance, repairs, and alterations, must not exceed the rental rate of equivalent
space and facilities in the same or similar locality.
In contracting a lease for privately-owned space, include cancellation or conditional
clauses in rental agreements.
The following guides are applicable with respect to the rental of space in privately-owned
buildings when renewing an existing lease or when obtaining new or additional space
under a lease:
4535A - Cancellation Clause
(Rev. 1, 05-21-04)
When executing or renewing leases, the SA should make every effort to include a
reasonable right of cancellation (30 days, if possible) for the State, if such right can be
included in the light of rental rates, probable permanency of occupancy, and other
pertinent factors. Secure a cancellation clause in all rental agreements covering space for
more than one year, if possible.
4535B - Lease Not Exceeding One Year
(Rev. 1, 05-21-04)
When the SA is unsuccessful in securing a cancellation clause, secure leases not to
exceed one year’s duration, if possible, with an annual renewal option for an extended
period such as 3 or 5 years.
4535C - Consulting RO
(Rev. 1, 05-21-04)
Where neither of the above is possible, consult the RO at least 30 days in advance of the
date the lease will be signed.