Common use of NOTICE OF LEASE TERMINATION Clause in Contracts

NOTICE OF LEASE TERMINATION. (a) The PHA may terminate this Lease by giving the Tenant advance written Notice of Termination of the Lease of: (1) Fourteen (14) days in the case of failure to pay rent. (2) A reasonable time, not to exceed thirty (30) days, commensurate with the exigencies of the situation in the case of creation or maintenance of a threat to the health or safety of other Tenants or PHA employees. (3) Fifteen (15) days in any drug-related case. (4) Thirty (30) days in all other cases. (b) The Notice of Lease Termination to the Tenant shall state specific grounds for termination, and shall inform the Tenant of his or her right to make such reply as the Tenant may wish. (c) The demand notice as required by the laws of the State of Georgia will be combined with and run concurrently with the notice of Lease termination. (d) When the PHA is required to afford the Tenant the opportunity for a hearing under the PHA's Grievance Procedure for a Grievance concerning the Lease termination, the tenancy will not terminate until the time for the Tenant to request a Grievance Hearing has expired, and the Grievance process has been completed. (e) When the PHA is not required to afford the Tenant the opportunity for a hearing under the PHA’s Grievance Procedure for a Grievance concerning the Lease termination, the Notice of Lease Termination shall: (1) State that the Tenant is not entitled to a Grievance Hearing on the termination. (2) Specify the judicial eviction procedure to be used by the PHA for eviction of the Tenant, and state that HUD has determined that this eviction procedure provides the opportunity for a Hearing in court that contains the basic elements of due process as defined in HUD regulations. (3) State whether the eviction is for a criminal activity as in Section 21 (f) of this Lease or for a drug-related criminal activity, also described in Section 21 (f) of this Lease. (f) This Lease may be terminated by the Tenant at any time by giving fifteen (15) days written Notice in the manner specified in Section 21. The Tenant agrees to leave the dwelling unit in a clean and good condition, reasonable wear and tear excepted, and to return the keys to the Executive Director or designee upon vacating.

Appears in 3 contracts

Samples: Dwelling Lease, Dwelling Lease, Dwelling Lease

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NOTICE OF LEASE TERMINATION. (a) The PHA may If the Landlord proposes to terminate this Lease by giving Lease, the Tenant advance shall be given written Notice of Termination notice of the Lease ofproposed termination, as listed below: (1) Fourteen (14) days in the case of a. For failure to pay rent., at least fourteen (14) calendar days; (2) A reasonable time, not to exceed thirty (30) days, commensurate with the exigencies of the situation in the case of b. For creation or maintenance of a threat to the health or safety of other Tenants or PHA Landlord’s employees., at least seven (7) calendar days; c. For drug related criminal activity or any other controlled substance on the Housing Commission premises; at least twenty-four (324) Fifteen (15) days in hours; or d. For all other causes including drug related criminal activity, conviction of a felony, or the abuse of alcohol or any drug-related case. (4) Thirty other controlled substance off the premises, thirty (30) days in all other cases. (b) days, unless State law permits a shorter period. The Notice to Quit required by State or local law may be combined with or run concurrently with a Notice of Lease Termination required by this Lease. The Notice of Lease Termination from the Landlord shall be either personally delivered to the Tenant or to an adult member of the Tenant’s family residing in the dwelling unit, or sent to the Tenant by First Class Mail, properly addressed, postage pre-paid. The notice shall: a. Specify the date the Lease shall state specific be terminated; b. State the grounds for termination, and shall inform the Tenant of his or her right to make such reply as the Tenant may wish. (c) The demand notice as required by the laws of the State of Georgia will be combined termination with and run concurrently with the notice of Lease termination. (d) When the PHA is required to afford the Tenant the opportunity for a hearing under the PHA's Grievance Procedure for a Grievance concerning the Lease termination, the tenancy will not terminate until the time enough detail for the Tenant to request prepare a Grievance Hearing has expired, and defense. The Landlord shall rely solely on the Grievance process has been completed. (e) When the PHA is not required to afford the Tenant the opportunity for a hearing under the PHA’s Grievance Procedure for a Grievance concerning the Lease termination, grounds stated in the Notice of Lease Termination shall:in the event eviction action is initiated; (1) State that c. Advise the Tenant is not entitled of the right to a reply as he or she may wish, to examine the Landlord’s documents directly relevant to the termination or eviction, to use the Grievance Hearing on Policy to contest the termination. (2) Specify , and/or to defend the judicial eviction procedure to be used by the PHA action in court. When Landlord evicts an individual or family from a dwelling unit for eviction of the Tenant, and state that HUD has determined that this eviction procedure provides the opportunity for a Hearing engaging in court that contains the basic elements of due process as defined in HUD regulations. (3) State whether the eviction is for a criminal activity as in Section 21 (f) of this Lease or for a activity, including drug-related criminal activity, also described in Section 21 (f) of this Lease. (f) This Lease may be terminated by the Tenant at any time by giving fifteen (15) days written Notice Landlord shall notify the local post office serving that dwelling unit that such individual or family is no longer residing in the manner specified in Section 21unit. The Tenant agrees to leave So the dwelling unit in a clean and good condition, reasonable wear and tear exceptedPost Office will stop mail delivery for such person at the unit, and they will have no reason to return the keys to the Executive Director or designee upon vacatingunit for pickup of mail.

Appears in 2 contracts

Samples: Dwelling Lease, Dwelling Lease

NOTICE OF LEASE TERMINATION. (a) The PHA may If the Landlord proposes to terminate this Lease by giving Lease, the Tenant advance shall be given written Notice of Termination notice of the Lease ofproposed termination, as listed below: (1) Fourteen (14) days in the case of a. For failure to pay rent., at least fourteen (14) calendar days; (2) A reasonable time, not to exceed thirty (30) days, commensurate with the exigencies of the situation in the case of b. For creation or maintenance of a threat to the health or safety of other Tenants or PHA Landlord’s employees., at least seven (7) calendar days; c. For drug related criminal activity or any other controlled substance on the Housing Commission premises; at least twenty-four (324) Fifteen (15) days in hours; or d. For all other causes including drug related criminal activity, conviction of a felony, or the abuse of alcohol or any drug-related case. (4) Thirty other controlled substance off the premises, thirty (30) days in all other cases. (b) calendar days, unless State law permits a shorter period. The Notice to Quit required by State or local law may be combined with or run concurrently with a Notice of Lease Termination required by this Lease. The Notice of Lease Termination from the Landlord shall be either personally delivered to the Tenant or to an adult member of the Tenant’s family residing in the dwelling unit, or sent to the Tenant by First Class Mail, properly addressed, postage pre-paid. The notice shall: a. Specify the date the Lease shall state specific be terminated; b. State the grounds for termination, and shall inform the Tenant of his or her right to make such reply as the Tenant may wish. (c) The demand notice as required by the laws of the State of Georgia will be combined termination with and run concurrently with the notice of Lease termination. (d) When the PHA is required to afford the Tenant the opportunity for a hearing under the PHA's Grievance Procedure for a Grievance concerning the Lease termination, the tenancy will not terminate until the time enough detail for the Tenant to request prepare a Grievance Hearing has expired, and defense. The Landlord shall rely solely on the Grievance process has been completed. (e) When the PHA is not required to afford the Tenant the opportunity for a hearing under the PHA’s Grievance Procedure for a Grievance concerning the Lease termination, grounds stated in the Notice of Lease Termination shall:in the event eviction action is initiated; (1) State that c. Advise the Tenant is not entitled of the right to a reply as he or she may wish, to examine the Landlord’s documents directly relevant to the termination or eviction, to use the Grievance Hearing on Policy to contest the termination. (2) Specify , and/or to defend the judicial eviction procedure to be used by the PHA action in court. When Landlord evicts an individual or family from a dwelling unit for eviction of the Tenantengaging in criminal activity, and state that HUD has determined that this eviction procedure provides the opportunity for a Hearing in court that contains the basic elements of due process as defined in HUD regulations. (3) State whether the eviction is for a criminal activity as in Section 21 (f) of this Lease or for a including drug-related criminal activity, also described in Section 21 (f) of this Lease. (f) This Lease may be terminated by the Tenant at any time by giving fifteen (15) days written Notice Landlord shall notify the local post office serving that dwelling unit that such individual or family is no longer residing in the manner specified in Section 21unit. The Tenant agrees to leave So the dwelling unit in a clean and good condition, reasonable wear and tear exceptedpost office will stop mail delivery for such person at the unit, and they will have no reason to return the keys to the Executive Director or designee upon vacatingunit for pickup of mail.

Appears in 2 contracts

Samples: Dwelling Lease, Dwelling Lease

NOTICE OF LEASE TERMINATION. (a) The PHA may If the Landlord proposes to terminate this Lease by giving Lease, the Tenant advance shall be given written Notice of Termination notice of the Lease ofproposed termination, as listed below: (1) Fourteen (14) days in the case of a. For failure to pay rent., at least fourteen (14) calendar days; (2) A reasonable time, not to exceed thirty (30) days, commensurate with the exigencies of the situation in the case of b. For creation or maintenance of a threat to the health or safety of other Tenants or PHA Landlord’s employees., at least seven (7) calendar days; c. For drug related criminal activity or any other controlled substance on the Housing Commission premises; at least twenty-four (324) Fifteen (15) days in hours; or d. For all other causes including drug related criminal activity or the abuse of alcohol or any drug-related case. (4) Thirty other controlled substance off the premises, thirty (30) days in all other cases. (b) calendar days, unless State law permits a shorter period. The Notice to Quit required by State or local law may be combined with or run concurrently with a Notice of Lease Termination required by this Lease. The Notice of Lease Termination from the Landlord shall be either personally delivered to the Tenant or to an adult member of the Tenant’s family residing in the dwelling unit, or sent to the Tenant by First Class Mail, properly addressed, postage pre-paid. The notice shall: a. Specify the date the Lease shall state specific be terminated; b. State the grounds for termination, and shall inform the Tenant of his or her right to make such reply as the Tenant may wish. (c) The demand notice as required by the laws of the State of Georgia will be combined termination with and run concurrently with the notice of Lease termination. (d) When the PHA is required to afford the Tenant the opportunity for a hearing under the PHA's Grievance Procedure for a Grievance concerning the Lease termination, the tenancy will not terminate until the time enough detail for the Tenant to request prepare a Grievance Hearing has expired, and defense. The Landlord shall rely solely on the Grievance process has been completed. (e) When the PHA is not required to afford the Tenant the opportunity for a hearing under the PHA’s Grievance Procedure for a Grievance concerning the Lease termination, grounds stated in the Notice of Lease Termination shall:in the event eviction action is initiated; (1) State that c. Advise the Tenant is not entitled of the right to a reply as he or she may wish, to examine the Landlord’s documents directly relevant to the termination or eviction, to use the Grievance Hearing on Policy to contest the termination. (2) Specify , and/or to defend the judicial eviction procedure to be used by the PHA action in court. When Landlord evicts an individual or family from a dwelling unit for eviction of the Tenantengaging in criminal activity, and state that HUD has determined that this eviction procedure provides the opportunity for a Hearing in court that contains the basic elements of due process as defined in HUD regulations. (3) State whether the eviction is for a criminal activity as in Section 21 (f) of this Lease or for a including drug-related criminal activity, also described in Section 21 (f) of this Lease. (f) This Lease may be terminated by the Tenant at any time by giving fifteen (15) days written Notice Landlord shall notify the local post office serving that dwelling unit that such individual or family is no longer residing in the manner specified in Section 21unit. The Tenant agrees to leave So the dwelling unit in a clean and good condition, reasonable wear and tear exceptedpost office will stop mail delivery for such person at the unit, and they will have no reason to return the keys to the Executive Director or designee upon vacatingunit for pickup of mail.

Appears in 1 contract

Samples: Dwelling Lease

NOTICE OF LEASE TERMINATION. (a) The PHA may If the Landlord proposes to terminate this Lease by giving Lease, the Tenant advance shall be given written Notice of Termination notice of the Lease ofproposed termination, as listed below: (1) Fourteen (14) days in the case of a. For failure to pay rent., at least fourteen (14) calendar days; (2) A reasonable time, not to exceed thirty (30) days, commensurate with the exigencies of the situation in the case of b. For creation or maintenance of a threat to the health or safety of other Tenants or PHA Landlord's employees., a reasonable time based on the urgency of the situation, at least seven (7) calendar days c. For drug related criminal activity or any other controlled substance on the Housing Commission premises; at lease twenty-four (324) Fifteen (15) days in hours; or d. For all other causes including drug related criminal activity or the abuse of alcohol or any drug-related case. (4) Thirty other controlled substance off the premises, thirty (30) days in all other cases. (b) calendar days, unless State law permits a shorter period. The Notice to Quit required by State law may be combined with or run concurrently with a Notice of Lease Termination required by this Lease. The Notice of Lease Termination from the Landlord shall be either personally delivered to the Tenant or to an adult member of the Tenant's family residing in the dwelling unit, or sent to the Tenant by First Class Mail, properly addressed, postage pre-paid. The notice shall: a. Specify the date the Lease shall state specific be terminated; b. State the grounds for termination, and shall inform the Tenant of his or her right to make such reply as the Tenant may wish. (c) The demand notice as required by the laws of the State of Georgia will be combined termination with and run concurrently with the notice of Lease termination. (d) When the PHA is required to afford the Tenant the opportunity for a hearing under the PHA's Grievance Procedure for a Grievance concerning the Lease termination, the tenancy will not terminate until the time enough detail for the Tenant to request prepare a Grievance Hearing has expired, and defense. The Landlord shall rely solely on the Grievance process has been completed. (e) When the PHA is not required to afford the Tenant the opportunity for a hearing under the PHA’s Grievance Procedure for a Grievance concerning the Lease termination, grounds stated in the Notice of Lease Termination shall:in the event eviction action is initiated; (1) State that c. Advise the Tenant is not entitled of the right to a reply as he or she may wish, to examine the Landlord's documents directly relevant to the termination or eviction, to use the Grievance Hearing on Policy to contest the termination. (2) Specify , or to defend the judicial eviction procedure to be used by the PHA action in court. When Landlord evicts an individual or family from a dwelling unit for eviction of the Tenantengaging in criminal activity, and state that HUD has determined that this eviction procedure provides the opportunity for a Hearing in court that contains the basic elements of due process as defined in HUD regulations. (3) State whether the eviction is for a criminal activity as in Section 21 (f) of this Lease or for a including drug-related criminal activity, also described in Section 21 (f) of this Lease. (f) This Lease may be terminated by the Tenant at any time by giving fifteen (15) days written Notice Landlord shall notify the local post office serving that dwelling unit that such individual or family is no longer residing in the manner specified in Section 21unit. The Tenant agrees to leave So the dwelling unit in a clean and good condition, reasonable wear and tear exceptedpost office will stop mail delivery for such person at the unit, and they will have no reason to return the keys to the Executive Director or designee upon vacatingunit for pickup of mail.

Appears in 1 contract

Samples: Lease Agreement

NOTICE OF LEASE TERMINATION. (a) The PHA may If the Landlord proposes to terminate this Lease by giving Lease, the Tenant advance Resident shall be given written Notice of Termination notice of the Lease ofproposed termination, as listed below: (1) Fourteen (14) days in the case of a. for failure to pay rent. , at least fourteen (2) A reasonable time, not to exceed thirty (3014) days, commensurate with the exigencies of the situation in the case of ; b. for creation or maintenance of a threat to the health or safety of other Tenants Residents or PHA Landlord's employees., a reasonable time based on the urgency of the situation; (3) Fifteen (15) days in any drug-related case. (4) Thirty c. for all other cases, thirty (30) days in all other cases. (b) days, unless State law permits a shorter period. The Notice of Lease Termination from the Landlord shall be either personally delivered to the Tenant Resident or to an adult member of the Resident's family residing in the dwelling unit, or sent to the Resident by First Class Mail, properly addressed, postage pre-paid. The notice of termination to Resident shall state specific grounds reasons for the termination, and shall inform the Tenant Resident of his or his/her right to make such reply as the Tenant he/she may wish. , and of Resident's right to examine Authority documents directly relevant to the termination or eviction. When the Authority is required to offer Resident the opportunity for a grievance hearing, the notice shall inform Resident of the right to request such a hearing in accordance with the Authority's grievance procedures. Any notice to vacate (cor quit) The demand notice as which is required by the laws of the State of Georgia will or local law may be combined with and or run concurrently with the notice of Lease termination. (d) termination under this section. The Notice to Vacate must be in writing, and specify that if Resident fails to quit the premises within the applicable statutory period, appropriate action will be brought against Resident and Resident may be required to pay the costs of court and attorney's fees. When the PHA Authority is required to afford offer Resident the Tenant opportunity for a grievance hearing under the Authority's grievance procedure for a grievance concerning the Lease termination, the tenancy shall not terminate (even if any Notice to Vacate under State or local law has expired) until the time period to request a hearing has expired, or (if a hearing is requested) the grievance process has been completed. When the Authority is not required to offer Resident the opportunity for a hearing under the PHA's Grievance Procedure for a Grievance concerning grievance procedure and the Lease terminationAuthority has decided to exclude such grievance from the Authority grievance procedure, the tenancy will not terminate until the time for the Tenant to request a Grievance Hearing has expired, and the Grievance process has been completed.notice of Lease termination shall; (ea) When the PHA is not required to afford the Tenant the opportunity for a hearing under the PHA’s Grievance Procedure for a Grievance concerning the Lease termination, the Notice of Lease Termination shall: (1) State state that the Tenant Resident is not entitled to a Grievance Hearing grievance hearing on the termination.; (2b) Specify specify the judicial eviction procedure to be used by the PHA Authority for eviction of the Tenant, and state that HUD has determined that this eviction procedure provides the opportunity for a Hearing hearing in a court that contains the basic elements of due process as defined in HUD regulations. ; and (3c) State state whether the eviction is for a criminal activity as in Section 21 (f) that threatens health or safety of this Lease residents or staff or for a drug-related criminal activity, also described in Section 21 (f) of this Lease. (f) This Lease may be terminated by the Tenant at any time by giving fifteen (15) days written Notice in the manner specified in Section 21. The Tenant agrees to leave Authority may evict the Resident from the dwelling unit only by bringing a court action; or as an alternative, the Authority may evict by bringing an administrative action if the law of the jurisdiction permits eviction by administrative action, after a due process administrative hearing and without a court determination of the rights and liabilities of the parties. In order to evict without bringing a court action, the Authority must offer the Resident the opportunity for a pre-eviction hearing in a clean and good conditionaccordance with the Authority's grievance procedure. In deciding to evict for criminal activity, reasonable wear and tear exceptedthe Authority shall have discretion to consider all of the circumstances of the case, including the seriousness of the offense, the extent of participation by or awareness of family members, and the effects that the eviction would have both on family members not involved in the proscribed activity and on the family's neighbors. In appropriate cases, the Authority may permit continued occupancy by remaining family members and may impose a condition that family members who engaged in the proscribed activity will neither reside in nor visit the unit. The Authority may require a family member who has engaged in the illegal use of drugs to present credible evidence of successful completion of a treatment program as a condition to being allowed to reside in the dwelling unit. When the Authority evicts a Resident from a dwelling unit for criminal activity the Authority shall notify the local post office serving that dwelling unit that such individual or family is no longer residing in the dwelling unit so the post office will stop mail delivery for such persons and they will have no reason to return the keys to the Executive Director or designee upon vacatingdwelling unit.

Appears in 1 contract

Samples: Dwelling Lease

NOTICE OF LEASE TERMINATION. (If the authority proposes to terminate this Lease, the Resident shall be given written notice of the proposed termination, as listed below: a) The PHA may terminate this Lease by giving the Tenant advance written Notice of Termination of the Lease of: (1) Fourteen (14) days in the case of For failure to pay rent., at least fourteen (14) calendar days; (2b) A reasonable time, not to exceed thirty (30) days, commensurate with the exigencies of the situation in the case of For creation or maintenance of a threat to the health or safety of other Tenants Residents or PHA the Authority’s employees., a reasonable time based on the urgency of the situation; or (3c) Fifteen (15) days in any drug-related case. (4) Thirty For all other cases, thirty (30) days in all other cases.calendar days, unless State laws permit a shorter period. The notice termination: (ba) The Notice notice of Lease Termination termination to the Tenant Resident shall state specific grounds reason for termination, the termination and shall inform the Tenant Resident of his or her their right to make such reply as file a grievance; b) Any notice to vacate the Tenant may wish. (c) The demand notice as premises which is required by the laws of the State of Georgia will state or local law may be combined with and with, or run concurrently with the notice of Lease termination.termination set out in this section. The Resident will be charge with all costs including, but not limited to, court costs and attorney fees unless the resident prevails in court. The Notice of Lease Termination from the Authority shall be served by the Sheriff or other means as allowed by State Law in a manner allowed by State Law, or sent to the resident by first class mail, properly addressed, postage pre-paid. The notice shall: (da) When Specify the PHA is required to afford the Tenant the opportunity for a hearing under the PHA's Grievance Procedure for a Grievance concerning date the Lease termination, shall be terminated; b) State the tenancy will not terminate until the time grounds for the Tenant termination with enough detail for the Resident to request prepare a Grievance Hearing has expired, and defense. The Authority shall rely solely on the Grievance process has been completed. (e) When the PHA is not required to afford the Tenant the opportunity for a hearing under the PHA’s Grievance Procedure for a Grievance concerning the Lease termination, grounds stated in the Notice of Lease Termination shall:in the event eviction action is initiated; (1c) State Advise the Resident of the right to reply. Resident may wish to examine the Authority’s documents directly relevant to the termination or eviction, to use the Grievance Policy to contest the termination, and/or to defend the action in court; d) In deciding to evict for criminal activity, the Authority shall have discretion to consider all of the circumstances of the case, including the seriousness of the offense, the extent of participation by household members, and the effects that the Tenant is eviction would have on household members not entitled involved in the proscribed activity. In appropriate cases, the Authority may permit continued occupancy by remaining household members and may impose a condition that household members who engaged in the proscribed activity will not reside in the apartment. The Authority may require a household member who has engaged in illegal use of drugs to present credible evidence of successful completion of a Grievance Hearing on treatment program as a condition of being allowed to reside in the terminationapartment. (2e) Specify the judicial eviction procedure to be used by the PHA The Authority may terminate this Lease for eviction serious or repeated violations of the Tenant, and state that HUD has determined that this eviction procedure provides the opportunity for a Hearing in court that contains the basic elements of due process as defined in HUD regulations. (3) State whether the eviction is for a criminal activity as in Section 21 (f) Resident’s obligations under any section of this Lease or for a drug-related criminal activity, also described in Section 21 (f) of this Lease. (f) This Lease may be terminated by the Tenant at any time by giving fifteen (15) days written Notice in the manner specified in Section 21other good cause. The Tenant agrees specific mention in this Lease that certain violations are considered serious violations and grounds for termination of the Lease do not prohibit the Authority from asserting in any proceeding that other violations of the Lease are serious violations and grounds for termination. The Authority’s failure to leave terminate the dwelling unit in Lease for a clean and good conditionserious repeated violation shall not prohibit the Authority from terminating the Lease based upon a resident’s subsequent, reasonable wear and tear excepted, and to return the keys to the Executive Director serious or designee upon vacatingrepeated violation.

Appears in 1 contract

Samples: Lease Agreement

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NOTICE OF LEASE TERMINATION. (a) The PHA may terminate this Lease by giving the Tenant advance AHA shall give written Notice of Termination notice of the Lease termination of: (1) Fourteen (14) 14 days in the case of failure to pay rent.; (2) A reasonable time, period of time considering the seriousness of the situation (but not to exceed thirty 30 days): (30a) days, commensurate with the exigencies of the situation in the case of creation or maintenance of a threat to If the health or safety of other Tenants tenants, AHA employees, or PHA employeesother persons residing in the vicinity of the Community is threatened; or (b) If Head of Household or any Resident has engaged in any drug-related criminal activity or violent criminal activity; or (c) If Head of Household or any Resident has been convicted of a felony. (3) Fifteen (15) 30 days in any drug-related other case. (4) Thirty (30) days in all other cases. (b) The Notice , except that if a state or local law allows for a shorter notice period, such shorter period shall apply. AHA's notice of Lease Termination termination to the Tenant Head of Household shall state the specific grounds for terminationthe termination and the specific Lease provisions violated, and shall inform the Tenant Head of Household of his or her right to make such reply as the Tenant he may wish. (c) The demand notice as required by , and his right to examine AHA documents directly relevant to the laws of the State of Georgia will be combined with and run concurrently with the notice of Lease termination. (d) . When the PHA AHA is required to afford offer Head of Household the Tenant opportunity for a grievance hearing, the notice shall inform Head of Household of the right to request such a hearing in accordance with AHA's Grievance Procedure, which is incorporated by reference herein and is posted in AHA's Central Office. When AHA is required to offer Head of Household the opportunity for a grievance hearing concerning the lease termination under the Grievance Procedure, the Lease shall not terminate until the time for Head of Household to request a grievance hearing has expired, or (if a hearing is requested) the grievance process has been completed. When AHA is not required to offer Head of Household the opportunity for a hearing under the PHA's Grievance Procedure for a Grievance concerning the Lease terminationProcedure, the tenancy will not terminate until the time for the Tenant to request a Grievance Hearing has expired, and the Grievance process has been completed. notice of lease termination shall (ea) When the PHA is not required to afford the Tenant the opportunity for a hearing under the PHA’s Grievance Procedure for a Grievance concerning the Lease termination, the Notice state that Head of Lease Termination shall: (1) State that the Tenant Household is not entitled to a Grievance Hearing grievance hearing on the termination. , (2b) Specify specify the judicial eviction procedure to be used by the PHA AHA for eviction of the Tenant, and state that HUD has determined that this eviction procedure provides the opportunity for a Hearing hearing in a court that contains the basic elements of due process as defined in HUD regulations. , and (3c) State state whether the eviction is for a criminal activity as in Section 21 (f) that threatens health or safety of this Lease residents or staff or for a drug-related criminal activity, also described in Section 21 (f) of this Lease. (f) This Lease may be terminated by the Tenant at any time by giving fifteen (15) days written Notice in the manner specified in Section 21. The Tenant agrees to leave the dwelling unit in a clean and good condition, reasonable wear and tear excepted, and to return the keys to the Executive Director or designee upon vacating.

Appears in 1 contract

Samples: Lease Agreement

NOTICE OF LEASE TERMINATION. (a) The PHA may If the HAP proposes to terminate this Lease by giving Lease, the Tenant advance Resident shall be given written Notice of Termination notice of the Lease ofproposed termination, as listed below: (1) Fourteen (14) days in the case of A. for failure to pay rent. , fourteen (2) A reasonable time, not to exceed thirty (3014) days, commensurate with the exigencies of the situation in the case of ; B. for creation or maintenance of a threat to the health or safety of other Tenants Residents or PHA the HAP's employees., or for violation of the ONE STRIKE policy (Section 15, A), seven (7) calendar days; (3) Fifteen (15) days in any drug-related case. (4) Thirty C. for all other cases, thirty (30) days days, unless State law permits a shorter period. The notice of termination to the Resident shall state specific reason for the termination and shall inform Resident of his right to file a grievance (except in all cases of eviction for drug related offenses or other cases. (b) One Strike violations). Any notice to vacate the premises which is required by state or local law may be combined with, or run concurrently with, the notice of Lease termination set out in this section. If an eviction action is filed, the Resident will be charged with court costs and attorney fees unless the resident prevails in court. The Notice of Lease Termination from the HAP either personally delivered by the HAP or authorized agent to the Tenant Resident or to an adult member of the Resident's family residing in the dwelling unit, or sent to the Resident by certified mail, properly addressed, postage pre-paid. The notice shall: A. specify the date the Lease shall be terminated; B. state specific the grounds for termination, and shall inform the Tenant of his or her right to make such reply as the Tenant may wish. (c) The demand notice as required by the laws of the State of Georgia will be combined termination with and run concurrently with the notice of Lease termination. (d) When the PHA is required to afford the Tenant the opportunity for a hearing under the PHA's Grievance Procedure for a Grievance concerning the Lease termination, the tenancy will not terminate until the time enough detail for the Tenant Resident to request prepare a Grievance Hearing has expired, and defense. The HAP shall rely solely on the Grievance process has been completed. (e) When the PHA is not required to afford the Tenant the opportunity for a hearing under the PHA’s Grievance Procedure for a Grievance concerning the Lease termination, grounds stated in the Notice of Lease Termination shall:in the event eviction action is initiated; (1) State C. advise the Resident of the right to reply as he or she may wish, to examine the HAP's documents directly relevant to the termination or eviction, to use the Grievance Policy to contest the termination, and/or to defend the action in court. In deciding to evict for criminal activity, the HAP shall have discretion to consider all of the circumstances of the case, including the seriousness of the offense, the extent of participation by family members, and the effects that the Tenant is eviction would have on family members not entitled to involved in the activity. In appropriate cases, the HAP may permit continued occupancy by remaining family members and may impose a Grievance Hearing condition that family members who engaged in the proscribed activity will not reside in the apartment or be allowed on the termination. (2) Specify the judicial eviction procedure to HAP’s property. The Resident will be used by the PHA for eviction in violation of the TenantLease for allowing a barred person to have access to the unit or escorting the barred person anywhere on HAP property. It is Resident’s responsibility to check the barred list for visitor’s names. The HAP may require a family member who has engaged in illegal use of drugs to present credible evidence of successful completion of a treatment program as a condition of being allowed to reside in the apartment. When the HAP evicts an individual or family from an apartment for engaging in criminal activity, including drug- related criminal activity, the HAP shall notify the local post office serving that apartment that such individual or family is no longer residing in the apartment (so that the post office will terminate the delivery of mail for such persons at the apartment, and state that HUD has determined that such persons not return to the HAP premises for pick-up of the mail). The HAP may terminate this eviction procedure provides the opportunity Lease for a Hearing in court that contains the basic elements serious or repeated violations of due process as defined in HUD regulations. (3) State whether the eviction is for a criminal activity as in Section 21 (f) Resident's obligations under any section of this Lease or for a drug-related criminal activity, also described in Section 21 (f) of this Lease. (f) This Lease may be terminated by the Tenant at any time by giving fifteen (15) days written Notice in the manner specified in Section 21other good cause. The Tenant agrees specific mention in this Lease that certain violations are considered serious violations and grounds for termination of the Lease does not prohibit the HAP from asserting in any proceeding that other violations of the Lease are serious violations and grounds for termination. The HAP's failure to leave terminate the dwelling unit in Lease for a clean and good conditionserious repeated violation shall not prohibit the HAP from terminating the Lease based upon a Resident's subsequent, reasonable wear and tear excepted, and to return the keys to the Executive Director serious or designee upon vacatingrepeated violation.

Appears in 1 contract

Samples: Lease Agreement

NOTICE OF LEASE TERMINATION. (a) The PHA may terminate this Lease by giving the Tenant advance written Notice of Termination of the Lease of: (1) Fourteen (14) days in the case of failure to pay rent. (2) A reasonable time, not to exceed thirty (30) days, commensurate with the exigencies of the situation in the case of creation or maintenance of a threat to the health or safety of other Tenants or PHA employees. (3) Fifteen (15) days in any drug-related case. (4) Thirty (30) days in all other cases. (b) The Notice of Lease Termination to the Tenant shall state specific grounds for termination, and shall inform the Tenant of his or her right to make such reply as the Tenant may wish. (c) The demand notice as required by the laws of the State of Georgia will be combined with and run concurrently with the notice of Lease termination. (d) When the PHA is required to afford the Tenant the opportunity for a hearing under the PHA's Grievance Procedure for a Grievance concerning the Lease termination, the tenancy will not terminate until the time for the Tenant to request a Grievance Hearing has expired, and where the Tenant requests a Grievance Hearing, until the Grievance process has been completed. (e) When the PHA is not required to afford the Tenant the opportunity for a hearing under the PHA’s 's Grievance Procedure for a Grievance concerning the Lease termination, the Notice of Lease Termination shall: (1) State that the Tenant is not entitled to a Grievance Hearing on the termination. (2) Specify the judicial eviction procedure to be used by the PHA for eviction of the Tenant, and state that HUD has determined that this eviction procedure provides the opportunity for a Hearing in court that contains the basic elements of due process as defined in HUD regulations. (3) State whether the eviction is for a criminal activity as in Section 21 15 (fe) of this Lease or for a drug-related criminal activity, also described in Section 21 15 (fe) of this Lease. (f) This Lease may be terminated by the Tenant at any time by giving fifteen (15) days written Notice in the manner specified in Section 2119. The Tenant Xxxxxx agrees to leave the dwelling unit in a clean and good condition, reasonable wear and tear excepted, and to return the keys to the Executive Director or designee upon vacating.

Appears in 1 contract

Samples: Dwelling Lease

NOTICE OF LEASE TERMINATION. (a) The PHA may If the Landlord proposes to terminate this Lease by giving Lease, the Tenant advance shall be given written Notice of Termination notice of the Lease ofproposed termination, as listed below: (1) Fourteen (14) days in the case of a. For failure to pay rent., at least fourteen (14) calendar days; (2) A reasonable time, not to exceed thirty (30) days, commensurate with the exigencies of the situation in the case of b. For creation or maintenance of a threat to the health or safety of other Tenants or PHA Landlord’s employees., at least seven (7) calendar days; c. For drug related criminal activity or any other controlled substance on the Housing Commission premises; at least twenty-four (324) Fifteen (15) days in hours; or d. For all other causes including drug related criminal activity or the abuse of alcohol or any drug-related case. (4) Thirty other controlled substance off the premises, thirty (30) days in all other cases. (b) days, unless State law permits a shorter period. The Notice to Quit required by State or local law may be combined with or run concurrently with a Notice of Lease Termination required by this Lease. The Notice of Lease Termination from the Landlord shall be either personally delivered to the Tenant or to an adult member of the Tenant’s family residing in the dwelling unit, or sent to the Tenant by First Class Mail, properly addressed, postage pre-paid. The notice shall: a. Specify the date the Lease shall state specific be terminated; b. State the grounds for termination, and shall inform the Tenant of his or her right to make such reply as the Tenant may wish. (c) The demand notice as required by the laws of the State of Georgia will be combined termination with and run concurrently with the notice of Lease termination. (d) When the PHA is required to afford the Tenant the opportunity for a hearing under the PHA's Grievance Procedure for a Grievance concerning the Lease termination, the tenancy will not terminate until the time enough detail for the Tenant to request prepare a Grievance Hearing has expired, and defense. The Landlord shall rely solely on the Grievance process has been completed. (e) When the PHA is not required to afford the Tenant the opportunity for a hearing under the PHA’s Grievance Procedure for a Grievance concerning the Lease termination, grounds stated in the Notice of Lease Termination shall:in the event eviction action is initiated; (1) State that c. Advise the Tenant is not entitled of the right to a reply as he or she may wish, to examine the Landlord’s documents directly relevant to the termination or eviction, to use the Grievance Hearing on Policy to contest the termination. (2) Specify , and/or to defend the judicial eviction procedure to be used by the PHA action in court. When Landlord evicts an individual or family from a dwelling unit for eviction of the Tenant, and state that HUD has determined that this eviction procedure provides the opportunity for a Hearing engaging in court that contains the basic elements of due process as defined in HUD regulations. (3) State whether the eviction is for a criminal activity as in Section 21 (f) of this Lease or for a activity, including drug-related criminal activity, also described in Section 21 (f) of this Lease. (f) This Lease may be terminated by the Tenant at any time by giving fifteen (15) days written Notice Landlord shall notify the local post office serving that dwelling unit that such individual or family is no longer residing in the manner specified in Section 21unit. The Tenant agrees to leave So the dwelling unit in a clean and good condition, reasonable wear and tear exceptedPost Office will stop mail delivery for such person at the unit, and they will have no reason to return the keys to the Executive Director or designee upon vacatingunit for pickup of mail.

Appears in 1 contract

Samples: Dwelling Lease

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