Retroactive Rent Clause Samples
The Retroactive Rent clause establishes that rent payments may be applied to a period prior to the date the agreement is signed or becomes effective. In practice, this means that a tenant could be required to pay rent covering time before the formal start of the lease, such as when they have already occupied the premises or benefited from its use. This clause ensures that landlords are compensated for any use of the property before the official lease commencement, addressing potential gaps in payment and clarifying financial obligations for both parties.
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Retroactive Rent. The Tenant shall be required to pay retroactive rent resulting from, ▇▇▇▇▇▇’s underreporting or failure to report income, failure to provide adequate documentation, failure to report changes in a timely manner, or misrepresentation of income or family circumstances to the PHA. The PHA shall determine the retroactive rent amount as far back as the PHA is able to document. Upon determination of the retroactive rent amount, the family shall be required to pay the retroactive amount in full or enter into a Repayment Agreement with the PHA. The Repayment Agreement shall clearly state the total retroactive rent amount payable to the PHA in addition to the family’s regular monthly rent. The repayment time period in which the retroactive rent balance will be paid shall be based on the monthly payments determined and the retroactive balance. The PHA shall have full discretion in establishing the number of months in the Repayment Agreement for the family to pay the debt. A minimum rent hardship exemption previously granted to a family owing retroactive rent will be automatically revoked and the family will be required to pay the retroactive rent in full or enter into a Repayment Agreement for any retroactive rent owed, including rent owed during the hardship exemption period. Late and missed retroactive rent payments by the family shall constitute default of the Repayment Agreement. In such cases, the PHA shall have the right to terminate this Lease and obtain possession of the dwelling unit pursuant to available legal remedies. All payments must be made by check or money order at the Management Office, or mailed to ▇▇▇ ▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. The PHA will not accept cash payment. There will be a thirty-five dollar ($35.00) charge on any returned check. Tenants who have submitted a returned check will be required to make all further payments by money order or cashier’s check.
Retroactive Rent. If Head of Household misrepresents, or omits, or otherwise fails to inform AHA of any information in connection with an annual re-examination or interim rent adjustment, and it results in a lower rent than what should have been charged, AHA may, in its sole discretion, terminate the Lease and/or may make the increase in rent retroactive to the date it would have been effective, in addition to pursuing any additional action allowed under federal, state or local law. Should Head of Household file or have filed against him any case under the Bankruptcy Code, payments under any Repayment Agreement for retroactive rent shall be considered part of this Lease for all purposes, including assumption or rejection of executory contracts and unexpired leases under 11 U.S.C. § 365.