Termination of the Lease. In terminating the Lease, the following procedures shall be followed by the Authority and Tenant: (a) This Lease may be terminated prior to its expiration date only for serious or repeated violations of material terms of the Lease, such as failure to make payments due under the lease or to fulfill Tenant obligations set forth in Section IX above, or for other good cause. Such serious or repeated violation of terms shall include but not be limited to: (1) The failure to pay rent or other payments when due; (2) Repeated late payment, which shall be defined as failure to pay the amount of rent or other charges due on the designated date will be used in consideration of execution of rent re- payments. (3) Failure to pay utility bills when Tenant is responsible for paying such bills directly to the supplier of utilities; (4) Discovery after admission of facts that made the tenant ineligible; (5) Discovery of material false statements or fraud by the tenant in connection with an application for assistance or with reexamination of income or family composition; (6) Failure to supply, in a timely fashion, any certification, release, information, or documentation on Family income or composition needed to process annual reexaminations or interim re- determinations; (7) Refusal to accept and execute an amendment, lease revision or written rider to the lease after the Authority provides at least 60 day notice of the proposed effect of the amendment, lease revision or written rider and provides the tenant a reasonable time to respond to the offer to accept and execute the amendment, lease revision or written rider; (8) Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any project site; (9) Criminal or other activity by a member of the household that threatens the health or safety of other public housing residents, employees of the Authority, contractors or their employees, anyone with permission or of persons residing in the immediate vicinity of the premises; or (10) If Tenant, member of the household, guest or any other person under Tenant’s control has engaged in any drug-related criminal activity on or off the premises, including cases where: A. Tenant, member of the household or guest has engaged in drug trafficking; or B. Tenant, household member or guest has engaged in illegal drug use (including cases where the Authority determines that illegal drug use or a pattern of illegal drug use by a household member may threaten the health, safety or right to peaceful enjoyment of the premises by other residents); (11) If a member of the household is: A. Fleeing to avoid prosecution, or custody or confinement after conviction, for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees; or B. Violating a condition of probation or parole imposed under Federal or State law. (12) Illegal weapons or drugs seized in an Authority unit by a law enforcement officer; (13) Any fire on Authority premises caused by the tenant, household members or guests’ neglect. (14) Continued noncompliance of the community service requirement, on the part of any non- exempt adult resident: Continued noncompliance is defined as the 12-month period after the head of household and noncompliant non-exempt adult have signed an agreement that the noncompliant non-exempt adult shall cure the noncompliance by making up the community service hours in the subsequent 12 months. This continued noncompliance will result in eviction of the entire family, unless the noncompliant family member is no longer part of the household. (15) The second incident (in a one-year period) of disconnecting the batteries in or removing any smoke detector in the dwelling unit. (b) The Authority shall terminate assistance permanently for persons convicted of manufacturing or producing methamphetamine on the premises. "Premises" is the building or complex in which the dwelling unit is located, including common areas and grounds. Also included in the permanent terminated assistance are those placed on a sex offender’s registrar.
Appears in 1 contract
Samples: Residential Lease Agreement
Termination of the Lease. In terminating the Lease, the following procedures shall be followed by the Authority and Tenant:
(a) This Lease may be terminated prior to its expiration date only for serious or repeated violations of material terms of the Lease, such as failure to make payments due under the lease or to fulfill Tenant obligations set forth in Section section IX above, or for other good cause. Such serious or repeated violation of terms shall include but not be limited to:
(1) The failure to pay rent or other payments when due;
(2) Repeated late payment, which shall be defined as failure to pay the amount of rent or other charges due on by the designated date will be used in consideration 5th Working Day of execution the month. Four such late payments within a 12 month period shall constitute a repeated late payment; and possible termination of rent re- paymentsyour lease with a 14 day notice to vacate.
(3) Failure to pay utility bills when Tenant is responsible for paying such bills directly to the supplier of utilities;utilities and services are disconnected the tenant will receive a 5 day notice to vacate the premises
(4) Discovery after admission of facts that made the tenant ineligible;
(5) Discovery of material false statements or fraud by the tenant in connection with an application for assistance or with reexamination of income or family composition;
(6) Failure to supply, in a timely fashion, any certification, release, information, or documentation on Family income or composition needed to process annual reexaminations or interim re- determinationsredeterminations;
(7) Refusal to accept and execute an amendment, lease revision or written rider to the lease after the Authority provides at least 60 day days notice of the proposed effect of the amendment, lease revision or written rider and provides the tenant a reasonable time to respond to the offer to accept and execute the amendment, lease revision or written rider;
(8) Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any project site;
(9) Criminal or other activity Activity by a member of the household that threatens the health or safety of other public housing residents, employees of the Authority, contractors or their employees, anyone with permission residents or of persons residing in the immediate vicinity of the premises; orthe tenant may receive a 30 day notice to vacate.
(10) Activity by a member of the household that threatens the health or safety of PHA management staff, other residents or employees, or any drug-related activity on or off the premises; tenant may receive a 30 day notice to vacate.
(11) If Tenantany resident, member of the household, household or guest or any other person under Tenant’s control has engaged in any drug-related criminal activity on or off the premises, including cases where:
A. TenantA resident, member of the household or guest has engaged in drug trafficking; or
B. TenantA resident, household member or guest has engaged in illegal drug use (including cases where the Authority determines that illegal drug use or a pattern of illegal drug use by a household member may threaten the health, safety or right to peaceful enjoyment of the premises by other residents);
(1112) If a member of the household is:
A. Fleeing X. Xxxxxxx to avoid prosecution, or custody or confinement after conviction, for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees; flees or
B. Violating a condition of probation or parole imposed under Federal or State law.
(1213) Illegal weapons Weapons or illegal drugs seized in an Authority unit by a law enforcement officer;
(1314) Any fire on Authority premises caused by the tenant, household members or guests’ neglect.
(14) Continued noncompliance of the community service requirement, on the part of any non- exempt adult resident: Continued noncompliance is defined as the 12-month period after the head of household and noncompliant non-exempt adult have signed an agreement that the noncompliant non-exempt adult shall cure the noncompliance by making up the community service hours in the subsequent 12 months. This continued noncompliance will result in eviction of the entire family, unless the noncompliant family member is no longer part of the household.
(15) The second third incident (in a one-year 12 month period) of disconnecting the batteries in or removing any smoke detector in the dwelling unit.
(b) The Authority shall terminate assistance permanently for persons convicted of manufacturing or producing methamphetamine on the premises. "Premises" is the building or complex in which the dwelling unit is located, including common areas and grounds. Also included in the permanent terminated assistance are those placed on a sex offender’s registrar.
Appears in 1 contract
Samples: Residential Lease Agreement
Termination of the Lease. In terminating the Lease, the following procedures shall be followed by the Authority and Tenant:
(a) This Lease may be terminated prior to its expiration date only for serious or repeated violations of material terms of the Lease, such as failure to make payments due under the lease or to fulfill Tenant obligations set forth in Section section IX above, or for other good cause. Such serious or repeated violation of terms shall include but not be limited to:
(1) The failure to pay rent or other payments when due;
(2) Repeated late payment, which shall be defined as failure to pay the amount of rent or other charges due on by the designated date will be used in consideration 5th Working Day of execution the month. Four such late payments within a 12 month period shall constitute a repeated late payment; and possible termination of rent re- paymentsyour lease with a 14 day notice to vacate.
(3) Failure to pay utility bills when Tenant is responsible for paying such bills directly to the supplier of utilities;utilities and services are disconnected the tenant will receive a 5 day notice to vacate the premises
(4) Discovery after admission of facts that made the tenant ineligible;
(5) Discovery of material false statements or fraud by the tenant in connection with an application for assistance or with reexamination of income or family composition;
(6) Failure to supply, in a timely fashion, any certification, release, information, or documentation on Family income or composition needed to process annual reexaminations or interim re- determinationsredeterminations;
(7) Refusal to accept and execute an amendment, lease revision or written rider to the lease after the Authority provides at least 60 day days notice of the proposed effect of the amendment, lease revision or written rider and provides the tenant a reasonable time to respond to the offer to accept and execute the amendment, lease revision or written rider;
(8) Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any project site;
(9) Criminal or other activity Activity by a member of the household that threatens the health or safety of other public housing residents, employees of the Authority, contractors or their employees, anyone with permission residents or of persons residing in the immediate vicinity of the premises; orthe tenant may receive a 30 day notice to vacate.
(10) Activity by a member of the household that threatens the health or safety of PHA management staff, other residents or employees, or any drug-related activity on or off the premises; tenant may receive a 30 day notice to vacate.
(11) If Tenantany resident, member of the household, household or guest or any other person under Tenant’s control has engaged in any drug-related criminal activity on or off the premises, including cases where:
A. TenantA resident, member of the household or guest has engaged in drug trafficking; or
B. TenantA resident, household member or guest has engaged in illegal drug use (including cases where the Authority determines that illegal drug use or a pattern of illegal drug use by a household member may threaten the health, safety or right to peaceful enjoyment of the premises by other residents);
(1112) If a member of the household is:
A. Fleeing to avoid prosecution, or custody or confinement after conviction, for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees; flees or
B. Violating a condition of probation or parole imposed under Federal or State law.
(1213) Illegal weapons Weapons or illegal drugs seized in an Authority unit by a law enforcement officer;
(1314) Any fire on Authority premises caused by the tenant, household members or guests’ neglect.
(14) Continued noncompliance of the community service requirement, on the part of any non- exempt adult resident: Continued noncompliance is defined as the 12-month period after the head of household and noncompliant non-exempt adult have signed an agreement that the noncompliant non-exempt adult shall cure the noncompliance by making up the community service hours in the subsequent 12 months. This continued noncompliance will result in eviction of the entire family, unless the noncompliant family member is no longer part of the household.
(15) The second third incident (in a one-year 12 month period) of disconnecting the batteries in or removing any smoke detector in the dwelling unit.
(b) The Authority shall terminate assistance permanently for persons convicted of manufacturing or producing methamphetamine on the premises. "Premises" is the building or complex in which the dwelling unit is located, including common areas and grounds. Also included in the permanent terminated assistance are those placed on a sex offender’s registrar.
Appears in 1 contract
Samples: Residential Lease Agreement
Termination of the Lease. In terminating For termination of the Lease, the following procedures shall be followed by the Authority CHA and Tenantthe resident:
(a) The resident may terminate this Lease at any time by giving 15 days written notice. Failure to give the said notice to management may result in additional rent being charged to the resident's account. The resident is responsible for the final month's rent until the vacate date. The security deposit may not be used by the resident for the rent or other charges.
(b) This Lease may be terminated prior to its expiration date by the CHA only for serious or repeated violations of material terms of the Lease, including violations of the building or property rules and regulations attached as Rider # 3, such as failure to make payments due under the lease Lease, failure to make and maintain utility payments and the utility connection in the head of household or co-head’s name, violation of the occupancy guidelines, and/or failure to fulfill Tenant resident obligations set forth above. A resident who receives four Notices of Lease Termination for late rent payments in Section IX aboveone 12-month period will be subject to termination of the Lease.
(c) The Lease will also be terminated if:
1. The resident allows an individual to reside in the unit who has not satisfied the screening requirements established by the CHA or site-specific screening criteria for 000 Xxxxx Xxxxxx Condominiums;
2. The resident falsifies documents regarding any resident family member’s use of an illegal controlled substance or abuse of alcohol;
3. The resident is fleeing to avoid prosecution, custody, or confinement after conviction for a crime or attempt to commit a crime, which is a felony under the laws of the state from which he/she flees, or for other good cause. Such serious violating a condition of probation or repeated violation of terms shall include but not be limited to:
(1) The failure to pay rent parole imposed under federal or other payments when duestate law;
(2) Repeated late payment, which shall be defined as failure to pay the amount of rent or other charges due on the designated date will be used 4. There is any criminal activity engaged in consideration of execution of rent re- payments.
(3) Failure to pay utility bills when Tenant is responsible for paying such bills directly to the supplier of utilities;
(4) Discovery after admission of facts that made the tenant ineligible;
(5) Discovery of material false statements or fraud by the tenant in connection with an application for assistance or with reexamination of income or family composition;
(6) Failure to supply, in a timely fashionresident, any certification, release, information, or documentation on Family income or composition needed to process annual reexaminations or interim re- determinations;
(7) Refusal to accept and execute an amendment, lease revision or written rider to the lease after the Authority provides at least 60 day notice of the proposed effect of the amendment, lease revision or written rider and provides the tenant a reasonable time to respond to the offer to accept and execute the amendment, lease revision or written rider;
(8) Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any project site;
(9) Criminal or other activity by a member of the household household, a guest, or another person under the resident’s control that threatens the health health, safety, or safety right of peaceful enjoyment of the premises by other public housing residents, employees of the Authorityan ownership association/entity, contractors or their property management employees hired by an ownership association/entity, CHA contractors, CHA employees, anyone with permission agents of CHA, or of persons residing in the immediate vicinity of the premises; or;
(10) If Tenant, member of the household, guest or any other person under Tenant’s control has engaged in 5. There is any drug-related criminal activity on or off the premisespremises by the resident, any resident family member, or a guest;
6. The TENANT fails to voluntarily decrease the household composition to meet the occupancy guidelines, where there are adult members of the family/household who can be removed from the household composition, after the TENANT refuses or otherwise fails to accept transfer options offered by the CHA to address unit overcrowding and the need for a larger unit;
7. Any criminal activity related to offenses against property, such as but not limited to felony burglary, robbery, or online/internet theft, resulting in a felony conviction;
8. Any criminal activity related to fraud or fraud against a government entity or programs, resulting in a felony conviction;
9. The resident or any resident family member is convicted of manufacture or production of methamphetamines;
10. The resident or any family member is subject to a lifetime or any registration requirement under a state sex offender registration program, including cases where:
A. Tenant, member of the household or guest has engaged in drug traffickingten-year Illinois State Sex Offender Registration Act; or
B. Tenant, household 11. The resident or any resident family member or guest has engaged is involved in illegal drug use (including cases where the Authority determines that illegal drug use or a pattern of illegal drug use by a household member may threaten the health, safety or right to peaceful enjoyment of the premises by other residents);
(11) If a member of the household is:
A. Fleeing to avoid prosecution, or custody or confinement after conviction, for a crime, or attempt to commit a crime, criminal and/or drug-related activity that is a felony threat to the health and safety as determined by the use of a criminal background report.
12. The resident household is over the income limit of the housing program. A family will not be evicted if the family is receiving income disallowance.
13. This Lease may be terminated or not renewed by CHA, if members of the resident household do not meet the continued occupancy criteria within the time frame and circumstances described in Lease Rider # 2.
14. This Lease will be terminated or will not be renewed by CHA if members of the resident household are found to be ineligible for public housing under the laws of guidelines set forth in the place from which federal regulations and the individual flees; or
B. Violating a condition of probation CHA’s Admissions and Continued Occupancy Policy or parole imposed under Federal or State laware found to no longer meet the site-specific screening criteria for 000 Xxxxx Xxxxxx Condominiums.
(12) Illegal weapons or drugs seized in an Authority unit by a law enforcement officer;
(13) Any fire on Authority premises caused 15. This Lease may be terminated by the tenantCHA for failure to comply with the owernship entitiy or Condominium Association Rules and Regulations, household members Declarations or guests’ neglectBy-Laws. See Lease Riders #3 & #4.
(14) Continued noncompliance of the community service requirement, on the part of any non- exempt adult resident: Continued noncompliance is defined as the 12-month period after the head of household and noncompliant non-exempt adult have signed an agreement that the noncompliant non-exempt adult shall cure the noncompliance by making up the community service hours in the subsequent 12 months. This continued noncompliance will result in eviction of the entire family, unless the noncompliant family member is no longer part of the household.
(15) The second incident (in a one-year period) of disconnecting the batteries in or removing any smoke detector in the dwelling unit.
(b) The Authority shall terminate assistance permanently for persons convicted of manufacturing or producing methamphetamine on the premises. "Premises" is the building or complex in which the dwelling unit is located, including common areas and grounds. Also included in the permanent terminated assistance are those placed on a sex offender’s registrar.
Appears in 1 contract
Samples: Residential Lease Agreement
Termination of the Lease. In terminating For termination of the Lease, the following procedures shall be followed by CMHDC and the Authority and TenantResident:
(a) The Resident may terminate this Lease at any time by giving fifteen (15) days written notice. Failure to give the said notice to management may result in additional rent being charged to the Resident's account: The Resident is responsible for the final month's rent until the vacate date. The security deposit may not be used for the rent or other charges.
(b) This Lease may be terminated prior to its expiration date or not renewed by CMHDC only for serious or repeated violations of material terms of the Lease, all attached riders, the Domain Lofts House Rules, and Domain Lofts Condominium Association Declaration, By-Laws, and any amendments thereto, such as failure to make payments due under the lease or Lease and/or failure to fulfill Tenant Resident obligations set forth above. A Resident who receives four (4) Notices of Termination for late rent payments in Section IX above, or for other good cause. Such serious or repeated violation of terms shall include but not be limited to:
(1) The failure to pay rent or other payments when due;
(2) Repeated late payment, which shall be defined as failure to pay the amount of rent or other charges due on the designated date one 12-month period will be used in consideration subject to termination of execution of rent re- paymentsthe Lease.
(3c) Failure to pay utility bills when Tenant is responsible for paying such bills directly to the supplier of utilities;The Lease may be terminated for:
(4) Discovery after admission of facts that made the tenant ineligible;
(5) Discovery of material false statements or fraud 1. Any criminal activity engaged in by the tenant in connection with an application for assistance or with reexamination of income or family composition;
(6) Failure to supply, in a timely fashionResident, any certification, release, information, or documentation on Family income or composition needed to process annual reexaminations or interim re- determinations;
(7) Refusal to accept and execute an amendment, lease revision or written rider to the lease after the Authority provides at least 60 day notice of the proposed effect of the amendment, lease revision or written rider and provides the tenant a reasonable time to respond to the offer to accept and execute the amendment, lease revision or written rider;
(8) Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any project site;
(9) Criminal or other activity by a member of the household household, a guest, or another person under the Resident’s control that threatens the health health, safety or safety right of other public housing residents, employees peaceful enjoyment of the Authoritypremises by other Residents, contractors or their CMHDC and Domain Lofts employees, anyone with permission agents of CMHDC and Domain Lofts, or of persons residing in the immediate vicinity of the premises; or
(10) If Tenant, member of the household, guest or any other person under Tenant’s control has engaged in any 2. Any drug-related criminal activity on or off the premisespremises performed by the Resident, including cases where:
A. Tenant, any member of the household household, a guest, or guest another person under the Resident’s control. CMHDC will not be required to prove that the Resident knew, or should have known, that the member of the household, guest, or another person under the Resident’s control was engaged in the prohibited activity. However, the Resident may raise as a defense that the Resident did not know, nor should have known, of said criminal activity. Such a defense must be proven by the Resident by the preponderance of the evidence.
(d) In deciding to evict for criminal activity, CMHDC shall 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 eviction would have on family members not involved in the proscribed activity. In appropriate cases, CMHDC 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 dwelling unit. CMHDC may require a family member who has engaged in drug trafficking; or
B. Tenant, household member or guest has engaged in the illegal drug use (including cases where the Authority determines that illegal drug use or of drugs to present evidence of successful completion of a pattern of illegal drug use by a household member may threaten the health, safety or right to peaceful enjoyment of the premises by other residents);
(11) If a member of the household is:
A. Fleeing to avoid prosecution, or custody or confinement after conviction, for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees; or
B. Violating treatment program as a condition of probation or parole imposed under Federal or State law.
(12) Illegal weapons or drugs seized in an Authority unit by a law enforcement officer;
(13) Any fire on Authority premises caused by the tenant, household members or guests’ neglect.
(14) Continued noncompliance of the community service requirement, on the part of any non- exempt adult resident: Continued noncompliance is defined as the 12-month period after the head of household and noncompliant non-exempt adult have signed an agreement that the noncompliant non-exempt adult shall cure the noncompliance by making up the community service hours in the subsequent 12 months. This continued noncompliance will result in eviction of the entire family, unless the noncompliant family member is no longer part of the household.
(15) The second incident (in a one-year period) of disconnecting the batteries in or removing any smoke detector to being allowed to reside in the dwelling unit.
(be) The Authority CMHDC shall terminate assistance permanently for persons convicted give written notice of manufacturing proposed termination in English or producing methamphetamine on the premises. "Premises" is the building Spanish or complex in which the dwelling unit is locatedother language as needed or, including common areas and grounds. Also included in the permanent terminated assistance are those placed on case of a sex offender’s registrar.Resident with a disability, in an accessible format, for:
Appears in 1 contract
Samples: Residential Lease
