Termination of the Lease. A. Tenant shall terminate the Lease and vacate the premises only upon giving the Authority thirty (30) days written notice. At termination, Tenant shall leave the premises in a clean and good condition; reasonable wear and tear accepted, and shall return all keys to the premises. The failure to return all keys shall be deemed a negligent or intentional action by Tenant resulting in damage incurred by the Authority for which the Authority may charge or claim an amount equal to the cost of replacing all of the locks affected. B. The Authority shall terminate the Lease only for a serious or repeated violation of a material term of the Lease, which includes, but is not limited to, failure to make payments due under the Lease or to fulfill the Tenant’s obligations set forth in Section X or elsewhere in the Lease, and for other good cause. Without limiting the generality of the above, Xxxxxx and the Authority agree that a single event or incident of the following matters shall constitute cause for termination: 1. Any Tenant misrepresentation of household income, assets, or composition; 2. Any failure by Tenant to timely submit, when requested to do so, any certification, release, information, or documentation regarding household income or composition deemed to be needed by the Authority in order to fully and accurately complete an annual, special or interim review; 3. Any (i) criminal activity that threatens the health, safety, or right to peaceful enjoyment of the Development of any other resident of the Development, or any employee or contractor of the Authority, or any person residing in the immediate vicinity of Tenant’s Residence; or
Appears in 2 contracts
Samples: Public Housing Lease Agreement, Public Housing Lease Agreement
Termination of the Lease. A. Tenant shall terminate the Lease and vacate the premises only upon giving the Authority thirty (30) days written notice. At termination, Tenant shall leave the premises in a clean and good condition; reasonable wear and tear accepted, and shall return all keys to the premises. The failure to return all keys shall be deemed a negligent or intentional action by Tenant resulting in damage incurred by the Authority for which the Authority may charge or claim an amount equal to the cost of replacing all of the locks affected.
B. The Authority shall terminate the Lease only for a serious or repeated violation of a material term of the Lease, which includes, but is not limited to, failure to make payments due under the Lease or to fulfill the Tenant’s obligations set forth in Section X or elsewhere in the Lease, and for other good cause. Without limiting the generality of the above, Xxxxxx Tenant and the Authority agree that a single event or incident of the following matters shall constitute cause for termination:
1. Any Tenant misrepresentation of household income, assets, or composition;
2. Any failure by Tenant to timely submit, when requested to do so, any certification, release, information, or documentation regarding household income or composition deemed to be needed by the Authority in order to fully and accurately complete an annual, special or interim review;
3. Any (i) criminal activity that threatens the health, safety, or right to peaceful enjoyment of the Development of any other resident of the Development, or any employee or contractor of the Authority, or any person residing in the immediate vicinity of Tenant’s Residence; oror (ii) any violent or drug-related criminal activity on or off the premises or the Development, where the above-described activity is engaged in by Tenant, any member of Tenant’s household, any guest, or any other person under Tenant’s control;
4. Any conviction for manufacturing methamphetamines on the premises;
5. Any determination or discovery that Tenant or a member of Tenant’s household is a registered sex offender;
6. Any abuse (or pattern of abuse) of alcohol or any illegal use (or pattern of illegal use) of a controlled substance by Tenant, any member of Tenant’s household, any guest, or any other person under Tenant’s control, which is determined by the Authority to interfere with the health, safety, or right to peaceful enjoyment of the Development of any other resident of the Development;
7. If Tenant or any co-tenant is fleeing to avoid prosecution, or custody or confinement after eviction, under the laws of the place from which the individual flees, for a crime, or attempt to commit a crime, which is a felony under the laws of the place from which the individual flees, or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of such State; and
8. Any violation by Tenant or any co-tenant of a condition of probation or parole imposed under Federal or State law. As used in the Lease, “criminal activity” does not require a conviction or arrest and may be established by a preponderance of the evidence.
C. The Authority shall give written notice of the Lease termination of:
1. Fourteen (14) days in the case of failure to pay rent or other charges due;
2. Five (5) calendar days for utilities not in service;
3. A reasonable time considering the seriousness of the situation (but not to exceed thirty (30) days) when the health or safety of other residents, or the employees or contractors of the Authority, or any person residing in the immediate vicinity of Tenant’s premises, is threatened; and
4. Thirty
Appears in 2 contracts
Samples: Public Housing Lease Agreement, Public Housing Lease Agreement
Termination of the Lease. A. Tenant shall terminate the Lease and vacate the premises only upon giving the Authority thirty (30) days written notice. At termination, Tenant shall leave the premises in a clean and good condition; , reasonable wear and tear acceptedexcepted, and shall return all keys to the premises. The failure to return all keys shall be deemed a negligent or intentional action by Tenant resulting in damage incurred by the Authority for which the Authority may charge or claim an amount equal to the cost of replacing all of the locks affected.
B. The Authority shall terminate the Lease only for a serious or repeated violation of a material term of the Lease, which includes, but is not limited to, failure to make payments due under the Lease or to fulfill the Tenant’s obligations set forth in Section X or elsewhere in the Lease, and for other good cause. Without limiting the generality of the above, Xxxxxx Tenant and the Authority agree that a single event or incident of the following matters shall constitute cause for termination:
1. Any Tenant misrepresentation of household income, assets, or composition;
2. Any failure by Tenant to timely submit, when requested to do so, any certification, release, information, or documentation regarding household income or composition deemed to be needed by the Authority in order to fully and accurately complete an annual, special or interim review;
3. Any (i) criminal activity that threatens the health, safety, or right to peaceful enjoyment of the Development of any other resident of the Development, or any employee or contractor of the Authority, or any person residing in the immediate vicinity of Tenant’s Residence; oror (ii) any violent or drug-related criminal activity on or off the premises or the Development, where the above- described activity is engaged in by Tenant, any member of Tenant’s household, any guest, or any other person under Tenant’s control;
4. Any conviction for manufacturing methamphetamines on the premises;
5. Any determination or discovery that Tenant or a member of Tenant’s household is a registered sex offender;
6. Any abuse (or pattern of abuse) of alcohol or any illegal use (or pattern of illegal use) of a controlled substance by Tenant, any member of Tenant’s household, any guest, or any other person under Tenant’s control, which is determined by the Authority to interfere with the health, safety, or right to peaceful enjoyment of the Development of any other resident of the Development;
7. If Tenant or any co-tenant is fleeing to avoid prosecution, or custody or confinement after eviction, under the laws of the place from which the individual flees, for a crime, or attempt to commit a crime, which is a felony under the laws of the place from which the individual flees, or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of such State; and
8. Any violation by Tenant or any co-tenant of a condition of probation or parole imposed under Federal or State law. As used in the Lease, “criminal activity” does not require a conviction or arrest and may be established by a preponderance of the evidence.
C. The Authority shall give written notice of the Lease termination of:
1. Fourteen (14) days in the case of failure to pay rent or other charges due;
2. A reasonable time considering the seriousness of the situation (but not to exceed thirty (30) days) when the health or safety of other residents, or the employees or contractors of the Authority, or any person residing in the immediate vicinity of Tenant’s premises, is threatened; and
3. Thirty (30) days in all other cases.
D. The notice of the Lease termination to Tenant:
1. Shall state specific grounds for termination, shall inform Tenant of Tenant’s right to make such reply as Tenant may wish, shall inform Tenant of Tenant’s right to examine the Authority documents directly relevant to the termination or eviction; and shall state the date upon which the dwelling unit shall be vacated; and
2. When the Authority is required to provide Tenant the opportunity for an administrative grievance hearing concerning the lease termination, the notice shall also inform Tenant of Tenant’s right to request a hearing in accordance with the Authority’s grievance procedure then if effect; and
3. When the Authority is not required to provide Tenant the opportunity for an administrative grievance hearing concerning the lease termination, and the Authority has decided to exclude such grievance from the Authority’s grievance procedure, the notice of lease termination shall:
a. State that Tenant is not entitled to a grievance hearing on the termination;
b. Specify the judicial eviction procedure to be used by the Authority for eviction of 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; and
c. State whether the eviction is for a criminal activity or other activity that threatens the health, safety, or right to peaceful enjoyment of the Development of any other resident of the Development or any employee or contractor of the Authority, or any violent or drug-related criminal activity on or off the premises or the Development, or any activity resulting in a felony conviction.
E. In the case of termination for Tenant’s failure to make payment due under the Lease, the 14-day notice shall also advise Tenant that if full payment of the amount then due and owing is made on or before the date upon which the dwelling unit is to be vacated, then the Tenant’s lease violation shall be deemed cured, the Tenant shall not be required to vacate the premises and the Lease will be automatically reinstated in accordance with its terms and conditions, provided that this is not the sixth (6th) such 14-day notice given during any twelve (12) month period. Notwithstanding the foregoing, the sixth (6th) such 14-day notice given during any twelve (12) month period to Tenant for failure to make payment due under the Lease shall advise that Tenant’s lease violation shall not be deemed to be cured even if Tenant pays all amounts specified in the notice, that there will be no reinstatement of the Lease and Tenant must vacate the premises within the time specified.
F. The Lease shall not terminate, even if the date to vacate has expired, until the time for Tenant to request any applicable grievance hearing has expired, and (if a hearing was timely requested by Tenant) the grievance process has been completed.
G. Termination of the Lease by the Authority shall be enforced by eviction of Tenant from the premises through an action filed in a court of appropriate jurisdiction.
H. In deciding to evict for criminal activity, the Authority shall have discretion to consider all of the relevant circumstances, including the seriousness of the offense, the extent of participation by Tenant and Tenant’s household members, and the effects that eviction would have on both the household members not involved in the prohibited activity and on the other residents in the Development. In appropriate cases, the Authority may permit continued occupancy by the remaining household members and may impose a condition that any of the household members who engaged in the prohibited activity will not reside in or be a guest in the dwelling unit or on the Residence. The Authority may require any of the household members 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.
I. If the Authority evicts any or all of the persons in Tenant’s household from the premises for engaging in criminal activity, including drug-related criminal activity, the Authority shall notify the local post office serving the premises that the person(s) or household evicted is no longer residing at the premises. This is so the post office will stop mail delivery for such persons and that the persons shall not return to the Development or the premises for mail pickup.
J. The Authority shall provide Tenant a reasonable opportunity to examine, at Tenant’s request received by the Authority, before a grievance hearing or a court trial concerning a termination of tenancy or eviction, any documents, including records and regulations, which are in the possession of the Authority, and which are directly relevant to the termination or tenancy or eviction. The Tenant may obtain a copy of any such document at Tenant’s expense. If the Authority does not make documents available for examination upon the request of Tenant received by the Authority, then the Authority shall not proceed with any eviction proceedings until such documents are made available.
Appears in 1 contract
Samples: Public Housing Lease Agreement
Termination of the Lease. A. Tenant shall terminate the Lease and vacate the premises only upon giving the Authority thirty (30) days written notice. At termination, Tenant shall leave the premises in a clean and good condition; reasonable wear and tear accepted, and shall return all keys to the premises. The failure to return all keys shall be deemed a negligent or intentional action by Tenant resulting in damage incurred by the Authority for which the Authority may charge or claim an amount equal to the cost of replacing all of the locks affected.
B. The Authority shall terminate the Lease only for a serious or repeated violation of a material term of the Lease, which includes, but is not limited to, failure to make payments due under the Lease or to fulfill the Tenant’s obligations set forth in Section X or elsewhere in the Lease, and for other good cause. Without limiting the generality of the above, Xxxxxx Tenant and the Authority agree that a single event or incident of the following matters shall constitute cause for termination:
1. Any Tenant misrepresentation of household income, assets, or composition;
2. Any failure by Tenant to timely submit, when requested to do so, any certification, release, information, or documentation regarding household income or composition deemed to be needed by the Authority in order to fully and accurately complete an annual, special or interim review;
3. Any (i) criminal activity that threatens the health, safety, or right to peaceful enjoyment of the Development of any other resident of the Development, or any employee or contractor of the Authority, or any person residing in the immediate vicinity of Tenant’s Residence; oror (ii) any violent or drug-related criminal activity on or off the premises or the Development, where the above-described activity is engaged in by Tenant, any member of Tenant’s household, any guest, or any other person under Tenant’s control;
4. Any conviction for manufacturing methamphetamines on the premises;
5. Any determination or discovery that Tenant or a member of Tenant’s household is a registered sex offender;
6. Any abuse (or pattern of abuse) of alcohol or any illegal use (or pattern of illegal use) of a controlled substance by Tenant, any member of Tenant’s household, any guest, or any other person under Tenant’s control, which is determined by the Authority to interfere with the health, safety, or right to peaceful enjoyment of the Development of any other resident of the Development;
7. If Tenant or any co-tenant is fleeing to avoid prosecution, or custody or confinement after eviction, under the laws of the place from which the individual flees, for a crime, or attempt to commit a crime, which is a felony under the laws of the place from which the individual flees, or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of such State; and
8. Any violation by Tenant or any co-tenant of a condition of probation or parole imposed under Federal or State law. As used in the Lease, “criminal activity” does not require a conviction or arrest and may be established by a preponderance of the evidence.
C. The Authority shall give written notice of the Lease termination of:
1. Fourteen (14) days in the case of failure to pay rent or other charges due;
2. Five (5) calendar days for utilities not in service;
3. A reasonable time considering the seriousness of the situation (but not to exceed thirty (30) days) when the health or safety of other residents, or the employees or contractors of the Authority, or any person residing in the immediate vicinity of Tenant’s premises, is threatened; and
4. Thirty (30) calendar days in any other case, except that if a state or local law allows a shorter notice period, such shorter period shall apply.
D. The notice of the Lease termination to Tenant:
1. Shall state specific grounds for termination, shall inform Tenant of Tenant’s right to make such reply as Tenant may wish, shall inform Tenant of Tenant’s right to examine the Authority documents directly relevant to the termination or eviction; and shall state the date upon which the dwelling unit shall be vacated; and
2. When the Authority is required to provide Tenant the opportunity for an administrative grievance hearing concerning the lease termination, the notice shall also inform Tenant of Tenant’s right to request a hearing in accordance with the Authority’s grievance procedure then if effect; and
3. When the Authority is not required to provide Tenant the opportunity for an administrative grievance hearing concerning the lease termination, and the Authority has decided to exclude such grievance from the Authority’s grievance procedure, the notice of lease termination shall: termination;
a. State that Tenant is not entitled to a grievance hearing on the
b. Specify the judicial eviction procedure to be used by the Authority for eviction of 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; and
c. State whether the eviction is for a criminal activity or other activity that threatens the health, safety, or right to peaceful enjoyment of the Development of any other resident of the Development or any employee or contractor of the Authority, or any violent or drug- related criminal activity on or off the premises or the Development, or any activity resulting in a felony conviction.
E. In the case of termination for Tenant’s failure to make payment due under the Lease, the 14-day notice shall also advise Tenant that if full payment of the amount then due and owing is made on or before the date upon which the dwelling unit is to be vacated, then the Tenant’s lease violation shall be deemed cured, the Tenant shall not be required to vacate the premises and the Lease will be automatically reinstated in accordance with its terms and conditions, provided that this is not the sixth (6th) such 14-day notice givenduring a lease period. Notwithstanding the foregoing, the sixth (6th) such 14-day notice given during a lease period to Tenant for failure to make payment due under the Lease shall advise that Tenant’s lease violation shall not be deemed to be cured even if Tenant pays all amounts specified in the notice, that there will be no reinstatement of the Lease and Tenant must vacate the premises within the time specified.
F. The Lease shall not terminate, even if the date to vacate has expired, until the time for Tenant to request any applicable grievance hearing has expired, and (if a hearing was timely requested by Tenant) the grievance process has been completed.
G. Termination of the Lease by the Authority shall be enforced by eviction of Tenant from the premises through an action filed in a court of appropriate jurisdiction.
H. In deciding to evict for criminal activity, the Authority shall have discretion to consider all of the relevant circumstances, including the seriousness of the offense, the extent of participation by Tenant and Tenant’s household members, and the effects that eviction would have on both the household members not involved in the prohibited activity and on the other residents in the Development. In appropriate cases, the Authority may permit continued occupancy by the remaining household members and may impose a condition that any of the household members who engaged in the prohibited activity will not reside in or be a guest in the dwelling unit or on the Residence. The Authority may require any of the household members 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.
I. If the Authority evicts any or all of the persons in Tenant’s household from the premises for engaging in criminal activity, including drug-related criminal activity, the Authority shall notify the local post office serving the premises that the person(s) or household evicted is no longer residing at the premises. This is so the post office will stop mail delivery for such persons and that the persons shall not return to the Development or the premises for mail pickup.
J. Former tenants and any member of the tenant’s household that have been evicted through a judicial process or trespassed for criminal activity will not be permitted to return to the Development, including common areas, or other dwelling units in the Development for any reason.
K. The Authority shall provide Tenant a reasonable opportunity to examine, at Tenant’s request received by the Authority, before a grievance hearing or a court trial concerning a termination of tenancy or eviction, any documents, including records and regulations, which are in the possession of the Authority, and which are directly relevant to the termination or tenancy or eviction. The Tenant may obtain a copy of any such document at Tenant’s expense. If the Authority does not make documents available for examination upon the request of Tenant received by the Authority, then the Authority shall not proceed with any eviction proceedings until such documents are made available.
Appears in 1 contract
Samples: Public Housing Lease Agreement
Termination of the Lease. A. Tenant shall terminate the Lease and vacate the premises only upon giving the Authority thirty (30) days written notice. At termination, Tenant shall leave the premises in a clean and good condition; reasonable wear and tear accepted, and shall return all keys to the premises. The failure to return all keys shall be deemed a negligent or intentional action by Tenant resulting in damage incurred by the Authority for which the Authority may charge or claim an amount equal to the cost of replacing all of the locks affected.
B. The Authority shall terminate the Lease only for a serious or repeated violation of a material term of the Lease, which includes, but is not limited to, failure to make payments due under the Lease or to fulfill the Tenant’s obligations set forth in Section X or elsewhere in the Lease, and for other good cause. Without limiting the generality of the above, Xxxxxx Tenant and the Authority agree that a single event or incident of the following matters shall constitute cause for termination:
1. Any Tenant misrepresentation of household income, assets, or composition;
2. Any failure by Tenant to timely submit, when requested to do so, any certification, release, information, or documentation regarding household income or composition deemed to be needed by the Authority in order to fully and accurately complete an annual, special or interim review;
3. Any (i) criminal activity that threatens the health, safety, or right to peaceful enjoyment of the Development of any other resident of the Development, or any employee or contractor of the Authority, or any person residing in the immediate vicinity of Tenant’s Residence; oror (ii) any violent or drug-related criminal activity on or off the premises or the Development, where the above-described activity is engaged in by Tenant, any member of Tenant’s household, any guest, or any other person under Tenant’s control;
4. Any conviction for manufacturing methamphetamines on the premises;
5. Any determination or discovery that Tenant or a member of Tenant’s household is a registered sex offender;
6. Any abuse (or pattern of abuse) of alcohol or any illegal use (or pattern of illegal use) of a controlled substance by Tenant, any member of Tenant’s household, any guest, or any other person under Tenant’s control, which is determined by the Authority to interfere with the health, safety, or right to peaceful enjoyment of the Development of any other resident of the Development;
7. If Tenant or any co-tenant is fleeing to avoid prosecution, or custody or confinement after eviction, under the laws of the place from which the individual flees, for a crime, or attempt to commit a crime, which is a felony under the laws of the place from which the individual flees, or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of such State; and
8. Any violation by Tenant or any co-tenant of a condition of probation or parole imposed under Federal or State law. As used in the Lease, “criminal activity” does not require a conviction or arrest and may be established by a preponderance of the evidence.
C. The Authority shall give written notice of the Lease termination of:
1. Fourteen (14) days in the case of failure to pay rent or other charges due;
2. Five (5) calendar days for utilities not in service;
3. A reasonable time considering the seriousness of the situation (but not to exceed thirty (30) days) when the health or safety of other residents, or the employees or contractors of the Authority, or any person residing in the immediate vicinity of Tenant’s premises, is threatened; and
4. Thirty (30) calendar days in any other case, except that if a state or local law allows a shorter notice period, such shorter period shall apply.
D. The notice of the Lease termination to Tenant:
1. Shall state specific grounds for termination, shall inform Tenant of Tenant’s right to make such reply as Tenant may wish, shall inform Tenant of Tenant’s right to examine the Authority documents directly relevant to the termination or eviction; and shall state the date upon which the dwelling unit shall be vacated; and
2. When the Authority is required to provide Tenant the opportunity for an administrative grievance hearing concerning the lease termination, the notice shall also inform Tenant of Tenant’s right to request a hearing in accordance with the Authority’s grievance procedure then if effect; and
3. When the Authority is not required to provide Tenant the opportunity for an administrative grievance hearing concerning the lease termination, and the Authority has decided to exclude such grievance from the Authority’s grievance procedure, the notice of lease termination shall:
a. State that Tenant is not entitled to a grievance hearing on the termination;
b. Specify the judicial eviction procedure to be used by the Authority for eviction of 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; and
c. State whether the eviction is for a criminal activity or other activity that threatens the health, safety, or right to peaceful enjoyment of the Development of any other resident of the Development or any employee or contractor of the Authority, or any violent or drug- related criminal activity on or off the premises or the Development, or any activity resulting in a felony conviction.
E. In the case of termination for Tenant’s failure to make payment due under the Lease, the 14-day notice shall also advise Tenant that if full payment of the amount then due and owing is made on or before the date upon which the dwelling unit is to be vacated, then the Tenant’s lease violation shall be deemed cured, the Tenant shall not be required to vacate the premises and the Lease will be automatically reinstated in accordance with its terms and conditions, provided that this is not the sixth (6th) such 14-day notice given during a lease period. Notwithstanding the foregoing, the sixth (6th) such 14-day notice given during a lease period to Tenant for failure to make payment due under the Lease shall advise that Tenant’s lease violation shall not be deemed to be cured even if Tenant pays all amounts specified in the notice, that there will be no reinstatement of the Lease and Tenant must vacate the premises within the time specified.
F. The Lease shall not terminate, even if the date to vacate has expired, until the time for Tenant to request any applicable grievance hearing has expired, and (if a hearing was timely requested by Tenant) the grievance process has been completed.
G. Termination of the Lease by the Authority shall be enforced by eviction of Tenant from the premises through an action filed in a court of appropriate jurisdiction.
H. In deciding to evict for criminal activity, the Authority shall have discretion to consider all of the relevant circumstances, including the seriousness of the offense, the extent of participation by Tenant and Tenant’s household members, and the effects that eviction would have on both the household members not involved in the prohibited activity and on the other residents in the Development. In appropriate cases, the Authority may permit continued occupancy by the remaining household members and may impose a condition that any of the household members who engaged in the prohibited activity will not reside in or be a guest in the dwelling unit or on the Residence. The Authority may require any of the household members 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.
I. If the Authority evicts any or all of the persons in Tenant’s household from the premises for engaging in criminal activity, including drug-related criminal activity, the Authority shall notify the local post office serving the premises that the person(s) or household evicted is no longer residing at the premises. This is so the post office will stop mail delivery for such persons and that the persons shall not return to the Development or the premises for mail pickup.
J. Former tenants and any member of the tenant’s household that have been evicted through a judicial process or trespassed for criminal activity will not be permitted to return to the Development, including common areas, or other dwelling units in the Development for any reason.
K. The Authority shall provide Tenant a reasonable opportunity to examine, at Tenant’s request received by the Authority, before a grievance hearing or a court trial concerning a termination of tenancy or eviction, any documents, including records and regulations, which are in the possession of the Authority, and which are directly relevant to the termination or tenancy or eviction. The Tenant may obtain a copy of any such document at Tenant’s expense. If the Authority does not make documents available for examination upon the request of Tenant received by the Authority, then the Authority shall not proceed with any eviction proceedings until such documents are made available.
Appears in 1 contract
Samples: Public Housing Lease Agreement
Termination of the Lease. A. Tenant shall terminate the Lease and vacate the premises only upon giving the Authority thirty (30) days written notice. At termination, Tenant shall leave the premises in a clean and good condition; reasonable wear and tear accepted, and shall return all keys to the premises. The failure to return all keys shall be deemed a negligent or intentional action by Tenant resulting in damage incurred by the Authority for which the Authority may charge or claim an amount equal to the cost of replacing all of the locks affected.
B. The Authority shall terminate the Lease only for a serious or repeated violation of a material term of the Lease, which includes, but is not limited to, failure to make payments due under the Lease or to fulfill the Tenant’s obligations set forth in Section X or elsewhere in the Lease, and for other good cause. Without limiting the generality of the above, Xxxxxx and the Authority agree that a single event or incident of the following matters shall constitute cause for termination:
1. Any Tenant misrepresentation of household income, assets, or composition;
2. Any failure by Tenant to timely submit, when requested to do so, any certification, release, information, or documentation regarding household income or composition deemed to be needed by the Authority in order to fully and accurately complete an annual, special or interim review;
3. Any (i) criminal activity that threatens the health, safety, or right to peaceful enjoyment of the Development of any other resident of the Development, or any employee or contractor of the Authority, or any person residing in the immediate vicinity of Tenant’s Residence; oror (ii) any violent or drug-related criminal activity on or off the premises or the Development, where the above- described activity is engaged in by Tenant, any member of Tenant’s household, any guest, or any other person under Tenant’s control;
4. Any conviction for manufacturing methamphetamines on the premises;
5. Any determination or discovery that Tenant or a member of Xxxxxx’s household is a registered sex offender;
6. Any abuse (or pattern of abuse) of alcohol or any illegal use (or pattern of illegal use) of a controlled substance by Tenant, any member of Tenant’s household, any guest, or any other person under Tenant’s control, which is determined by the Authority to interfere with the health, safety, or right to peaceful enjoyment of the Development of any other resident of the Development;
7. If Tenant or any co-tenant is fleeing to avoid prosecution, or custody or confinement after eviction, under the laws of the place from which the individual flees, for a crime, or attempt to commit a crime, which is a felony under the laws of the place from which the individual flees, or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of such State; and
8. Any violation by Tenant or any co-tenant of a condition of probation or parole imposed under Federal or State law. As used in the Lease, “criminal activity” does not require a conviction or arrest and may be established by a preponderance of the evidence.
C. The Authority shall give written notice of the Lease termination of:
1. Fourteen (14) days in the case of failure to pay rent or other charges due;
2. Five (5) calendar days for utilities not in service;
3. A reasonable time considering the seriousness of the situation (but not to exceed thirty (30) days) when the health or safety of other residents, or the employees or contractors of the Authority, or any person residing in the immediate vicinity of Tenant’s premises, is threatened; and
Appears in 1 contract
Samples: Public Housing Lease Agreement
