Termination of the Lease. The Authority may terminate this Lease for Tenant’s serious or repeated violations of the provisions of this Lease. Such serious or repeated violations of terms shall include but not be limited to: a. The failure to pay rent or other payments when due. b. Repeated late payment of rent or other charges, which shall be defined as failure to pay the amount of rent or other charges three (3) times within any twelve (12) month period. c. Misrepresentation of family income, assets, or composition in the Tenant’s initial application for tenancy or in an interim or annual status examination. d. Failure to provide, in a timely fashion, any certification, release, information or documentation on family income or composition needed to process annual re-examination or interim redetermination. e. Serious or repeated damage to the Premises, and/or appliances, equipment or property supplied at or about the premises by the Authority, creation of physical hazards in the Premises, common areas, grounds, or parking areas of any project site. f. Any activity by Xxxxxx, Household Member, guest, or other person under Xxxxxx’s control, including criminal activity, that threatens the health, safety or right to peaceful enjoyment of the Authority’s public housing premises by other residents or employees, placement on a state sex offender list, or any drug-related criminal activity. g. Possession of weapons or controlled substances in violation of any federal, state or local law in or about the premises by Xxxxxx, a Household Member, guest or invitee of the Tenant. h. Any fire on Authority premises caused by the Tenant, Household Members or guests’ actions or neglect. i. Failure to comply with Section IV of this Lease. j. Failure to accept the Authority’s offer of a lease revision to this Lease; the Authority shall provide notice of the offer of the revision at least 60 calendar days before the Lease revision is scheduled to take effect and the offer shall specify a reasonable time limit within which the Tenant must accept the offer. k. Upon the death of the Tenant, or if there is more than one Tenant, upon the death of all Tenants, either the Authority or the personal representative of the Tenant’s estate may terminate this Lease upon 30 days written notice, to be effective on the last day of a calendar month. If full notice is not given, the Tenant’s estate shall be liable for rent to the end of the notice period or to the date the unit is re-rented, whichever date comes first. The termination of the Lease under this section shall not relieve the Tenant’s estate from liability either for payment of rent or other amounts owed prior to or during the notice-period, or for the payment of amounts necessary to restore the premises to its condition at the beginning of the Tenant’s occupancy, normal wear and tear excepted. The Authority shall give written notice of termination of this Lease of: a. Fourteen (14) days in the case of failure to pay rent; b. a reasonable time, considering the seriousness of the situation (but not to exceed 30 days), if; 1. The health or safety of other residents, Authority employees, or persons residing in the immediate vicinity of the premises is threatened; or 2. Any member of the household has engaged in any drug-related criminal activity or violent criminal activity; or 3. Any member of the household has been convicted of a felony. c. Thirty (30) days in all other cases, unless a shorter notice period is allowed by law. The notice of termination shall state the reason(s) for the termination; shall inform the tenant of the right to reply; of the Tenant’s right prior to hearing to examine any relevant Authority documents directly related to the eviction or termination and of the Tenant’s right to request a hearing in accordance with the Authority’s grievance procedures. In the event of a lease termination involving: 1. Any criminal activity that threatens the health, safety or right to peaceful enjoyment of the premises of other residents or employees of the Authority; or 2. Any violent or drug-related criminal activity on or off the premises; or 3. Any criminal activity that results in a felony conviction of the Tenant or any household member. Tenant shall not have, and shall not be informed of, the right to request a grievance hearing. At the expiration or termination of this Lease, the Authority shall dispose of any personal property left at the Premises as provided by state law. The acceptance of rental payments by the Authority shall not constitute a waiver of conditions or of any defaults under the terms of this Lease. Tenant shall remain responsible for payment of rent through the date that a Court-issued Writ of Possession is enforced or a minimum of thirty days after tenant provides notice of termination or the date that an out-inspection occurs. In the event that Xxxxxx has paid rent for any period beyond the date of an enforcement of a writ of possession or the date of an out-inspection or the end of the 30 intent to vacate notice, the Authority shall refund any such amount pro rata and the acceptance of said funds by the Authority shall not entitle Tenant to any additional period of occupancy or possession of the premises beyond said date. The Authority will consider the Premises to be abandoned when a Tenant has defaulted in the payment of rent and failed to cure within applicable grace periods, and has clearly indicated by words and actions an intention to terminate this Lease and occupancy of Premises. The Tenant acknowledges and agrees that such activity, including but not limited to situations in which the Tenant’s property is removed from the Premises and the Premises appears vacant, shall constitute a termination of the Lease by the Tenant, and a surrender of the Premises to the Authority.
Appears in 1 contract
Samples: Dwelling Lease
Termination of the Lease. The In terminating the Lease, the following procedures shall be followed by the Housing Authority and the Tenant:
a. This Lease may terminate this Lease be terminated only for Tenant’s serious or repeated violations of material terms of the provisions of Lease, such as failure to make payments due under the Lease or to fulfill Tenant obligations set forth in this Lease, or for other good cause. Such serious or repeated violations violation of terms shall include include, but not be limited to, the following:
a. (1) The failure to pay rent or other payments when due.
b. (2) Repeated late payment of rent or other chargespayment, which shall be defined as failure to pay the amount of rent or other charges three due by the 5th calendar day of each month. Four (34) times such late payments within any the past twelve (12) month periodperiod shall constitute a repeated late payment.
c. Misrepresentation (3) Failure to pay utility bills when Tenant is responsible for paying such bills directly to the supplier of family income, assets, or composition in the Tenant’s initial application for tenancy or in an interim or annual status examinationutilities.
d. Failure to provide, in a timely fashion, any certification, release, information or documentation on family income or composition needed to process annual re-examination or interim redetermination.
e. (4) Serious or repeated damage to the Premises, and/or appliances, equipment or property supplied at or about the premises by the Authoritydwelling unit, creation of physical hazards in the Premisesunit, common areas, grounds, or parking areas of any project development site.
f. Any (5) Criminal activity by Xxxxxx, Household Memberhousehold member, guest, or other person under Xxxxxx’s 's control, including criminal activity, that threatens the health, safety or right to peaceful enjoyment of the Authority’s public housing premises by other residents or employees, placement on a state sex offender list, or any drug-related criminal activity.
g. Possession of weapons or controlled substances in violation of any federal, state or local law in or about the premises by Xxxxxx, a Household Member, guest or invitee of the Tenant.
h. Any fire on Authority premises caused by the Tenant, Household Members or guests’ actions or neglect.
i. Failure to comply with Section IV of this Lease.
j. Failure to accept the Authority’s offer of a lease revision to this Lease; the Authority shall provide notice of the offer of the revision at least 60 calendar days before the Lease revision is scheduled to take effect and the offer shall specify a reasonable time limit within which the Tenant must accept the offer.
k. Upon the death of the Tenant, or if there is more than one Tenant, upon the death of all Tenants, either the Authority or the personal representative of the Tenant’s estate may terminate this Lease upon 30 days written notice, to be effective on the last day of a calendar month. If full notice is not given, the Tenant’s estate shall be liable for rent to the end of the notice period or to the date the unit is re-rented, whichever date comes first. The termination of the Lease under this section shall not relieve the Tenant’s estate from liability either for payment of rent or other amounts owed prior to or during the notice-period, or for the payment of amounts necessary to restore the premises to its condition at the beginning of the Tenant’s occupancy, normal wear and tear excepted. The Authority shall give written notice of termination of this Lease of:
a. Fourteen (14) days in the case of failure to pay rent;
b. a reasonable time, considering the seriousness of the situation (but not to exceed 30 days), if;
1. The health or safety of other residents, Authority employees, or persons residing in the immediate vicinity of the premises is threatened; or
2. Any member of the household has engaged in any drug-related criminal activity or violent criminal activity; or
3. Any member of the household has been convicted of a felony.
c. Thirty (30) days in all other cases, unless a shorter notice period is allowed by law. The notice of termination shall state the reason(s) for the termination; shall inform the tenant of the right to reply; of the Tenant’s right prior to hearing to examine any relevant Authority documents directly related to the eviction or termination and of the Tenant’s right to request a hearing in accordance with the Authority’s grievance procedures. In the event of a lease termination involving:
1. Any criminal activity that threatens the health, safety or right to peaceful enjoyment of Housing Authority's public housing Premises by other Tenants, or any drug- related criminal activity. The Housing Authority may evict the premises tenant by judicial action for criminal activity in accordance with this section if the PHA determines that the covered person has engaged in the criminal activity, regardless of other residents whether the covered person has been arrested or employees convicted for such activity and without satisfying the standard of proof used for a criminal conviction.
(6) Offensive weapons or illegal drugs seized in a Housing Authority unit by a law enforcement officer.
(7) Any fire on Housing Authority Premises caused by carelessness or unattended cooking.
(8) Repeated violation of the Authority; or
2. Any violent or drug-related criminal activity on or off the premises; or
3. Any criminal activity that results in a felony conviction Housing Authority of the Tenant County of San Joaquin’s Barring and Trespassing Policy. “Repeated” shall mean two (2) or any household member. Tenant shall not have, and shall not be informed of, more instances within the right to request a grievance hearing. At the expiration or termination of this Lease, the Authority shall dispose of any personal property left at the Premises as provided by state law. The acceptance of rental payments by the Authority shall not constitute a waiver of conditions or of any defaults under the terms of this Lease. Tenant shall remain responsible for payment of rent through the date that a Court-issued Writ of Possession is enforced or a minimum of thirty days after tenant provides notice of termination or the date that an out-inspection occurs. In the event that Xxxxxx has paid rent for any period beyond the date of an enforcement of a writ of possession or the date of an out-inspection or the end of the 30 intent to vacate notice, the Authority shall refund any such amount pro rata and the acceptance of said funds by the Authority shall not entitle Tenant to any additional period of occupancy or possession of the premises beyond said date. The Authority will consider the Premises to be abandoned when a Tenant has defaulted in the payment of rent and failed to cure within applicable grace periods, and has clearly indicated by words and actions an intention to terminate this Lease and occupancy of Premises. The Tenant acknowledges and agrees that such activity, including but not limited to situations in which the Tenant’s property is removed from the Premises and the Premises appears vacant, shall constitute a termination of the Lease by the Tenant, and a surrender of the Premises to the Authoritypreceding twelve (12) month period.
Appears in 1 contract
Samples: Resident Dwelling Lease Agreement
Termination of the Lease. The In terminating the Lease, the following procedures shall be followed by the Housing Authority and Tenant:
(a) This Lease may terminate this Lease be terminated prior to its expiration date only for Tenant’s serious or repeated violations of material terms of the provisions of this 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 violations violation of terms shall include but not be limited to:
a. (1) The failure to pay rent or other payments when due.
b. (2) Repeated late payment of rent or other chargespayment, which shall be defined as failure to pay the amount of rent or other charges three due on the designated date will be used in consideration of execution of rent re- payments.
(3) times within any twelve (12) month periodFailure to pay utility bills when Tenant is responsible for paying such bills directly to the supplier of utilities.
c. Misrepresentation (4) Discovery after admission of family incomefacts that made the tenant ineligible.
(5) Discovery of materially false statements, assetsmisrepresentation, or composition fraud by the tenant in the Tenant’s initial connection with an application for tenancy assistance or in an interim with reexamination of income or annual status examinationfamily composition.
d. (6) Failure to providesupply, in a timely fashion, any certification, release, information information, or documentation on family Family income or composition needed to process annual re-examination reexaminations or interim redeterminationre- determinations.
e. (7) Refusal to accept and execute an amendment, lease revision or written rider to the lease after the Housing 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 Premises, and/or appliances, equipment or property supplied at or about the premises by the Authoritydwelling unit, creation of physical hazards in the Premisesunit, common areas, grounds, or parking areas of any project site.
f. Any (9) Criminal or other activity by Xxxxxx, Household Member, guest, or other person under Xxxxxx’s control, including criminal activity, a member of the household that threatens the health, safety or right to peaceful enjoyment of the Authority’s public housing premises by other residents or employees, placement on a state sex offender list, or any drug-related criminal activity.
g. Possession of weapons or controlled substances in violation of any federal, state or local law in or about the premises by Xxxxxx, a Household Member, guest or invitee of the Tenant.
h. Any fire on Authority premises caused by the Tenant, Household Members or guests’ actions or neglect.
i. Failure to comply with Section IV of this Lease.
j. Failure to accept the Authority’s offer of a lease revision to this Lease; the Authority shall provide notice of the offer of the revision at least 60 calendar days before the Lease revision is scheduled to take effect and the offer shall specify a reasonable time limit within which the Tenant must accept the offer.
k. Upon the death of the Tenant, or if there is more than one Tenant, upon the death of all Tenants, either the Authority or the personal representative of the Tenant’s estate may terminate this Lease upon 30 days written notice, to be effective on the last day of a calendar month. If full notice is not given, the Tenant’s estate shall be liable for rent to the end of the notice period or to the date the unit is re-rented, whichever date comes first. The termination of the Lease under this section shall not relieve the Tenant’s estate from liability either for payment of rent or other amounts owed prior to or during the notice-period, or for the payment of amounts necessary to restore the premises to its condition at the beginning of the Tenant’s occupancy, normal wear and tear excepted. The Authority shall give written notice of termination of this Lease of:
a. Fourteen (14) days in the case of failure to pay rent;
b. a reasonable time, considering the seriousness of the situation (but not to exceed 30 days), if;
1. The health or safety of other residentspublic housing tenants employees of the Housing Authority, Authority contractors or their employees, anyone with permission or of persons residing in the immediate vicinity of the premises is threatenedpremises; or
2. Any (10) If Tenant, member of the household household, guest or any other person under Xxxxxx’s control has engaged in any drug-related criminal activity on or violent criminal activity; oroff the premises, including cases where:
3. Any A. Xxxxxx, member of the household or guest has been convicted engaged in drug trafficking; or
B. Tenant, household member or guest has engaged in illegal drug use (including cases where the Housing Authority determines that illegal drug use or a pattern of illegal drug use by a felony.
c. Thirty (30) days in all other cases, unless a shorter notice period is allowed by law. The notice of termination shall state the reason(s) for the termination; shall inform the tenant of the right to reply; of the Tenant’s right prior to hearing to examine any relevant Authority documents directly related to the eviction or termination and of the Tenant’s right to request a hearing in accordance with the Authority’s grievance procedures. In the event of a lease termination involving:
1. Any criminal activity that threatens household member may threaten the health, safety or right to peaceful enjoyment of the premises of by other residents or employees residents);
(11) If a member of the Authorityhousehold 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
2B. Violating a condition of probation or parole imposed under Federal or State law.
C. Harboring a fugitive.
(12) Illegal weapons or drugs seized in a Housing Authority unit by a law enforcement officer.
(13) Any fire on Housing 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. Any violent 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 drug-related criminal activity removing any smoke detector in the dwelling unit or damaging sprinkler system.
(b) The Housing Authority shall terminate assistance permanently for persons convicted of manufacturing or producing methamphetamine on or off the premises; or
3. Any criminal activity that results in a felony conviction of "Premises" is the Tenant building or any household member. Tenant shall not have, and shall not be informed of, the right to request a grievance hearing. At the expiration or termination of this Lease, the Authority shall dispose of any personal property left at the Premises as provided by state law. The acceptance of rental payments by the Authority shall not constitute a waiver of conditions or of any defaults under the terms of this Lease. Tenant shall remain responsible for payment of rent through the date that a Court-issued Writ of Possession is enforced or a minimum of thirty days after tenant provides notice of termination or the date that an out-inspection occurs. In the event that Xxxxxx has paid rent for any period beyond the date of an enforcement of a writ of possession or the date of an out-inspection or the end of the 30 intent to vacate notice, the Authority shall refund any such amount pro rata and the acceptance of said funds by the Authority shall not entitle Tenant to any additional period of occupancy or possession of the premises beyond said date. The Authority will consider the Premises to be abandoned when a Tenant has defaulted in the payment of rent and failed to cure within applicable grace periods, and has clearly indicated by words and actions an intention to terminate this Lease and occupancy of Premises. The Tenant acknowledges and agrees that such activity, including but not limited to situations complex in which the Tenantdwelling unit is located, including common areas and grounds. Also included in the permanent terminated assistance are those placed on a sex offender’s property is removed from the Premises and the Premises appears vacant, shall constitute a termination of the Lease by the Tenant, and a surrender of the Premises to the Authorityregistrar.
Appears in 1 contract
Samples: Residential Lease Agreement
Termination of the Lease. The Authority In terminating the Lease, the following procedures shall be followed by MHA and Tenant: This Lease may terminate this Lease be terminated only for Tenant’s serious or repeated violations of material terms of the provisions of this Lease. , such as failure to make payments due under the lease or to fulfill Tenant obligations set forth in section VIII above, or for other good cause.
(a) Such serious or repeated violations violation of terms shall include but not be limited to:
a. (1) The failure to pay rent or other payments when due.;
b. (2) Repeated late payment of rent or other chargespayment, which shall be defined as failure to pay the amount of rent or other charges three due by the fifth business day of each month. Four such late payments within a 12-month period shall constitute a repeated late payment;
(3) times within any twelve Failure to pay utility bills when Tenant is responsible for paying such bills directly to the supplier of utilities. If utilities are disconnected due to nonpayment, the resident has 24 hours to restore services;
(124) month period.
c. Misrepresentation of family income, assets, or composition in the Tenant’s initial application for tenancy or in an interim or annual status examination.composition;
d. (5) Failure to providesupply, in a timely fashion, any certification, release, information information, or documentation on family Family income or composition needed to process annual re-examination reexaminations or interim redeterminationredeterminations.
e. (6) Serious or repeated damage to the Premises, and/or appliances, equipment or property supplied at or about the premises by the Authoritydwelling unit, creation of physical hazards in the Premisesunit, common areas, grounds, or parking areas of any project site.;
f. Any (7) Criminal activity by Xxxxxx, Household Memberhousehold member, guest, or other person under Xxxxxx’s 's control, including criminal activity, that threatens the health, safety or right to peaceful enjoyment of the Authority’s public housing premises by other residents or employees, placement on a state sex offender list, or any drug-related criminal activity.
g. Possession of weapons or controlled substances in violation of any federal, state or local law in or about the premises by Xxxxxx, a Household Member, guest or invitee of the Tenant.
h. Any fire on Authority premises caused by the Tenant, Household Members or guests’ actions or neglect.
i. Failure to comply with Section IV of this Lease.
j. Failure to accept the Authority’s offer of a lease revision to this Lease; the Authority shall provide notice of the offer of the revision at least 60 calendar days before the Lease revision is scheduled to take effect and the offer shall specify a reasonable time limit within which the Tenant must accept the offer.
k. Upon the death of the Tenant, or if there is more than one Tenant, upon the death of all Tenants, either the Authority or the personal representative of the Tenant’s estate may terminate this Lease upon 30 days written notice, to be effective on the last day of a calendar month. If full notice is not given, the Tenant’s estate shall be liable for rent to the end of the notice period or to the date the unit is re-rented, whichever date comes first. The termination of the Lease under this section shall not relieve the Tenant’s estate from liability either for payment of rent or other amounts owed prior to or during the notice-period, or for the payment of amounts necessary to restore the premises to its condition at the beginning of the Tenant’s occupancy, normal wear and tear excepted. The Authority shall give written notice of termination of this Lease of:
a. Fourteen (14) days in the case of failure to pay rent;
b. a reasonable time, considering the seriousness of the situation (but not to exceed 30 days), if;
1. The health or safety of other residents, Authority employees, or persons residing in the immediate vicinity of the premises is threatened; or
2. Any member of the household has engaged in any drug-related criminal activity or violent criminal activity; or
3. Any member of the household has been convicted of a felony.
c. Thirty (30) days in all other cases, unless a shorter notice period is allowed by law. The notice of termination shall state the reason(s) for the termination; shall inform the tenant of the right to reply; of the Tenant’s right prior to hearing to examine any relevant Authority documents directly related to the eviction or termination and of the Tenant’s right to request a hearing in accordance with the Authority’s grievance procedures. In the event of a lease termination involving:
1. Any criminal activity that threatens the health, safety or right to peaceful enjoyment of the MHA's public housing premises of by other residents or employees of the Authority; or
2. Any violent employees, or any drug-related criminal activity on or off the premises; or.
3. Any criminal activity (8) Alcohol abuse that results in a felony conviction MHA determines interferes with the health, safety, or right to peaceful enjoyment of the Tenant premises by other residents.
(9) Weapons or illegal drugs seized in an Authority unit by a law enforcement officer;
(b) Any fire on Authority premises caused by the tenant, household members or guests’ actions or neglect.
(c) MHA shall give written notice of the proposed termination of the Lease of:
(1) 14 days in the case of failure to pay rent;
(2) 3 days, considering the seriousness of the situation when the health or safety of other tenants or Authority staff is threatened;
(3) 30 days in any household member. other case.
(d) The notice of termination:
(1) The notice of termination to Tenant shall not havestate specific reasons for the termination, shall inform Xxxxxx of his/her right to make such reply as he/she may wish, and of Tenant's right to examine Authority documents directly relevant to the termination or eviction.
(2) When MHA is required to offer Tenant the opportunity for a grievance hearing, the notice shall not be informed of, also inform Tenant of the right to request such a hearing in accordance with MHA's grievance procedures. Any notice to vacate (or quit) which is required by State or local law may be combined with, or run concurrently, with the notice of lease termination under this section. The Notice to Vacate must be in writing and specify that if Tenant fails to quit the premises within the applicable statutory period, appropriate action will be brought against Tenant, and Tenant may be required to pay the costs of court and attorney's fees.
(3) When MHA is required to offer Tenant the opportunity for a grievance hearing. At hearing under MHA's grievance procedure for a grievance concerning the expiration or termination of this Leaselease termination, the tenancy shall not terminate (even if any Notice to Vacate under State of local law has expired) until the period to request a hearing has expired, or (if a hearing is requested) the grievance process has been completed.
(4) When MHA is not required to offer Tenant the opportunity for a hearing under the grievance procedure and MHA has decided to exclude such grievance from Authority grievance procedure, the notice of lease termination shall dispose (a) state that Tenant is not entitled to a grievance hearing on the termination; (b) specify the judicial eviction procedure to be used by MHA for eviction and state that HUD has determined that this eviction procedure provides the opportunity for a hearing in a court that contains the basic elements of any personal property left at due process as defined in HUD regulations; and (c) state whether the Premises eviction is for a criminal activity that threatens health or safety of residents or staff or for drug-related criminal activity.
(5) MHA may evict a Tenant from the unit either by bringing a court action; or as provided an alternative, MHA may evict by state lawbringing an administrative action if 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, MHA must afford the Tenant the opportunity for a pre-eviction hearing in accordance with the PHA grievance procedure. The acceptance hearing notice will advise persons with disabilities of rental payments by the Authority shall not constitute their rights to request a waiver of conditions or of any defaults under the terms of this Lease. reasonable accommodation.
(e) Tenant shall remain responsible for payment of rent through the date that a Court-issued Writ of Possession is enforced or a minimum of thirty days after tenant provides notice of termination or the date that an out-inspection occurs. In the event that Xxxxxx has paid rent for any period beyond the date of an enforcement of a writ of possession or the date of an out-inspection or the end of the 30 intent to vacate notice, the Authority shall refund any such amount pro rata and the acceptance of said funds by the Authority shall not entitle Tenant to any additional period of occupancy or possession of the premises beyond said date. The Authority will consider the Premises to be abandoned when a Tenant has defaulted in the payment of rent and failed to cure within applicable grace periods, and has clearly indicated by words and actions an intention to may terminate this Lease at any time by giving 30 days written notice as described in Section XII, above.
(f) In deciding to evict for criminal activity, MHA 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, MHA 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. MHA may require a family member who has engaged in the illegal use of Premises. The Tenant acknowledges and agrees drugs to present credible evidence of successful completion of a treatment program as a condition to being allowed to reside in the unit.
(g) When MHA evicts a tenant from a dwelling unit for criminal activity, MHA shall notify the local post office serving that dwelling unit that such activity, including but not limited to situations individual or family is no longer residing in which the Tenant’s property is removed from unit so the Premises and the Premises appears vacant, shall constitute a termination of the Lease by the Tenantpost office will stop mail delivery for such persons, and a surrender of the Premises they will have no reason to return to the Authorityunit.
Appears in 1 contract
Samples: Residential Lease Agreement
Termination of the Lease. The In terminating the Lease, the following procedures shall be followed by the Authority and Resident:
A. This Lease may terminate this Lease be terminated for Tenant’s serious or repeated violations of material terms of the provisions of this Lease, or failure to fulfill Resident obligations set forth in Section IX and other terms and conditions herein, or for other good cause. Such serious or repeated violations of terms shall include but not be limited to:
a. 1. The failure to pay rent or other payments charges in addition to rent when due.;
b. 2. Repeated late payment of rent or other chargespayment, which shall be defined as failure to pay the amount of rent or other charges three (i.e.: maintenance charges) due by the fifth working day of the month. Four (4) late payments within a 12-month period shall constitute repeated late payment;
3) times within any twelve (12) month period.. Failure to pay utility bills when Resident is responsible for paying such bills directly to the supplier of utilities; or causing the utilities to be shut off for non- payment;
c. Misrepresentation 4. Intentional misrepresentation of family household income, assets, qualification for deductions, or composition in the Tenant’s initial application for tenancy or in an interim or annual status examination.composition;
d. 5. Failure to providesupply, in a timely fashion, any certification, release, information information, or documentation on family income household income, deductions or composition needed to process an annual re-examination recertification, a special recertification or an interim redetermination.re- determination;
e. 6. Serious or repeated damage to the Premises, and/or appliances, equipment or property supplied at or about the premises by the Authoritydwelling unit, creation of physical hazards in the Premisesunit, common areas, grounds, or parking areas of any project sitesite and/or failure to report incidents of property damage;
7. Repeated lease violations such as, but not limited to, allowing unauthorized persons to live in the unit, allowing guests to be unescorted in common areas of the high-rise and mid-rise buildings or defacing the property. Up to three (3) notices shall constitute repeated lease violations;
8. Drug related criminal activity engaged in on or off the premises by any resident, member of the resident’s household or guest, and any such activity engaged in on the premises by any other person under the resident’s control. Additionally, the WHA may evict a family when it is determined that a household member is illegally using a drug or when the WHA determines that a pattern of illegal use of a drug interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents and WHA staff;
9. A resident fleeing to avoid prosecution, custody or confinement after conviction for a crime, or the attempt to commit a crime that is a felony under the laws of Delaware or the State to which the individual flees; or violating a condition of probation or parole imposed under Federal or State law.
f. Any 10. Committing criminal activity, regardless of whether the covered person has been arrested or convicted for such activity and without satisfying the standard of proof used for a criminal conviction;Criminal activity by XxxxxxResident, Household Memberhousehold member, guest, or other person under Xxxxxx’s Resident's control, including criminal activity, that threatens the health, safety or right to peaceful enjoyment of the Authority’s public housing premises by other residents or employees, placement on a state sex offender list, or any drug-related criminal activity.
g. Possession of weapons or controlled substances in violation of any federal, state or local law in or about the premises by Xxxxxx, a Household Member, guest or invitee of the Tenant.
h. Any fire on Authority premises caused by the Tenant, Household Members or guests’ actions or neglect.
i. Failure to comply with Section IV of this Lease.
j. Failure to accept the Authority’s offer of a lease revision to this Lease; the Authority shall provide notice of the offer of the revision at least 60 calendar days before the Lease revision is scheduled to take effect and the offer shall specify a reasonable time limit within which the Tenant must accept the offer.
k. Upon the death of the Tenant, or if there is more than one Tenant, upon the death of all Tenants, either the Authority or the personal representative of the Tenant’s estate may terminate this Lease upon 30 days written notice, to be effective on the last day of a calendar month. If full notice is not given, the Tenant’s estate shall be liable for rent to the end of the notice period or to the date the unit is re-rented, whichever date comes first. The termination of the Lease under this section shall not relieve the Tenant’s estate from liability either for payment of rent or other amounts owed prior to or during the notice-period, or for the payment of amounts necessary to restore the premises to its condition at the beginning of the Tenant’s occupancy, normal wear and tear excepted. The Authority shall give written notice of termination of this Lease of:
a. Fourteen (14) days in the case of failure to pay rent;
b. a reasonable time, considering the seriousness of the situation (but not to exceed 30 days), if;
1. The health or safety of other residents, Authority employees, or persons residing in the immediate vicinity of the premises is threatened; or
2. Any member of the household has engaged in any drug-related criminal activity or violent criminal activity; or
3. Any member of the household has been convicted of a felony.
c. Thirty (30) days in all other cases, unless a shorter notice period is allowed by law. The notice of termination shall state the reason(s) for the termination; shall inform the tenant of the right to reply; of the Tenant’s right prior to hearing to examine any relevant Authority documents directly related to the eviction or termination and of the Tenant’s right to request a hearing in accordance with the Authority’s grievance procedures. In the event of a lease termination involving:
1. Any criminal activity that threatens the health, safety or right to peaceful enjoyment of the WHA's public housing premises of by other residents residents, or employees of the Authority; or
2. Any violent or drug-any drug related criminal activity on or off the premises; or, and alcohol abuse that interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents;
311. Deadly weapons, dangerous instruments or illegal drugs or drug paraphernalia seized on or off WHA property by a law enforcement officer, or employee, agent or representative of WHA;
12. Any criminal activity that results fire on Authority premises caused by carelessness, failure to supervise children or inattentive/unattended cooking. Up to three (3) incidents of inattentive/unattended cooking will result in lease termination;
13. Failure of a felony conviction of family member to comply with the Tenant or any household member. Tenant shall not have, Community Service Requirement will result in ineligibility for continued occupancy and shall not be informed of, the right to request a grievance hearing. At the expiration or termination of this Lease, the Authority shall dispose of any personal property left residency at the Premises as provided by state law. The acceptance of rental payments by the Authority shall not constitute a waiver of conditions or of any defaults under the terms of this Lease. Tenant shall remain responsible for payment of rent through the date that a Court-issued Writ of Possession is enforced or a minimum of thirty days after tenant provides notice of termination or the date that an out-inspection occurs. In the event that Xxxxxx has paid rent for any period beyond the date of an enforcement of a writ of possession or the date of an out-inspection or the end of the 30 intent to vacate notice, the Authority shall refund any such amount pro rata second twelve month base term (see Admissions and the acceptance Continued Occupancy Policy);
14. Discovery of said funds material false statements or fraud by the Authority shall not entitle Tenant resident in connection with application for assistance or with recertification;
15. Repeated yard citations for failing to any additional period of occupancy or possession of the premises beyond said datekeep yard and area around dwelling unit clean and failing to have WHA approved receptacles for trash and garbage storage. The Authority will consider the Premises Up to be abandoned when a Tenant has defaulted in the payment of rent and failed to cure within applicable grace periods, and has clearly indicated by words and actions an intention to terminate this Lease and occupancy of Premises. The Tenant acknowledges and agrees that three (3) such activity, including but not limited to situations in which the Tenant’s property is removed from the Premises and the Premises appears vacant, notices shall constitute a termination of the Lease by the Tenant, and a surrender of the Premises to the Authority.repeated lease violations;
Appears in 1 contract
Samples: Residential Lease Agreement
Termination of the Lease. The In terminating the Lease, the following procedures shall be followed by the Authority and Tenant:
a) This Lease may terminate this Lease be terminated only for Tenant’s serious or repeated violations of material terms I of the provisions of this 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 violations violation of terms shall include but not be limited toto :
a. 1. The failure to pay rent or other charges/payments when due.;
b. 2. Repeated late payment of rent or other chargespayment, which shall be defined as failure to pay the amount of rent or other charges three (3) times within any twelve (12) month perioddue by the 5th calendar day of the month.
c. Misrepresentation 3. Failure to pay utility bills when Tenant is responsible for paying such bills directly to the supplier of family income, assets, utilities;
4. Discovery after admission of facts that made the Tenant ineligible;
5. Discovery of material false statements or composition fraud by the Tenant in the Tenant’s initial connection with an application for tenancy assistance or in an interim with re-examination of income or annual status examination.family composition;
d. 6. Failure to providesupply, in a timely fashion, any certification, release, information or documentation on family income or composition needed to process annual re- examinations or interim re-examination determination
7. Refusal to accept and execute an amendment, lease revision or interim redetermination.written rider to the lease after the Authority provides at least 30 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;
e. 8. Serious or repeated damage to the Premises, and/or appliances, equipment or property supplied at or about the premises by the Authoritydwelling unit, creation of physical hazards in the Premisesunit, common areas, grounds, or parking areas of any project community site.;
f. Any 9. Criminal or other activity by Xxxxxx, Household Member, guest, or other person under Xxxxxx’s control, including criminal activity, a member of the household that threatens the health, safety or right to peaceful enjoyment of the Authority’s public housing premises by other residents or employees, placement on a state sex offender list, or any drug-related criminal activity.
g. Possession of weapons or controlled substances in violation of any federal, state or local law in or about the premises by Xxxxxx, a Household Member, guest or invitee of the Tenant.
h. Any fire on Authority premises caused by the Tenant, Household Members or guests’ actions or neglect.
i. Failure to comply with Section IV of this Lease.
j. Failure to accept the Authority’s offer of a lease revision to this Lease; the Authority shall provide notice of the offer of the revision at least 60 calendar days before the Lease revision is scheduled to take effect and the offer shall specify a reasonable time limit within which the Tenant must accept the offer.
k. Upon the death of the Tenant, or if there is more than one Tenant, upon the death of all Tenants, either the Authority or the personal representative of the Tenant’s estate may terminate this Lease upon 30 days written notice, to be effective on the last day of a calendar month. If full notice is not given, the Tenant’s estate shall be liable for rent to the end of the notice period or to the date the unit is re-rented, whichever date comes first. The termination of the Lease under this section shall not relieve the Tenant’s estate from liability either for payment of rent or other amounts owed prior to or during the notice-period, or for the payment of amounts necessary to restore the premises to its condition at the beginning of the Tenant’s occupancy, normal wear and tear excepted. The Authority shall give written notice of termination of this Lease of:
a. Fourteen (14) days in the case of failure to pay rent;
b. a reasonable time, considering the seriousness of the situation (but not to exceed 30 days), if;
1. The health or safety of other residents, Authority employees, public housing residents or persons of person residing in the immediate vicinity of the premises is threatened; orpremises;
210. Any activity by a member of the household that threatens the health or safety of PHA management staff, other resident or employees, or any drug related criminal activity on or off the premises;
11. If any resident, member of the household or guest has engaged in any drug-drug related criminal activity on or violent criminal activityoff the premises, including cases where:
i) A resident, member of household or guest has engage in drug trafficking; or
3. Any ii) a resident, member of household 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 has been convicted of a felony.
c. Thirty (30) days in all other cases, unless a shorter notice period is allowed by law. The notice of termination shall state the reason(s) for the termination; shall inform the tenant of the right to reply; of the Tenant’s right prior to hearing to examine any relevant Authority documents directly related to the eviction or termination and of the Tenant’s right to request a hearing in accordance with the Authority’s grievance procedures. In the event of a lease termination involving:
1. Any criminal activity that threatens member may threaten the health, safety or right to peaceful enjoyment of the premises of by other residents residents);
12. If any person under the resident’s control has engaged in drug trafficking or employees illegal drug use on the premises;
13. If a member of the Authorityhousehold is:
i) 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
2ii) Violating a condition of probation or parole imposed under Federal or State law.
14. Weapons or illegal drugs seized in an Authority unit by a law enforcement officer;
15. Any violent or drug-related criminal activity fire on or off the premises; or
3. Any criminal activity that results in a felony conviction of the Tenant or any household member. Tenant shall not have, and shall not be informed of, the right to request a grievance hearing. At the expiration or termination of this Lease, the Authority shall dispose of any personal property left at the Premises as provided by state law. The acceptance of rental payments by the Authority shall not constitute a waiver of conditions or of any defaults under the terms of this Lease. Tenant shall remain responsible for payment of rent through the date that a Court-issued Writ of Possession is enforced or a minimum of thirty days after tenant provides notice of termination or the date that an out-inspection occurs. In the event that Xxxxxx has paid rent for any period beyond the date of an enforcement of a writ of possession or the date of an out-inspection or the end of the 30 intent to vacate notice, the Authority shall refund any such amount pro rata and the acceptance of said funds by the Authority shall not entitle Tenant to any additional period of occupancy or possession of the premises beyond said date. The Authority will consider the Premises to be abandoned when a Tenant has defaulted in the payment of rent and failed to cure within applicable grace periods, and has clearly indicated by words and actions an intention to terminate this Lease and occupancy of Premises. The Tenant acknowledges and agrees that such activity, including but not limited to situations in which the Tenant’s property is removed from the Premises and the Premises appears vacant, shall constitute a termination of the Lease caused by the Tenant, and a surrender household members or guests; neglect
16. Continued compliance of the Premises to community service requirement, on the Authoritypart of any non-exempt adult resident.
i) Continued non-compliance is defined as the 12 month period after the head of household and noncompliant non-exempt adult shall cure the noncompliance by making up the community service hours in the subsequent 12 months
ii) This continued non-compliance will result in eviction of the entire family, unless the non-compliant family member is no longer part of the household
17. The third 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.
Appears in 1 contract
Samples: Residential Lease Agreement
Termination of the Lease. The Authority In terminating the Lease, the following procedures shall be followed by ACHA and Tenant:
a) This Lease may terminate this Lease be terminated only for Tenant’s serious or repeated violations of material terms of the provisions of this Lease, such as failure to make payments due under the lease or to fulfill Tenant obligations set forth in Section 9 above, or for other good cause. Such serious or repeated violations violation of terms shall include but not be limited to:
a. i. The failure to pay rent or other payments when due.;
b. ii. Repeated late payment of rent or other chargespayment, which shall be defined as failure to pay the amount of rent or other charges due in accordance with the lease. Any tenant served with a notice for non-payment of rent three (3) times within any in succession or six (6) times during a twelve (12) month period.period shall constitute a repeated late payment and as such shall be subject to a lease termination;
c. iii. Failure to pay utility bills when Tenant is responsible for paying such bills directly to the supplier of utilities;
iv. Misrepresentation of family income, assets, or composition in the Tenant’s initial application for tenancy or in an interim or annual status examination.composition;
d. v. Failure to providesupply, in a timely fashion, any certification, release, information information, or documentation docu- mentation on family Family income or composition needed to process annual re-examination reexaminations or interim redeterminationredeterminations.
e. vi. Serious or repeated damage to the Premises, and/or appliances, equipment or property supplied at or about the premises by the Authoritydwelling unit, creation of physical hazards in the Premisesunit, common areas, grounds, or parking areas of any project development site.;
f. Any vii. Criminal activity by XxxxxxTenant, Household Memberhousehold member, guest, or other person under Xxxxxx’s Tenant's control, including criminal activity, that threatens the health, safety or right to peaceful enjoyment of the Authority’s public housing premises by other residents or employees, placement on a state sex offender list, or any drug-related criminal activity.
g. Possession of weapons or controlled substances in violation of any federal, state or local law in or about the premises by Xxxxxx, a Household Member, guest or invitee of the Tenant.
h. Any fire on Authority premises caused by the Tenant, Household Members or guests’ actions or neglect.
i. Failure to comply with Section IV of this Lease.
j. Failure to accept the Authority’s offer of a lease revision to this Lease; the Authority shall provide notice of the offer of the revision at least 60 calendar days before the Lease revision is scheduled to take effect and the offer shall specify a reasonable time limit within which the Tenant must accept the offer.
k. Upon the death of the Tenant, or if there is more than one Tenant, upon the death of all Tenants, either the Authority or the personal representative of the Tenant’s estate may terminate this Lease upon 30 days written notice, to be effective on the last day of a calendar month. If full notice is not given, the Tenant’s estate shall be liable for rent to the end of the notice period or to the date the unit is re-rented, whichever date comes first. The termination of the Lease under this section shall not relieve the Tenant’s estate from liability either for payment of rent or other amounts owed prior to or during the notice-period, or for the payment of amounts necessary to restore the premises to its condition at the beginning of the Tenant’s occupancy, normal wear and tear excepted. The Authority shall give written notice of termination of this Lease of:
a. Fourteen (14) days in the case of failure to pay rent;
b. a reasonable time, considering the seriousness of the situation (but not to exceed 30 days), if;
1. The health or safety of other residents, Authority employees, or persons residing in the immediate vicinity of the premises is threatened; or
2. Any member of the household has engaged in any drug-related criminal activity or violent criminal activity; or
3. Any member of the household has been convicted of a felony.
c. Thirty (30) days in all other cases, unless a shorter notice period is allowed by law. The notice of termination shall state the reason(s) for the termination; shall inform the tenant of the right to reply; of the Tenant’s right prior to hearing to examine any relevant Authority documents directly related to the eviction or termination and of the Tenant’s right to request a hearing in accordance with the Authority’s grievance procedures. In the event of a lease termination involving:
1. Any criminal activity that threatens the health, safety or right to peaceful enjoyment of the ACHA's public housing premises of by other residents residents, or employees of the Authority; or
2. Any violent or any drug-related criminal activity on activity.
viii. Weapons or off the premises; orillegal drugs seized in a ACHA unit by a law enforcement officer;
3ix. Any criminal activity that results fire on ACHA premises caused by carelessness or unattended cooking.
x. Fail to act, and cause household members or guests to act in a felony conviction manner that will not disturb other residents' peaceful enjoyment of the Tenant or any household member. Tenant shall not havetheir accommodations; and/or be conducive to maintaining all ACHA developments in a decent, safe, and shall not be informed of, the right to request a grievance hearingsanitary condition
xi. At the expiration or termination Any violation of this Lease, the Authority shall dispose of any personal property left at the Premises as provided by state law. The acceptance of rental payments by the Authority shall not constitute a waiver of conditions or of any defaults under the terms of this Lease. Tenant the lease.
b) ACHA shall remain responsible for payment of rent through the date that a Court-issued Writ of Possession is enforced or a minimum of thirty days after tenant provides give written notice of termination or the date that an out-inspection occurs. In the event that Xxxxxx has paid rent for any period beyond the date of an enforcement of a writ of possession or the date of an out-inspection or the end of the 30 intent to vacate notice, the Authority shall refund any such amount pro rata and the acceptance of said funds by the Authority shall not entitle Tenant to any additional period of occupancy or possession of the premises beyond said date. The Authority will consider the Premises to be abandoned when a Tenant has defaulted in the payment of rent and failed to cure within applicable grace periods, and has clearly indicated by words and actions an intention to terminate this Lease and occupancy of Premises. The Tenant acknowledges and agrees that such activity, including but not limited to situations in which the Tenant’s property is removed from the Premises and the Premises appears vacant, shall constitute a proposed termination of the Lease by the Tenant, and a surrender of the Premises to the Authority.of:
Appears in 1 contract
Samples: Residential Lease Agreement
