Residential Property Lease Agreement

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Dear Owner (Landlord),
CMHA has provided a sample lease on the following pages you can download the lease from the CMHA
website at CMHA can not require that you use this lease form and you, as the owner, may
only use this sample lease if you do not have a standard lease form used for other tenants. If you have a
regular written lease that you use for other unassisted tenants, the lease you use for the HCVP tenants must
be the same.
The Quality Housing and Work Responsibility Act of 1998 changed the regulations regarding the type of
lease form to be used. As a convenience to you we have provided such regulations from the CFRs (Code of
Federal Regulations) below.
§ 982.308 Lease and tenancy.
(a) Tenant's legal capacity. The tenant must have legal capacity to enter a lease under State and local law.
“Legal capacity” means that the tenant is bound by the terms of the lease and may enforce the terms of the
lease against the owner.
(b) Form of lease. (1) The tenant and the owner must enter a written lease for the unit. The lease must be
executed by the owner and the tenant.
(2) If the owner uses a standard lease form for rental to unassisted tenants in the locality or the premises,
the lease must be in such standard form (plus the HUD-prescribed tenancy addendum). If the owner does
not use a standard lease form for rental to unassisted tenants, the owner may use another form of lease,
such as a PHA model lease (including the HUD-prescribed tenancy addendum). The HAP contract
prescribed by HUD will contain the owner's certification that if the owner uses a standard lease form for
rental to unassisted tenants, the lease is in such standard form.
(c) State and local law. The PHA may review the lease to determine if the lease complies with State and
local law. The PHA may decline to approve the tenancy if the PHA determines that the lease does not
comply with State or local law.
(d) Required information. The lease must specify all of the following:
(1) The names of the owner and the tenant;
(2) The unit rented (address, apartment number, and any other information needed to identify the contract
unit);
(3) The term of the lease (initial term and any provisions for renewal);
(4) The amount of the monthly rent to owner; and
(5) A specification of what utilities and appliances are to be supplied by the owner, and what utilities and
appliances are to be supplied by the family.
(6) For multi-unit structures the landlord is required to maintain common areas, including snow removal and
lawn care. For duplexes, unless otherwise specified in the lease, the landlord is responsible for common
areas to include grass cutting and snow removal. For single family dwellings, the lease must specify the
responsible party for snow removal and lawn care.

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