Lease Addendum for RHDA Funded properties

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FOR CITY OF AUSTIN-ASSISTED PROPERTIES

RHDA LEASE ADDENDUM

1. This Lease Agreement Addendum (“Addendum”) is an addendum to the Lease Agreement (herein referred to

as the “Lease Agreement”), entered into on [Date] between [Landlord Name] (herein referred to as

“Owner”) and [Tenant Name] (herein referred to as “Tenant”) for the leasing of the premises at [Address],

Austin, Texas [Zip Code] (herein referred to as “the Property”). The term “Owner” includes Owner’s agent(s).

2. The provisions of this Addendum replace any conflicting provisions contained in the Lease Agreement. To

the extent any conflict exists between the Lease Agreement and this Addendum, the provisions of this

Addendum shall govern.

3. The provisions of this Addendum shall apply during the entirety of a tenancy, including month-to-month

tenancies and any holdover tenancy.

4. Prohibited Lease Terms. The Owner and Tenant agree that the following provisions, if included in the

Lease Agreement, shall be null and void and unenforceable:

4.1. Any and all provisions in the Lease Agreement that require the Tenant to agree to be sued, to admit guilt,

or to a judgment in favor of the Owner in a lawsuit brought in connection with the lease or the Property.

4.2. Any and all provisions in the Lease Agreement that allow the Owner to take, hold, or sell personal

property of the Tenant or household members without written notice to the Tenant and a court decision

on the rights of the parties except when the property remains in the unit after the Tenant has moved out

of the unit and the property is disposed of in accordance with State law.

4.3. Any and all provisions in the Lease Agreement that excuse the Owner from legal responsibility or liability

for any action or failure to act, whether intentional or negligent.

4.4. Any and all provisions in the Lease Agreement that allow the Owner to institute an eviction lawsuit against

the Tenant without notice to the Tenant.

4.5. Any and all provisions in the Lease Agreement that allow the Owner to evict the Tenant or household

members without instituting a civil court proceeding in which the Tenant is provided the opportunity to

present a defense or before a court decision on the rights of the parties.

4.6. Any and all provisions in the Lease Agreement that require the Tenant to waive a trial by jury.

4.7. Any and all provisions in the Lease Agreement that require the Tenant to waive any right to appeal or to

otherwise challenge, in court, a court decision connected to the Lease Agreement, this Addendum, or the

Property.

4.8. Any and all provisions in the lease agreement that require the Tenant to pay the costs of legal actions,

regardless of outcome. This includes any agreement by the Tenant to pay attorney’s fees or other legal

costs even if the Tenant wins in a court proceeding instituted by the Owner against Tenant. This does

not include a provision of the Lease Agreement that obligates the Tenant to pay such costs if the Tenant

loses in court.

4.9. Any and all provisions in the Lease Agreement that require the Tenant to waive the right to participate in

a class action or collective action against the Owner.

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4.10. Any and all provisions in the Lease Agreement that require the Tenant (other than a tenant in transitional

housing) to accept supportive services.

4.11. Any and all provisions in the Lease Agreement that require the Tenant to allow the Owner to enter the

Tenant’s unit with less than twenty-four (24) hours’ notice.

4.12. Any and all provisions in the Lease Agreement that require the Tenant to pay charges and/or fees for late

payments that total more than five (5) percent of the amount of rent paid by the Tenant for the rental

period.

4.13. Any and all provisions in the Lease Agreement that allow the Owner to terminate a tenancy for failure to

pay fees and fines other than rent. This section also prohibits provisions that allow the Owner to allege

that the Tenant owes rent because the Tenant allegedly owes other fees or fines to the Owner.

4.14. Any and all provisions in the Lease Agreement that presume the Tenant is responsible for causing any

conditions that necessitate repairs or pest treatments.

4.15. Any and all provisions in the Lease Agreement that prohibit overnight guests who stay on the Property

for seven or fewer consecutive nights. This limitation does not apply to a guest who is prohibited from

entering the Property.

4.16. Any and all provisions in the Lease Agreement that prohibit rental payments by money order, cashier’s

check, or check; and any and all provisions in the Lease Agreement that require the Tenant to pay an

additional fee (or fees) because the Tenant uses a money order, cashier’s check, or check to pay rent. An

Owner may refuse to accept a rental payment by check only after one or more of the Tenant’s checks are

returned because of insufficient funds.

5. Termination of Tenancy:

5.1. Grounds for termination or nonrenewal. Owner may not terminate the tenancy or refuse to renew the

lease of a Tenant except for:

5.1.1. serious or repeated violations of the terms and conditions of the Lease Agreement (e.g., failure to pay

rent, or criminal activity that threatens the health, safety, or right to peaceful enjoyment of the

premises by other residents); or

5.1.2. violations of applicable Federal, State, or local laws; or

5.1.3. completion of tenancy period for transitional housing; or

5.1.4. the temporary or permanent uninhabitability of the Property justifying relocation of all or some of

the Property’s tenants (except where such uninhabitability is caused by the actions or inactions of

the Owner). Termination on this ground shall trigger the Relocation provisions in Section 11, except

in cases where the property becomes uninhabitable due to the Tenant’s intentional actions.

5.2. Notices.

5.2.1. 30-day Notice.

5.2.1.1. To terminate or nonrenew the lease, Owner shall serve written notice upon the Tenant

specifying the grounds for the termination or nonrenewal at least 30 days before the effective

date of the termination or nonrenewal unless the termination is based on serious violent

criminal activity that poses an immediate threat to the safety of staff or other residents. The

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notice to terminate or nonrenewal shall be served on the Tenant by either: (1) both first class

mail and either certified or registered mail; or (2) by personal delivery to the Tenant or a

household member eighteen years or older.

5.2.1.2. The written notice must inform Tenant of the right to discuss with the Owner the proposed

termination or non-renewal of tenancy. The notice must give Tenant at least ten days from the

date of the notice to request a meeting with the Owner. If the Tenant makes a timely request,

the Owner agrees to meet with the Tenant.

5.2.2. Three-day Notice. If the dispute is not resolved and the Tenant does not vacate the premises by the

effective date of the termination as set forth in the notice of lease termination, Owner shall give the

Tenant at least three days written notice to vacate the premises unless the termination is based on

serious violent criminal activity that poses an immediate threat to the safety of staff or other

residents. If the Tenant does not vacate the premises by the end of the third day, Owner may then

proceed to obtain possession by a forcible entry and detainer lawsuit in the appropriate Justice of

the Peace court.

5.2.3. Failure to Follow Notice Procedure.

5.2.3.1. Except for a termination based on serious violent criminal activity that poses an immediate

threat to the safety of staff or other residents, the Owner agrees that providing the 30-day and

three-day notices are condition precedents to filing a forcible entry and detainer lawsuit.

5.2.3.2. The Owner waives the right to challenge a Tenant’s request to dismiss the forcible entry and

detainer lawsuit for failure to comply with the notice procedures.

5.2.3.3. The Owner waives the right to appeal to a dismissal of the forcible entry and detainer lawsuit

for a failure to comply with the notice procedures.

5.3. Except for drug activity, serious and violent criminal activity, or other serious criminal activity, Owner

agrees to provide Tenant with at least ten days to cure any alleged violation of the Lease Agreement. This

ten-day opportunity to cure must occur before the Owner serves the Tenant with the 30-day notice

described in Subsection 5.2.1.

5.4. Remedy for Damages for Repair Costs (“Repair Damages”).

5.4.1. To recover repair damages, the Owner agrees to withhold a portion of or all of the Tenant’s security

deposit upon move-out or to file suit for damages in a court of competent jurisdiction.

5.4.2. The Owner agrees that its repair damages are limited to actual damages.

5.4.3. If the Owner files a lawsuit to recover repair damage, the parties agree that the:

5.4.3.1. Owner may seek reasonable attorney’s fees and courts costs; and

5.4.3.2. Tenant may take up to 30 days from the date the judgment is entered to pay the damages

awarded by the court.

5.4.4. Except as provided in Subsection 5.4.5, the Owner may not seek to evict solely because the Tenant

failed to pay for alleged repair damages. If the Owner files an eviction suit to recover only repair

damages, the Owner agrees that the Tenant may request the Court dismiss the suit because the

Owner limited its right to evict solely because the Tenant failed to pay for alleged property damage.

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5.4.5. This section does not apply to a lawsuit to evict for drug activity, serious and violent criminal activity,

or other serious criminal activity.

6. Entry into Unit. Owner may enter the unit during reasonable times for any reasonable business purposes

after providing to the Tenant at least twenty-four- (24) hours’ notice, a reasonable window of time for entry,

except for reasons stated in Section 4.11.

6.1. Except as provided in 6.4 and 6.5, the Owner may enter the unit during business hours for a business-

related need after providing the Tenant with notice of the need to enter at least 24 hours before the time

for entry.

6.2. Whenever the Tenant or a member of the Tenant’s household who is 19 years of age or older is not

present in the unit at the time of entry, the Owner must provide written documentation in the unit that

states the purpose of entry, the time of entry, and who entered.

6.3. The Owner agrees to avoid entering the unit so frequently as to seriously disturb the Tenant’s peaceful

enjoyment of the unit.

6.4. In this provision, the term “emergency” does include every repair the Tenant requests from the Owner.

The Tenant agrees that the Owner may enter the unit without 24-hours’ notice if:

6.4.1. the Tenant requests the Owner enter the unit; or

6.4.2. the Owner believes, in good faith, that an emergency exists that creates an imminent danger to the

Tenant, a member of the Tenant’s household, or a unit located on either side or above the Tenant’s

unit.

6.5. This section does not require the Owner to provide specific notice before entering the Tenant’s unit to

post a Notice to Vacate, as authorized by the Texas Property Code.

7. Tenant’s Right to Conduct Activities related to a Tenant Organization.

7.1. The Owner agrees each tenant may conduct activities on the Property related to establishing or operating

a tenant organization.

7.2. If requested, the Owner agrees to meet with Tenant and a member of a tenant organization during regular

business hours to discuss matters related to the Tenant’s unit or the Property as a whole.

7.3. The Owner may not retaliate against a Tenant or Tenant’s guests because the Tenant or the Tenant’s

guest established, attempted to establish, or participated in a tenant organization.

7.4. If the Tenant accesses common areas for tenant organization activities, the Owner may not impose fees

or rules that are not applicable to a tenant who accesses a common area for activities that do not include

tenant organization activities.

8. Tenant’s Right to Access Tenant File

8.1. The Owner agrees the Tenant is entitled to review and copy any documents that the Tenant signed,

including a rental application, the Lease Agreement, or this Addendum; and to review and copy any

documents that relate to the Owner’s reason for terminating or non-renewal of tenancy.

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8.2. The Owner may redact documents if the Owner reasonably believes that redaction is necessary to protect

the health and safety of staff or other residents and may redact if redactions are required by law. The

Owner may not redact any document signed by the Tenant.

9. Remediation of Hazardous Health Conditions. The Owner shall address and remediate hazardous health

conditions, including but not limited to mold in indoor areas, in a timely manner, which is presumed to be

seven (7) days from the receipt of notice about the condition. The Owner may rebut this presumption by

establishing that the condition was remediated in a timely manner, is in the process of being remediated in a

timely manner, or that the Owner has implemented a timely plan for remediation, based on the specific facts

of the condition and the remediation.

10. Cost of Repairs.

10.1. The Owner may charge Tenant for repairs made to the unit if, prior to making the repair, the Owner gives

the Tenant written notice that includes the estimated costs.

10.2. Upon the Tenant’s request, the Owner must provide Tenant with an invoice for the cost of the repairs

that are made to the Tenant’s unit or otherwise charged to the Tenant.

10.3. The Owner agrees that the Tenant may dispute the necessity and extent of the repairs.

10.4. This section does not modify or expand the limitations found in Section 5.4 of this Addendum.

11. Relocation.

11.1. Relocation Assistance.

11.1.1. Unless the Tenant intentionally damages the unit to the degree that the Tenant must vacate the

unit, the Owner agrees to provide relocation assistance to Tenant if Tenant is required to vacate the

unit, permanently or temporarily, due to repair, transfer, sale, or renovation of the unit or Property.

11.1.2. Relocation assistance includes moving expenses (actual and anticipated expenses related to moving

Tenant, Tenant’s household members, and their personal property), utility connection fees, non-

refundable deposits, and rent increases at a temporary unit during the relocation period.

11.1.3. The Owner agrees that the payment for a permanently displaced Tenant is the amount necessary

to enable the Tenant to lease or rent a comparable dwelling for up to 42 months, as set forth in the

Uniform Relocation Assistance and Real Property Acquisition Policies of 1970 (“URA”).

11.2. Right to Return. If the Tenant is relocated because of renovations or repairs at the Property, Owner agrees

to provide the Tenant the opportunity to return to their original unit or a comparable unit at the same

property. A comparable unit has the same number of bedrooms or equivalent square footage. The

Tenant’s right to return lasts for one year from the date of completion of the renovations or repairs to

the Tenant’s unit or the completion of the Tenant’s lease at another property, whichever is earlier.

12. Tenant Agreement to Provide Requested Information. The Tenant understands that the unit leased under

the Lease Agreement has received governmental subsidies and that, as a condition of the governmental subsidy,

the Tenant is required and hereby agrees to provide Owner with any information and sign such releases which

are necessary to allow Owner to verify the Tenant's income and otherwise comply with government rules and

regulations. The Tenant agrees to provide Owner accurate and complete information regarding the Tenant's

income and to do so by the date specified in Owner's request. The Tenant understands that the intentional

failure to supply accurate and complete information regarding Tenant's income shall constitute a serious lease

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violation. All Tenant files will be available for inspection by all applicable federal, state, and local agencies. The

Tenant hereby consents to release of all such information by Owner to governmental agencies.

13. Copies of Lease Agreement. Owner agrees to provide Tenant a copy of the Lease Agreement and this

Addendum in the language in which the lease was negotiated. Owner also agrees to provide Tenant a copy of

any other rules or policies issued by Owner that govern the Tenant’s conduct at the Property. Owner agrees

to attach a copy of this Addendum to any petition filed in an eviction proceeding against the Tenant. Owner

agrees that Owner’s failure to provide a copy of this Addendum to the Tenant or to the Court shall be cause

for dismissal without prejudice of any eviction lawsuit filed by the Owner.

14. This Addendum is deemed to have been made in compliance with all applicable State and local laws, and if any

section or part is not lawful, only that section or part shall be void, and the balance of the Addendum shall

remain in full force and effect.

BY:

Owner's Representative Date

Tenant Date

LANDLORD: THIS DOCUMENT MUST BE ATTACHED TO EACH AND EVERY LEASE

SIGNED DURING THE AFFORDABILITY PERIOD, INCLUDING LEASE RENEWALS.