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11. Rental Agreement. <br />a. Lease agreements for Assisted Units must comply with Section 92.253 of the <br />HOME Regulations, as summarized below: <br />(1) The lease must be for a term of not less than one (1) year unless by mutual <br />agreement between tenant and owner. <br />(2) Any termination of tenancy or refusal to renew a lease must be preceded <br />by thirty (30) days written notice specifying the grounds for the action by the owner. Developer <br />shall not terminate the tenancy or refuse to renew the lease of a tenant except for serious or <br />repeated violation of the terms and conditions of the lease, for violation of applicable federal, <br />state, or local law, for completion of the transitional housing tenancy period, or for other good <br />cause. Any termination or refusal to renew a lease by Developer's service upon the tenant of a <br />written notice shall be in compliance with State law and specify the grounds for the action. <br />(3) Leases may not contain any of the following prohibitive clauses: <br />a. Agreement by the tenant to be sued, to admit guilt, or to a <br />judgment in favor of Developer or Developer's agent in a lawsuit brought in connection with the <br />lease; <br />b. Agreement by the tenant that Developer may take, hold, or sell <br />personal property of household members without notice to the tenant and a court decision on the <br />rights of the parties. This prohibition, however, does not apply to an agreement by the tenant <br />concerning disposition of personal property remaining in the housing unit after the tenant has <br />moved out of the unit. Developer may dispose of this personal property in accordance with state <br />law; <br />c. Agreement by the tenant not to hold Developer or Developer's <br />agents legally responsible for any action or failure to act, whether intentional or negligent; <br />d. Agreement of the tenant that Developer or Developer's agent may <br />institute a lawsuit without notice to the tenant; <br />e. Agreement by the tenant that Developer or Developer's agent may <br />evict the tenant or household members without instituting a civil court proceeding in which the <br />tenant has the opportunity to present a defense, or before a court decision on the rights of the <br />parties; <br />f. Agreement by the tenant to waive any right to a trial by jury; <br />g. Agreement by the tenant to waive tenant's right to appeal, or to <br />otherwise challenge in court, a court decision in connection with the lease; and <br />h. Agreement by the tenant to pay attorneys' fees or other legal costs <br />even if the tenant wins in a court proceeding by the owner against the tenant. The tenant, <br />however, may be obligated to pay costs if the tenant loses. <br />144\221\1488729.2