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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 <br />