Form Hud 90105A – Fill Out and Use This PDF

OMB Approval No. 2502-0204

(Exp. 06/30/2017)

		MODEL LEASE FOR SUBSIDIZED PROGRAMS
1.	Parties and	The parties to this Agreement are(A)____		____
	Dwelling	____________________, referred to as the
(B)	Unit:	Landlord, and

______________________________

____________________________,

referred to as the Tenant. The Landlord leases

to the Tenant(S) unit number(C)__

____, located

at

(D)

__________________________

_______________________________________

(E)

_______________________________.

in the project known as______

2.

Length of Time

The initial term of this Agreement shall begin

(Term):

(F)

(G)

_____.

After

on ____

_____ and end on ____

the initial term ends, the Agreement will

continue for successive terms of one(H)_______

____ each unless

automatically terminated as permitted by paragraph 23 of this

Agreement.

3.

Rent:

(I)

__ for the

The Tenant agrees to pay $____

(J)

______.

After

partial month ending on _____

(K)

_ per

that, Tenant agrees to pay a rent of $_

(L)

____ day of the month at

month. This amount is due on the ____

____________________

___________________________________________

(M)

__________________________________________________________________.

The Tenant understands that this monthly rent is less than the

market (unsubsidized) rent due on this unit. This lower rent is

available either because the mortgage on this project is subsidized

by the Department of Housing and Urban Development (HUD) and/or

because HUD makes monthly payments to the Landlord on behalf of the

Tenant. The amount, if any, that HUD makes available monthly on

behalf of the Tenant is called the tenant assistance payment and is

shown on the "Assistance Payment" line of the Owner’s

Certification of Compliance with HUD’s Tenant Eligibility and Rent

Procedures form which is Attachment No. 1 to this Agreement.

4.

Changes in the

The Tenant agrees that the amount of rent the

Tenant's Share

Tenant pays and/or the amount of assistance that

of the Rent:

HUD pays on behalf of the Tenant may be changed

during the term of this Agreement if:

a.HUD or the Contract Administrator (such as a Public Housing Agency) determines, in accordance with HUD procedures, that an increase in rents is needed;

b.HUD or the Contract Administrator changes any allowance for utilities or services considered in computing the Tenant's share of the rent;

c.the income, the number of persons in the Tenant's household or other factors considered in calculating the Tenant's rent change and HUD procedures provide that the Tenant's rent or assistance payment be adjusted to reflect the change;

Page 1 of 15	form HUD-90105a (12/2007)
	ref. HB 4350.3 Rev. 1

OMB Approval No. 2502-0204

(Exp. 06/30/2017)

d. changes in the Tenant's rent or assistance payment are required by HUD's recertification or subsidy termination procedures

e. HUD's procedures for computing the Tenant's assistance payment or rent change; or

f. the Tenant fails to provide information on his/her income, family composition or other factors as required by the Landlord.

The Landlord agrees to implement changes in the Tenant's rent or tenant assistance payment only in accordance with the time frames and administrative procedures set forth in HUD's handbooks, instructions and regulations related to administration of multifamily subsidy programs. The Landlord agrees to give the Tenant at least 30 days advance written notice of any increase in the Tenant's rent except as noted in paragraphs 11, 15 or 17. The Notice will state the new amount the Tenant is required to pay, the date the new amount is effective, and the reasons for the change in rent. The Notice will also advise the Tenant that he/she may meet with the Landlord to discuss the rent change.

5.	Charges for Late	If the Tenant does not pay the full amount of
	Payments and	the rent shown in paragraph 3 by the end of
	Returned Checks:	the 5th day of the month, the Landlord may
		Collect a fee of $5 on the 6th day of the
		month. Thereafter, the Landlord may collect $1
		for each additional day the rent remains
		unpaid during the month it is due.
		The Landlord may not terminate this Agreement
		for failure to pay late charges, but may
		terminate this Agreement for non-payment of rent,
		as explained in paragraph 23. The Landlord may
		(N)		___ on the second or any
		collect a fee of $__
		additional time a check is not honored for
		payment (bounces). The charges discussed in this
		paragraph are in addition to the regular monthly
		rent payable by the Tenant.
6.	Condition of	By signing this Agreement, the Tenant
	Dwelling	acknowledges that the unit is safe, clean and
	Unit	in good condition.	The Tenant agrees that all
		Appliances and equipment in the unit are in
		good working order, except as described on the
		Unit Inspection Report which is Attachment
		No. 2 to this Agreement. The Tenant also
		agrees that the Landlord has made no promises to
		decorate, alter, repair or improve the unit,
		except as listed on the Unit Inspection Report.
7.	Charges for	The following charts describe how the cost of
	Utilities and	utilities and services related to occupancy
	Services:	of the unit will be paid. The Tenant agrees

Page 2 of 15	form HUD-90105a (12/2007)
	ref. HB 4350.3 Rev. 1

OMB Approval No. 2502-0204

(Exp. 06/30/2017)

that these charts accurately describe the utilities and services paid by the Landlord and those paid by the Tenant.

a.The Tenant must pay for the utilities in column (1). Payments should be made directly to the appropriate utility company. The items in column (2) are included in the Tenant's rent.

(1)				(2)
Put "x" by any			Type of	Put "x" by any
Utility Tenant			Utility	Utility Included
pays directly				in Tenant Rent
___		___	Heat	(O) ___		____
(O)
_________			Lights, Electric	__________
_________			Cooking	__________
_________			Water	__________
			Other (Specify.
_________			____________	__________
_________			____________	__________

b.The Tenant agrees to pay the Landlord the amount shown in column (3) on the date the rent is due. The Landlord certifies that HUD had authorized him/her to collect the type of charges shown in column (3) and that the amounts shown in column (3) do not exceed the amounts authorized by HUD.

(3)

Show $ Amount Tenant

Pays to Landlord in

Addition to Rent

	(O)
Parking	$___	____
Other (Specify.)
_______________	$__________
_______________	$__________

(P)

8. Security Deposits: The Tenant has deposited $__ __ with the Landlord. The Landlord will hold this security deposit for the period the Tenant occupies the unit. After the Tenant has moved from the unit, the Landlord will determine whether the Tenant is eligible for a refund of any or all of the security deposit. The amount of the refund will be determined in accordance with the following conditions and procedures.

a.The Tenant will be eligible for a refund of the security Deposit only if the Tenant provided the Landlord with the 30- day written notice of intent to move required by paragraph 23, unless the Tenant was unable to give the notice for reasons beyond his/her control.

Page 3 of 15	form HUD-90105a (12/2007)
	ref. HB 4350.3 Rev. 1

OMB Approval No. 2502-0204

(Exp. 06/30/2017)

b. After the Tenant has moved from the unit, the Landlord will inspect the unit and complete another Unit Inspection Report. The Landlord will permit the Tenant to participate in the inspection, if the Tenant so requests.

b. The Landlord will refund to the Tenant the amount of the

security deposit plus interest computed at(Q)_				_%, beginning
(R)___ ___ ,less any amount needed to pay the			cost of:

(1)unpaid rent;

(2)damages that are not due to normal wear and tear and are not listed on the Unit Inspection Report;

(3)charges for late payment of rent and returned checks, as described in paragraph 5; and

(4)charges for unreturned keys, as described in paragraph 9.

d.The Landlord agrees to refund the amount computed in paragraph

8c within(S)_ _ days after the Tenant has permanently moved out of the unit, returned possession of the unit to the Landlord, and given his/her new address to the Landlord. The Landlord will also give the Tenant a written list of charges that were subtracted from the deposit. If the Tenant disagrees with the Landlord concerning the amounts deducted and asks to meet with the Landlord, the Landlord agrees to meet with the Tenant and informally discuss the disputed charges.

e.If the unit is rented by more than one person, the Tenants agree that they will work out the details of dividing any refund among themselves. The Landlord may pay the refund to any Tenant identified in Paragraph 1 of this Agreement.

f.The Tenant understands that the Landlord will not count the Security Deposit towards the last month's rent or towards repair charges owed by the Tenant in accordance with paragraph 11.

9. Keys and Locks:	The Tenant agrees not to install additional
	or different locks or gates on any doors or
	windows of the unit without the written
	permission of the Landlord. If the Landlord
	approves the Tenant's request to install such
	locks, the Tenant agrees to provide the
	Landlord with a key for each lock. When this
	Agreement ends, the Tenant agrees to return
	all keys to the dwelling unit to the
	Landlord. The Landlord may charge the Tenant
	$(T)___ _ for each key not returned.

MAINTENANCE:

Page 4 of 15	form HUD-90105a (12/2007)
	ref. HB 4350.3 Rev. 1

OMB Approval No. 2502-0204

(Exp. 06/30/2017)

a.The Landlord agrees to:

(1)regularly clean all common areas of the project;

(2)maintain the common areas and facilities in a safe condition;

(3)arrange for collection and removal of trash and garbage;

(4)maintain all equipment and appliances in safe and working order;

(5)make necessary repairs with reasonable promptness;

(6)maintain exterior lighting in good working order:

(7)provide extermination services, as necessary; and

(8)maintain grounds and shrubs.

b.The Tenant agrees to:

(1)keep the unit clean;

(2)use all appliances, fixtures and equipment in a safe manner and only for the purposes for which they are intended;

(3)not litter the grounds or common areas of the project;

(4)not destroy, deface, damage or remove any part of the unit, common areas, or project grounds;

(5)give the Landlord prompt notice of any defects in the plumbing, fixtures, appliances, heating and cooling equipment or any other part of the unit or related facilities; and

(6)remove garbage and other waste from the unit in a clean and safe manner.

11. Damages:	Whenever damage is caused by carelessness,
	misuse, or neglect on the part of the Tenant,
	his/her family or visitors, the Tenant
	agrees to pay:

a.the cost of all repairs and do so within 30 days after receipt of the Landlord's demand for the repair charges; and

b.rent for the period the unit is damaged whether or not the unit is habitable. The Tenant understands that HUD will not make assistance payments for any period in which the unit is not habitable. For any such period, the Tenant agrees to pay the HUD-approved market rent rather than the Tenant rent

Page 5 of 15	form HUD-90105a (12/2007)
	ref. HB 4350.3 Rev. 1