The tenant and the owner must enter into a written lease for the unit. The lease must be executed by the owner and the tenant and the owner must use the same lease format for HCV tenants as is used for unassisted tenants. The lease must comply with all state and local laws. The lease must also include the tenancy addendum, word-for-word, as required by HUD and the PHA. This is supplied to the landlord by the PHA. If there are any differences between the tenancy addendum and the lease, the terms of the lease will default to the criteria set in the tenancy addendum.
The lease must specify all of the following:
If the PHA determines that it cannot approve the lease as written, the owner will be notified of the specific corrections required and be given a timeframe for corrections to be made and submitted for approval.
Never sign the lease until you receive the approval from the PHA for the unit. If you do, you risk being held responsible for 100% of the rent due from the date that you signed.
Remember that the lease is a legally binding contract. It is for the protection of both the tenant and the landlord. You will want to read it carefully and be sure that you understand your responsibilities and agree to the terms. If there is anything you don’t understand, be sure to get clarification prior to signing. You will want to be sure to have a copy for your records, and refer back to it for any questions or concerns that you may have. If at any time a dispute should arise, you will need to be familiar with the terms of your lease agreement so that you can take the appropriate action. The PHA does not have any jurisdiction in tenant and landlord disputes.