2.2.1 Attachment 5 - DR-4832-TN Direct Lease Occupant Lease Agreement.docx

DOCX document 45 KB Posted

Attached to
DR4832TN Direct Lease BPA Federal contract opportunity
Solicitation number
70FBR425Q00000044
Issued by
Federal Emergency Management Agency

About this file

This is a Direct Lease Occupant Lease Agreement template for FEMA disaster assistance program DR-4832-TN, which establishes the terms and conditions between property owners/managers and eligible FEMA applicants receiving temporary housing assistance due to Tropical Storm Helene. The agreement outlines the relationship between FEMA, property owners, and occupants, where FEMA pays for security deposits and monthly rent directly to landlords on behalf of approved disaster survivors.

The agreement specifies key terms including: prohibition of subletting, occupant responsibility for damages beyond normal wear and tear, utility payment arrangements, maintenance responsibilities, and conditions for lease termination. Notable requirements include landlords waiving credit checks for occupants, maintaining strict privacy protections for occupant personal information, and following non-discrimination policies. The agreement is part of FEMA's broader Direct Lease BPA solicitation (70FBR425Q00000044), which is being issued as a small business set-aside under NAICS 531110 with a $34M size standard to provide furnished, turnkey temporary housing properties for disaster survivors.

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Other files for this federal contract opportunity

Other files attached to DR4832TN Direct Lease BPA, newest first.
File Type Posted
2.4.1 70FBR425Q00000044 Amendment 0002.pdf PDF
Direct Lease RFQ Questions and Responses 4832-TN Final .pdf PDF
2.4.1 70FBR425Q00000044 Amendment 0001.pdf PDF
2.2.1 Attachment 1 - DR-4832-TN Direct Lease Property Tracking Sheet.xlsx XLSX spreadsheet
1.1.4 Direct Lease BPA Statement of Work.pdf PDF
2.2.4 Attachment 2 - DR-4832-TN Direct Lease Rental Resource FMR.xlsx XLSX spreadsheet
2.2.4 Attachment 9 - Pricing Template Amendment 0001.xlsx XLSX spreadsheet
2.2.1 Request for Quote 70FBR425Q00000044 Direct Lease Final.pdf PDF
2.2.1 Attachment 1 - DR-4832-TN Direct Lease Property Tracking Sheet.xlsx XLSX spreadsheet
2.2.1 Attachment 4 - DR-4832-TN Direct Lease Contract Terms and Conditions.pdf PDF
2.2.1 Attachment 2 - DR-4832-TN Direct Lease Rental Resource FMR.xlsx XLSX spreadsheet
2.2.1 Attachment 8 - DR-4832-TN End of Program Notice to Property Owner or Manager.docx DOCX document
2.2.1 Attachment 3 - DR-4832-TN Direct Lease Property Inspection Checklist.pdf PDF
2.2.1 Attachment 10 - RFQ Provision Fill-ins.docx DOCX document
2.2.1 Attachment 9 - Pricing Template.xlsx XLSX spreadsheet
2.2.1 Attachment 6 - DR-4832-TN Direct Lease - Lease Addendum Final.docx DOCX document
2.2.1 Attachment 7 - DR-4832-TN Temporary Housing Agreement.pdf PDF
Show all 17

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Direct Lease Occupant Lease Agreement

DISASTER-4832-TN

The Federal Emergency Management Agency (hereinafter “FEMA”) has entered into a contract with [INSERT OWNER/OWNER’S AGENT/PROPERTY MANAGER] (hereinafter “Owner”) to provide temporary housing assistance to displaced eligible FEMA Applicants authorized under Sections 408(c)(1)(B)(i) and 502(a)(6) of the Robert T. Stafford Disaster Assistance and Emergency Relief Act (hereinafter “Direct Lease Contract”). FEMA is providing the unit as a discretionary benefit under 42 U.S.C. § 5174 and 44 C.F.R. §§ 206.110-118. FEMA and Owner agree to add this Occupant Lease Agreement (hereinafter “Lease”) to the Direct Lease Contract between FEMA and Owner.

Condition of Occupancy: The eligible FEMA Applicant [INSERT FEMA APPLICANT’S NAME] (hereinafter “Occupant”) is required to execute this Lease with the Owner (or Owner’s Agent/Property Manager, hereinafter “Landlord”) as a condition of occupancy.

Unit and Occupant Information:

Address and Unit Number: [INSERT ADDRESS OF PROPERTY & UNIT NUMBER]

Company Name/Company Representative: [INSERT NAME OF OWNER/PROPERTY MANAGER/LEASING AGENT]

Occupant Name: [INSERT NAME OF OCCUPANT]

Lease Terms and Conditions:

Landlord and Occupant agree to the following Lease terms and conditions.

1. Conflict with Other Provisions of the Lease. In case of any conflict between the provisions of this Lease and the terms of any other agreement between Landlord and Occupant, the provisions of this Lease will prevail.

2. Term of the Lease. The term will begin on ________ and will continue until: (1) Lease is terminated by Landlord in accordance with applicable state and local Landlord-Tenant laws; (2) Lease is terminated by the Occupant in accordance with Lease or by mutual agreement during the term of Lease; (3) a determination by FEMA that Occupant is no longer eligible for Direct Lease assistance; or (4) Direct Lease period of assistance ends.

3. Household Members. Household members authorized to live in the unit must be referred and approved by FEMA. Landlord and Occupant agree not to permit other persons to live in the unit without notifying and receiving approval from FEMA first.

4. Sublease of Unit. Occupant must not sublease the unit to any party during the term of occupancy.

5. Use of Unit. The unit is leased for Occupant’s and authorized household member’s use only. Short-term (7 day or less) overnight guests are permitted.

6. Security Deposit and Rent. Occupant is a third-party beneficiary to a contract between FEMA and Landlord whereby FEMA is responsible for the security deposit and monthly fees to Landlord as payment for housing Occupant for the period of time specified in the Direct Lease Contract between FEMA and Owner.

Direct Lease Occupant Lease Agreement

DISASTER-4832-TN

7. Pet Deposits. Occupant is responsible for paying any pet security deposit to Landlord. Occupant must abide by any pet policy required by Landlord.

8. Damage. Occupant is responsible for damage to the unit beyond normal wear and tear.

9. Default: If Occupant fails to pay for any charge referenced herein as required, and such nonpayment is not corrected within 3 days of receipt of notice concerning the nonpayment, then Landlord may terminate this Lease and Occupant will be evicted in accordance with State and local law.

10. Credit check. Landlord agrees not to consider Occupant’s credit history when screening Occupant for suitability for tenancy.

11. Property Rules and Regulations. Occupant agrees to comply with all property rules and regulations.

12. Utilities and Appliances. FEMA will pay utilities for Occupant if the utilities are normally included in Landlord’s monthly rental charge. Otherwise, the utilities are the responsibility of Occupant as specified by Landlord.

13. Cleaning. Occupant agrees to keep the unit and surrounding premises in a clean and sanitary condition.

14. Outdoor Cooking. The use of any equipment for cooking, grilling, or barbecuing food on the balcony or patio is strictly prohibited.

15. Maintenance and Other Services.

a.Landlord will:
i. Maintain the unit and premises in accordance with the State and local standards.

ii. Be responsible for custodial services, waste removal, snow removal, recycling and security of the premises.

iii. Be responsible for property management, maintenance, and addressing all Landlord-Occupant issues.
d.Occupant must not make any alterations, improvements, or additions to the premises.
e.Occupant will direct any maintenance issues regarding the unit directly to Landlord or Landlord’s agent as specified by the Landlord.

16. Occupant Personal Property. During the term of the Lease the Occupant is responsible for insuring their personal property from loss. All personal property on the Leased Premises will be kept at the risk of the Occupant only, and the Landlord will not be liable in any manner for any loss, injury or damages incurred by the Occupant from acts of theft, burglary or vandalism committed by either identified or unidentified parties.

17. Abandonment. Upon a mutual determination by FEMA and the Landlord that the unit is abandoned, Landlord is then expressly authorized to enter, remove and store all personal property belonging to Occupant. If Occupant does not claim personal property within an additional thirty (30) days of notification, Landlord may dispose of personal property in accordance with State and local law.

Direct Lease Occupant Lease Agreement

DISASTER-4832-TN

18. Landlord and FEMA Access to Property.

a.Landlord may enter the unit to examine and inspect the unit upon 24-hour notice to Occupant. No notice is required in an emergency as determined by Landlord, subject to applicable State and local law.
b.FEMA reserves the right to verify the unit is occupied by an Occupant referred and approved by FEMA and to make periodic eligibility visits to Occupant. Landlord will ensure FEMA access to Occupant’s unit within reasonable hours and upon 24-hour notice.

19. Landlord Termination of Tenancy and Eviction.

a. Landlord may terminate the Occupant’s tenancy during the term of the Lease or any extension of the Lease for the following reasons only:

i. FEMA terminates Occupant’s Direct Lease Assistance based on FEMA’s determination of ineligibility, violation of the Temporary Housing Agreement for Direct Lease, this Lease or property rules and regulations, or the end of the program period of assistance.

ii. Occupant or any member of the household, a guest, associate or other person under Occupant’s control, provocation, or influence commits or engages in any of the following types of activity:

1. Any criminal activity that threatens the health or safety of, or the right to peaceful enjoyment of the premises by other residents (including property management, maintenance, contractor or other staff residing or working on the premises);

2. Any criminal activity that threatens the health or safety of, or the right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises.

3. Any violent criminal activity on or near the premises.

4. Any drug-related criminal activity on or near the premises.

5. Serious or repeated violations of the Lease.

6. Violation of Federal, State or local law; or

7. Other good cause, including disturbance of neighbors, or destruction of property.

b.Landlord agrees to pursue eviction based on written notice of FEMA’s determination of ineligibility or end of the period of assistance.
c.Landlord agrees to provide Occupant with any eviction notices in accordance with State and local law.

20. Nondiscrimination. Landlord must not discriminate against Occupant or eligible household members in the provision of services, or in any other manner, on the grounds of age, race, color, religion, sex, nationality, age, for disability.

Direct Lease Occupant Lease Agreement

DISASTER-4832-TN

21. Privacy. Landlord has a duty to protect Occupant’s personally identifiable information (PII) and must not disclose the PII, except as authorized by FEMA. PII includes the following IA PII: name, phone, email address, household size, and any special accommodations. Landlord must not further disclose IA PII sent from FEMA to unauthorized entities without the written consent from Occupants(s) to whom the PII pertains or without permission from FEMA. 5 U.S.C. §552a(e)(10). Landlord must only use the IA PII for purposes of providing rental housing to individuals and households pursuant to the Direct Lease Contract between FEMA and Owner. Landlord understands that failing to comply with this section may subject Landlord to criminal penalties. Id. at 552a(i).

22. Liability. Occupant must assume all liability for any injury, death or damages that may arise from any accident caused by Occupant or the members of his or her family, guests, agents’ employees of the occupant (or) from accidents occurring on, in or about the leased premises in any area under control of the property.

Additional Provisions Required by State or Local Law:

23. Additional Provisions. [INSERT ADDITIONAL PROVISIONS REQUIRED BY STATE/LOCAL LAW SUCH AS RADON, LEAD PAINT OR ASBESTOS DISCLOSURES]

Occupant Signature and Date

Property Owner or Agent Signature and Date image1.jpeg

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