Attachment 5 - Direct Lease Occupant Lease Agreement Template.pdf

[Property Management Company Name]

Direct Lease Occupant Lease Agreement

DR-4558-CA

The Federal Emergency Management Agency (hereinafter “FEMA”) has entered into a contract with XXX Company (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 (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:

Company Name/Company Representative:

Occupant Name:

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.

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

Occupant Lease Agreement

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.

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.

Occupant Lease Agreement

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.

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

Occupant Lease Agreement 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:

Occupant Signature and Date

Property Owner or Agent Signature and Date

Address and Unit Number: