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109.04.6-XI. The Lease.

AR ADC 109.04.6-XIArkansas Administrative Code

West's Arkansas Administrative Code
Title 109. Development Finance Authority
Division 04. Multi-Family Housing
Rule 6. Compliance Monitoring Policies and Procedures Manual for the Home Program
Ark. Admin. Code 109.04.6-XI
109.04.6-XI. The Lease.
A standard lease may be used as long as it complies with HOME and Fair Housing regulations. Initial lease terms must be at least one year. ADFA recommends one-year terms for subsequent leases. The lease must address such issues as causes for termination or non-renewal; the consequences of violation of the lease, rent amount, rent increases, and utilities. Leases must not contain any of the following prohibited provisions:
* Agreement to be sued. Agreement by the tenant to be sued, admit guilt, or consent to a judgment in favor of the owner in a lawsuit brought in connection with the lease.
* Agreement regarding treatment of property. Agreement by the tenant that the owner may take, hold, or sell personal property of household members without notice to the tenant and a court decision on the rights of the parties. This prohibition does not apply to an agreement by the tenant concerning disposition of personal property remaining in the unit after the tenant has moved out. The owner may dispose of personal property in accordance with state law.
* Agreement excusing the owner from responsibility. Agreement by the tenant not to hold the owner or the owner's agents legally responsible for actions or failure to act, whether intentional or negligent.
* Waiver of notice. Agreement by the tenant that the owner may institute a lawsuit without notice to the tenant.
* Waiver of legal proceedings. Agreement by the tenant that the owner may evict the tenant or household members without instituting a civil court proceeding in which the tenant has the opportunity to present a defense or before court decision on the rights of the parties.
* Waiver of a jury trial. Agreement by the tenant to waive any right to a jury trial.
* Waiver of right to appeal a court decision. Agreement by the tenant to waive the tenant's right to appeal or otherwise challenge in court a decision in connection with the lease.
* Agreement to pay legal costs, regardless of outcome. Agreement by the tenant to pay attorney fees or other legal costs even if the tenant wins the court proceeding by the owner against the tenant. The tenant, however, may be obligated to pay costs if the tenant loses.
Current with amendments received through December 15, 2023. Some sections may be more current, see credit for details.
Ark. Admin. Code 109.04.6-XI, AR ADC 109.04.6-XI
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