The Notice of Termination. 1. The Notice of Termination to Resident shall state specific reasons for the termination, shall inform Resident of his/her right to make such reply as he/she may wish, and of Resident's right to examine LCHA documents directly relevant to the termination or eviction. It shall also state that the resident must make arrangements with the manager if s/he would like to retrieve personal belongings after vacating the unit. 2. When the LCHA is required to offer Resident the opportunity for a grievance hearing, the notice shall also inform Resident of the right to request such a hearing in accordance with the LCHA's grievance procedures. 3. Any Notice to Quit required by State or local law may be combined with, or run concurrently with the Notice of Lease Termination under this section. The Notice to Quit must be in writing, and specify that if Resident fails to quit the premises within the applicable statutory period, appropriate action will be brought and Resident may be required to pay the costs of court and attorney's fees. 4. When the LCHA is required to offer the Resident an opportunity for a grievance hearing concerning the Lease termination, the tenancy shall not terminate (even if any Notice to Quit under State or local law has expired) until the period to request a hearing has expired; or (if a hearing is requested) the grievance process has been completed. 5. When the LCHA is not required to offer Resident the opportunity for a hearing under the grievance procedure, the Notice of Lease Termination shall: a. state that Resident is not entitled to a grievance hearing on the termination; b. specify the judicial eviction procedure to be used by the LCHA for eviction and state that HUD has determined that this eviction procedure provides the opportunity for a hearing in a court that contains the basic elements of due process as defined in HUD regulations; and c. state whether the eviction is for a criminal activity that threatens health or safety of Residents or staff or for drug-related criminal activity. 6. LCHA may evict the Resident from the unit only by bringing a court action.
Appears in 1 contract
Sources: Residential Lease Agreement
The Notice of Termination. 1a. Resident may terminate this Lease at any time by giving thirty (30) calendar days written notice as described in Section VIII, above. Property Managers will conduct a pre-vacate inspection to determine what, if any, damages may exist. Unit keys must be returned to the Property Office in order to properly vacate a unit.
b. Any notice to vacate (or quit) that is required by State or local law will run concurrently with the notice of Lease termination under this section. [966.4 (l)(3)(iii)] The Notice to Vacate must be in writing, and specify that if Resident fails to quit the premises within the applicable statutory period, appropriate action will be brought against Resident, and if PHA prevails in court, Resident may be required to pay the costs of Termination court and attorney’s fees.
c. PHA notice of termination to Resident shall state specific reasons for the termination, shall inform Resident of his/her the right to make such reply as he/she the Resident may wish, and of Resident's ’s right to examine LCHA and copy PHA documents directly relevant to the termination or eviction. It shall also state that the resident must make arrangements with the manager if s/he would like to retrieve personal belongings after vacating the unit.[966.4 (l)(3)(ii)]
2. d. When the LCHA PHA is required to offer Resident the opportunity for a grievance hearing, the notice shall also inform Resident of the right to request such a hearing in accordance with the LCHA's PHA’s grievance procedures.. [966.4 (l)(3)(ii)]
3. Any Notice to Quit required by State or local law may be combined with, or run concurrently with the Notice of Lease Termination under this section. The Notice to Quit must be in writing, and specify that if Resident fails to quit the premises within the applicable statutory period, appropriate action will be brought and Resident may be required to pay the costs of court and attorney's fees.
4. e. When the LCHA PHA is required to offer Resident the Resident an opportunity for a grievance hearing concerning the Lease terminationtermination under PHA’s grievance procedure, the tenancy Lease shall not terminate (even if any Notice to Quit Vacate under State or local law has expired) until the period to request a hearing has expired; , or (if a hearing is requested) the grievance process has been completed.. [966.4 (l)(3)(iv)]
5. f. When the LCHA PHA is not required to offer the Resident the opportunity for a hearing under the grievance procedure and PHA has decided to exclude such grievance for PHA grievance procedure, the Notice notice of Lease Termination shall:
a. termination shall (a) state that Resident is not entitled to a grievance hearing on the termination;
b. ; (b) specify the judicial eviction procedure to be used by the LCHA PHA for eviction and state that HUD has determined that this eviction procedure provides the opportunity for a hearing in a court that contains the basic elements of due process as defined in HUD regulations; and
c. state whether the eviction is for a criminal activity that threatens health or safety of Residents or staff or for drug-related criminal activity.
6. LCHA may evict the Resident from the unit only by bringing a court action.
Appears in 1 contract
Sources: Public Housing Lease Agreement