Rules & Regulations of the State of Tennessee
Title 0770 - Housing Development
Chapter 0770-03-02 - Development and Operation
Section 0770-03-02-.10 - TERMINATION OF TENANCY
Universal Citation: TN Comp Rules and Regs 0770-03-02-.10
Current through December 26, 2024
(1) Applicability.
(a) The provisions of this section apply to
all decisions by an Owner to terminate the tenancy of a Family residing in a
unit under Contract during or at the end of the Family's lease term.
(2) Entitlement of Families to Occupancy.
(a) General. The Owner may not
terminate any tenancy except upon the following grounds:
1. Material noncompliance with the
lease;
2. Material failure to carry
out obligations under any State landlord and tenant act, or
3. Other good cause, which may include the
refusal of a Family to accept an approved modified lease form (see Rule
0770-3-2-.10(4)). No termination by an Owner will be valid to the extent it is
based upon a lease or a provision of State law permitting termination of a
tenancy solely because of expiration of an initial or subsequent renewal term.
All terminations must also be in accordance with the provisions of any State
and local landlord tenant law and Rule 0770-3-2-.10(3).
(b) Notice of Good Cause. The conduct of a
tenant cannot be deemed "other good cause" under Rule 07703-2-.10(2)(a) 3
unless the Owner has given the Family prior notice that the grounds constitute
a basis for termination of tenancy. The notice must be served on the Family in
the same manner as that provided for termination notices under State and local
laws.
(c) Material Noncompliance.
The term material noncompliance with the lease includes:
1. one or more substantial violations of the
lease; or
2. repeated minor
violations of the lease which disrupt the livability of the building, adversely
affect the health or safety of any person or the right of any tenant to the
quiet enjoyment of the leased premises and related facilities, interfere with
the management of the building or have an adverse financial effect on the
building. Nonpayment of rent or any other financial obligation due under the
lease (including any portion thereof) beyond any grace period permitted under
State law will constitute a material noncompliance with the lease. The payment
of rent or any other financial obligation due under the lease after the due
date but within the grace period permitted under State law will constitute a
minor violation.
(3) Termination Notice.
(a) The Owner must give the Family a written
notice of any proposed termination of tenancy, stating the grounds and that the
tenancy is terminated on a specified date and advising the Family that it has
an opportunity to respond to the Owner.
(b) When a termination notice is issued for
other good cause, the notice will be effective, and it will so state, at the
end of a term and in accordance with the termination provisions of the lease,
but in no case earlier than 30 days after receipt by the Family of the notice.
Where the termination notice is based on material noncompliance with the lease
or material failure to carry out obligations under the Tennessee Tenant Act
pursuant to Rule 0770-3-2-.10(2) (a) 1 or 2, the time of service must be in
accord with the lease and State law.
(c) In any judicial action instituted to
evict the Family, the Owner may not rely on any grounds which are different
from the reasons set forth in the notice. A copy of the notice must be
furnished simultaneously to the Agency and the Agency will determine that the
proposed termination is being performed in accordance with the procedures
required in this section.
(4) Modification of Lease Form.
(a) The Owner may, with the prior approval of
the Agency, modify the terms and conditions of the lease form effective at the
end of the initial term or a successive term, by serving an appropriate notice
on the Family, together with the offer of a revised lease or an addendum
revising the existing lease. This notice and offer must be received by the
Family at least 30 days prior to the last date on which the Family has the
right to terminate the tenancy without being bound by the modified terms and
conditions. The Family may accept the modified terms and conditions by
executing the offered revised lease or addendum, or may reject the modified
terms and conditions by giving the Owner written notice in accordance with the
lease that he/she intends to terminate the tenancy. Any increase in rent must
in all cases be governed by 24 C.F.R. 882.41 and other applicable HUD
regulations.
(5) Continued Assistance.
(a) Should the Family
be evicted in accordance with this Section, the Agency will have no obligation
to continue assistance to the Family under the Moderate Rehabilitation
Program.
Authority: T.C.A. § 13-23-115(18).
Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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