• NY Apartment Law
  • Fair & Affordable Housing
  • Commercial Lease Law
  • Guidebooks
  • Archives
  • Main Articles
  • Departments
  • eAlerts
  • Blogs
  • Log In
  • Log Out
  • My Account
  • Subscribe
  • NY Apartment Law
  • New York Apartment Law Insider
  • New York Landlord V. Tenant
  • Co-Op & Condo Case Law Digest
  • New York Rent Regulation Checklist, Fourth Edition
  • 2025 New York City Apartment Management Checklist
  • Fair & Affordable Housing
  • Fair Housing Coach
  • Assisted Housing Management Insider
  • Tax Credit Housing Management Insider
  • Fair Housing Boot Camp. Basic Training For New Hires
  • Commercial Lease Law
  • Commercial Lease Law Insider
  • Best Commercial Lease Clauses, 17/e
  • Best Commercial Lease Clauses: Tenant's Edition
  • Best Commercial Lease Clauses, 17/e
  • Best Commercial Lease Clauses, 17/e
  • Main Articles
  • Features
  • Certification
  • Compliance
  • Crime & Security
  • Dealing with Households
  • Income Calculations
  • Maintenance
  • Screening Applicants
  • Departments
  • Dos and Don'ts
  • Q and A
  • Recent Court Rulings
  • HUD Audits
  • In the News
  • Ask the Insider
  • Ask the Insider
  • Send Us A Question
May 22, 2025
We use cookies to provide you with a better experience. By continuing to browse the site you are agreeing to our use of cookies in accordance with our Cookie Policy.
The Habitat Group Logo
  • NY Apartment Law
    • New York Apartment Law Insider
    • New York Landlord V. Tenant
    • Co-Op & Condo Case Law Digest
    • New York Rent Regulation Checklist, Fourth Edition
    • 2025 New York City Apartment Management Checklist
  • Fair & Affordable Housing
    • Fair Housing Coach
    • Assisted Housing Management Insider
    • Tax Credit Housing Management Insider
    • Fair Housing Boot Camp. Basic Training For New Hires
  • Commercial Lease Law
    • Commercial Lease Law Insider
    • Best Commercial Lease Clauses, 17/e
      • Best Commercial Lease Clauses, 17/e
    • Best Commercial Lease Clauses: Tenant's Edition
  • Guidebooks
  • May 22, 2025
  • Log In
  • Log Out
  • My Account
  • Subscribe
  • May 22, 2025
AHMI Logo.webp
  • Archives
  • Main Articles
    • Features
    • Certification
    • Compliance
    • Crime & Security
    • Dealing with Households
    • Income Calculations
    • Maintenance
    • Screening Applicants
  • Departments
    • Dos and Don'ts
    • Q and A
    • Recent Court Rulings
    • HUD Audits
    • In the News
    • Ask the Insider
      • Send Us A Question
  • eAlerts
  • Blogs
Free Issue
The Habitat Group Logo
May 21, 2025
  • Log In
  • Log Out
  • My Account
Home » Owner's Execution of New Model Lease Waived Right to Pursue Eviction

Owner's Execution of New Model Lease Waived Right to Pursue Eviction

Apr 17, 2015

Facts: An owner sued to evict a resident. The complaint alleged that the resident violated the terms of the lease by engaging in a pattern of criminal and harassing behavior, and by failing to make rental payments on time. The complaint further claimed that despite receiving numerous warnings regarding his conduct, the resident refused to stop engaging in the behavior that violated the lease.

The owner and resident had executed a HUD model lease. The lease stated that it was covered by “the Section 202 Program for Housing Elderly and Handicapped Individuals in conjunction with the Section 8 Housing Assistance Payments Program.” And Paragraph 9 of the model lease provided: “Unless terminated or modified as provided herein, this Agreement shall be automatically renewed for successive terms of one month each at the aforesaid rental, subject to adjustment as herein provided.”

In this case, while the eviction case was pending, the owner and resident executed a new model lease for the same unit. This lease was effective from Oct. 1, 2013, through Sept. 30, 2014, and included an automatic renewal provision identical to that provided in the prior lease.

The owner provided affidavits of two of its property managers who stated they never intended to waive their eviction claim when they executed the new lease with the resident. The resident asked the trial court to dismiss the eviction complaint, arguing that the execution of the new model lease waived the owner’s eviction claim against him. The trial court agreed, and the owner appealed.

Ruling: An Ohio appeals court upheld the lower court’s ruling.

Reasoning: The owner argued that the execution of the new lease while the eviction case was pending didn’t constitute a waiver of the owner’s eviction claim, because HUD regulations mandated execution of the new lease between the owner and the resident.

The court didn’t find any legal authority to support the owner’s claim that the execution of the new model lease in 2013 was mandated for recertification purposes or otherwise. The owner had the option of creating an unsubsidized month-to-month holdover tenancy while the eviction case was pending in order to preserve his right to terminate the tenancy.

Moreover, even if the execution of a new lease was necessary, the owner could have included a reservation of rights as an addendum similar to the pet addendum attached to the resident’s lease. A reservation of rights expressly preserving the owner’s alleged right to restitution of the resident’s unit would have been consistent with its eviction action.

The court stated that although the owner asserted that HUD regulations bar owners from making changes to the model lease, a reservation of rights under these circumstances wouldn’t modify the terms of the lease; it would merely preserve the owner’s eviction claim. Nevertheless, instead of preserving its eviction claim, the court ruled that the owner took action that was inconsistent with the termination of the resident’s tenancy. Therefore, the owner’s act of executing a new model lease with the resident waived its right to pursue an eviction.

  • Millenia Housing Management vs. Williams, March 2015
Recent Court Rulings
    • Related Articles

      Owner’s Lease Renewal Prevents Nonpayment of Rent Eviction

      Owner Waives Right to Evict Disruptive Resident by Recertifying Her Lease

      Owner Must File Eviction Case on New Grounds

    • Publications
      • Assisted Housing Management Insider
      • Commercial Lease Law Insider
      • Co-op & Condo Case Law Tracker Digest
      • Fair Housing Coach
      • New York Apartment Law Insider
      • New York Landlord v. Tenant
      • Tax Credit Housing Management Insider
    • Additional Links
      • Contact Us
      • Advertise
      • Group Subscriptions
      • Privacy Policy
    • Boards of Advisors
      • Assisted Housing Management Insider
      • Commercial Lease Law Insider
      • Fair Housing Coach
      • New York Apartment Law Insider
      • Tax Credit Housing Management Insider
    ©2025. All Rights Reserved. Content: The Habitat Group. CMS, Hosting & Web Development: ePublishing
    The Habitat Group Logo
    • NY Apartment Law
      • New York Apartment Law Insider
      • New York Landlord V. Tenant
      • Co-Op & Condo Case Law Digest
      • New York Rent Regulation Checklist, Fourth Edition
      • 2025 New York City Apartment Management Checklist
    • Fair & Affordable Housing
      • Fair Housing Coach
      • Assisted Housing Management Insider
      • Tax Credit Housing Management Insider
      • Fair Housing Boot Camp. Basic Training For New Hires
    • Commercial Lease Law
      • Commercial Lease Law Insider
      • Best Commercial Lease Clauses, 17/e
        • Best Commercial Lease Clauses, 17/e
      • Best Commercial Lease Clauses: Tenant's Edition
    • Guidebooks
    • May 22, 2025
    • Log In
    • Log Out
    • My Account
    • Subscribe
    • May 22, 2025
    AHMI Logo.webp
    • Archives
    • Main Articles
      • Features
      • Certification
      • Compliance
      • Crime & Security
      • Dealing with Households
      • Income Calculations
      • Maintenance
      • Screening Applicants
    • Departments
      • Dos and Don'ts
      • Q and A
      • Recent Court Rulings
      • HUD Audits
      • In the News
      • Ask the Insider
        • Send Us A Question
    • eAlerts
    • Blogs
    Free Issue
    The Habitat Group Logo
    May 21, 2025
    • Log In
    • Log Out
    • My Account