Resident Rental Agreements: Things Not to Include
Some things cannot be included in a resident rental agreement.
Legal Rights Waiver
An organization cannot require residents to waive their legal rights. It is not possible for residents to waive their landlord/tenant, fair housing or any other legal rights. Therefore, such waivers are not permitted in a resident rental agreement.
–
Requiring Specific Treatment Providers
An organization cannot require residents to receive treatment or services from specific providers. Recovery homes must allow for free choice of provider.
According to the National Alliance of Recovery Residences (NARR), allowing residents to maintain this choice is a central tenant in the social model of recovery and the ethical practices of recovery housing operators.
Learn more about the NARR Standard.
–
Specific Move-Out Time Table
An organization cannot require that residents move out after a specific amount of time. Yes, a lease must have a term, but that term is renewable. Eliminating the possibility that a lease may be renewed eliminates the resident-driven length of stay required in a recovery home.
–
Mandatory Volunteering for the Organization
An organization cannot require that residents volunteer for the organization. Yes, an organization can require that residents who are not working must engage in service work, and an organization may make it easy for them by allowing them to volunteer for an associated organization. However, if a resident wants to engage in service work in a different location, they must be allowed to do so. Also residents must not be required to fundraise for the organization. This means no mandatory participation in candy bar sales, car washes or other activities. Also, a required donation is a fee, not a donation. Be clear that resident fees are fees and not donations.
–
Mandatory Work for the Organization
An organization cannot require that residents work for the organization. An organization may require that residents seek and find employment, but forcing the resident to be employed by the organization or by any specific employer is not permitted.