Conditions of Occupancy for Military Family Housing
The residents will use the premises solely as a singe-family residence for themselves and their family member. Use of the unit for any other purpose, including the shelter of any additional number of persons, except temporary guests, is prohibited without prior written consent of the housing representative.
Except as otherwise provided herein, the housing authority will maintain the property in good repair and habitable condition and will be responsible for all repairs not due to the abuse or negligence of the resident, their family members or guests during occupancy. Repairs or replacement of equipment provided due to normal wear and tear will also be at the expense of the housing authority.
Condition of Property
The housing authority and the resident will inspect the property, and both parties shall agree that the property is in a fit and habitable condition, except for those damages or malfunctions itemized in writing on the pre-move-in inspection report. Copies of this report will be retained by the housing authority and resident. Any additional items noted by the resident must be submitted in writing and received by the housing authority within 14 days of occupancy. If additional items are not received by the housing authority within the 14-day period, the housing authority will consider the property to be in acceptable condition and suitable for occupancy.
The resident is liable to the United States for damage to assigned housing and related equipment or furnishings, due to the resident’s abuse or neglect. Liability for such damage is limited to one month’s base pay, unless the damage was the result of the resident’s gross negligence or willful misconduct. For example, a Soldier is grossly negligent if he is aware of specific risks posed by the reckless, wanton, or deliberate conduct of family members, or guests, and fails to exercise available opportunities to prevent the damage. In the absence of evidence to the contrary, Soldiers will be presumed to be on notice of risks attending the activities of those whom the Soldier allows upon the premises.
Private liability insurance is an option of the resident and should be considered as a safeguard against the potentially substantial liability described above.
Army housing and related equipment, and furnishings which are damaged by pets allowed on the premises by the resident will be repaired or replaced at the resident’s expense. If pets are allowed on the premises, carpets will be cleaned at the termination of occupancy at the resident’s expense.
Plumbing and Appliances
The resident must keep the premises, including all plumbing fixtures, facilities, and appliances, as clean and safe as condition permits and will attempt to unclog and keep clear all waste pipes, drains and water closets where possible. At the termination of occupancy, all appliances and equipment must be in good working order and the premises must be in good clean condition, normal wear and tear excepted.
Use and Repair of Facilities
The residents will use all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other fixtures, facilities and appliances in or on the premises in a reasonable manner. Any damage caused by either the residents, their family members, or guests beyond normal wear and tear will be repaired at the resident’s expense.
If the resident willfully or negligently destroys, defaces, damages, impairs, or removes any part of the premises (including fixtures, facilities, and appliances) or willfully or negligently permits any person to do so, replacement or repair will be at the resident’s expense.
The residents will at their own expense:
- Keep up and preserve in good condition any lawn, vines, shrubbery, and gardens and keep all fences in good repair, normal wear ant tear excepted.
- Remove leaves, sticks, and other debris that accumulates on the property.
- Promptly remove ice and snow as necessary or required.
- Furnish their own light bulbs.
- Replace or repair all broken or damaged glass, screens, flooring, wood plaster, drywall, and locks occurring during their occupancy, normal wear and tear excepted.
Any repairs or replacements of property, equipment, or appliances required due to the abuse or negligence by acts of commission or omission of the residents, their family member, or guests, will be paid for by the resident. The consent of the housing manager must be obtained before the resident places any exceptionally heavy articles such as water beds, in the unit which may damage the unit’s structural integrity.
Notice of Defects or Malfunction
The resident must promptly notify the housing office whenever the structure or the equipment or any fixture contained therein becomes defective, broken, damaged, or malfunctions in any way. If no such notice is given, the resident will be held liable for any resultant damage.
Residents will conduct themselves in a manner that will not disturb their neighbors.
Health and Safety
The resident will comply with all health and safety regulations imposed by the local command.
The resident will not install or use any equipment that will overload any gas, water, heating, electrical, sewerage, drainage, or air conditioning systems of the assigned premises.
It is the responsibility of the resident to check smoke detectors periodically during occupancy and replace batteries, if appropriate, to keep the smoke detector in proper working condition. Any other malfunctions detected must be reported to the housing office.
Redecorating and Alterations
The resident will obtain written consent from the housing authority before redecorating or making any alterations, additions, or improvements. Such alterations will, at the option of the housing authority, remain with the property or be removed by the resident. When removing such alterations the premises must be returned to its original condition at the expense of the resident.
Periods of Absence
The resident must notify the housing office whenever extended absences from the housing unit is anticipated.
Access to Property by the Housing Managers and Their Duly Designated Representatives
Upon reasonable notice to the resident and at reasonable times, the Installation Commander or a duly designated representative may enter the premises in order to:
- Inspect the property.
- Make necessary repairs, alterations, or improvements.
- Supply necessary or agreed upon services.
If the residents are not at home when the premises are to be entered, the housing representative will have (in decreasing order of preference) a representative from the resident’s command or unit, a security officer, or a disinterested third party accompany him or her when entering the housing unit.
Neglect and Cost
If at any time the housing authority is required to make repairs to the property or its equipment for damages caused by the abuse or negligence of the resident or the resident’s family members, or guest, the resident understands that the repairs will be made at the resident’s expense. Residents are liable to pay the total expense for any loss or damage to assigned housing or related equipment or furnishings which is due to their gross negligence or willful misconduct. As appropriate, the housing residents will be afforded the right to complete the necessary repairs either by outside contractor on their own; however, work must meet government inspection.