My chargeback clause lost to the tenancy addendum, and the claim died with it
I do documents before I do properties, so when a family member asked me to paper the lease on a voucher tenancy for a small single family he owns, I treated it as a drafting exercise and got it wrong in a way I want to write down.
My lease had two clauses I was proud of. One let the owner bill tenant-caused damage back as additional rent, collectible through the same process as rent. The other allowed termination on 30 days' notice for repeated lease violations short of nonpayment.
Both got flagged. The authority's tenancy addendum attaches to the lease and where the lease conflicts with it, the addendum governs. My additional-rent language collided with how the addendum treats what counts as rent to owner, and the termination clause collided with the grounds the program allows during the lease term. We struck both, resubmitted, and the HAP start slipped about five weeks. On an 1,180 rent with the authority's share at 840, that slip cost roughly 1,050 of assistance payments the owner never got, because payments run from the effective date, not from when the tenant's stuff arrived.
Then at move-out, 2,800 of damage against a deposit capped at one month under our state's law. I had assumed there'd be some program mechanism to claim the balance. Our authority has nothing of the kind. Whatever damage recovery exists is between the owner and the former tenant under state law, and pursuing it is a separate fight with separate economics.
What I'd do differently: read the tenancy addendum first and draft the lease around it rather than the reverse, and check with the authority in writing before assuming any damage or vacancy claim mechanism exists. Anyone actually drafting this should have a licensed attorney in their state look at it, which I now understand better than I did.