Residential Lease 1114 ts47960

PARTIES: 1.
The parties to this lease are:

the owner of the Property, Landlord,:
; and
Tenant(s):
.
2. PROPERTY:
Address:
County, Texas, together with the following non-real-property in
.
Landlord leases to Tenant the following real property:
legally described as:
items:
The real property and the non-real-property are collectively called the "Property".
3. TERM:
Primary Term: The primary term of this lease begins and ends as follows: A.
Commencement Date: Expiration Date:
B. Delay of Occupancy: Tenant must occupy the Property within 5 days after the Commencement Date. If Tenant is
unable to occupy the Property by the 5th day after the Commencement Date because of construction on the
Property or a prior tenant's holding over of the Property, Tenant may terminate this lease by giving written notice to
Landlord before the Property becomes available to be occupied by Tenant, and Landlord will refund to Tenant the
security deposit and any rent paid. Landlord will abate rent on a daily basis for a delay caused by construction or a
prior tenant's holding over. This paragraph does not apply to any delay in occupancy caused by cleaning, repairs,
or make-ready items.
4.
A. This lease automatically renews on a month-to-month basis unless Landlord or Tenant provides the other party
written notice of termination not less than: (Check only one box.)
(1) 30 days before the Expiration Date.
(2) days before the Expiration Date.
(TAR-2001) 1-1-14 & Landlord or Landlords Representative: Tenants: , Page 1 of 16 , , ,
TEXAS ASSOCIATION OF REALTORS
RESIDENTIAL LEASE
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS IS NOT AUTHORIZED.
Texas Association of REALTORS, Inc. 2014
Phone: Fax:
Produced with zipForm by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
.
AUTOMATIC RENEWAL AND NOTICE OF TERMINATION: This lease automatically renews on a month-to-month
basis unless Landlord or Tenant provides the other party written notice of termination as provided in Paragraph 4A.
Oral notice of termination is not sufficient under any circumstances. Time is of the essence for providing notice of
termination (strict compliance with dates by which notice must be provided is required). The date on which rent is due
does not apply to the requirement for providing written notice of termination. If a box is not checked under Paragraph
4A, Paragraph 4A(1) will apply. If a box is not checked under Paragraph 4B, Paragraph 4B(1) will apply.
Tarrant
12 month term
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J ohn Hrisco & Associates RE/MAX Heritage, 4200 Heritage Trace Pkwy, Ste. 100 Ft. Worth, TX 76244
817.328.1400 817.288.0902 J ohn Hrisco & Associates Residential Lease
for each full month
D. Method of Payment:
(1) Tenant must pay all rent timely and without demand, deduction, or offset, except as permitted by law or this
lease.
Residential Lease concerning:
5. RENT:
A. Monthly Rent: Tenant will pay Landlord monthly rent in the amount of $
during this lease. The first full month's rent is due and payable not later than
Thereafter, Tenant will pay the monthly rent so that Landlord receives the monthly rent on or before:
C. Place of Payment: Unless this lease provides otherwise, Tenant will remit all amounts due to Landlord under this
lease to the following person or entity at the place stated and make all payments payable to the named person or
entity. Landlord may later designate, in writing, another person or place to which Tenant must remit amounts due
under this lease.
B. Prorated Rent: On or before as Tenant will pay Landlord $
prorated rent from the Commencement Date through the last day of the month in which this lease begins.
Name:
Address:
Notice: Place the Property address and Tenant's name on all payments.
(2) Time is of the essence for the payment of rent (strict compliance with rental due dates is required).
(3) Unless the parties agree otherwise, Tenant may not pay rent in cash and will pay all rent by (select one or
(4) Landlord requires does not require Tenant(s) to pay monthly rents by one payment.
(5) If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant is not honored by the
institution on which it was drawn, Landlord may require Tenant to pay such amount and any subsequent
amounts under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies
under this lease for Tenant's failure to make timely payments with good funds.
(TAR-2001) 1-1-14 Tenants: , , , & Landlord or Landlords Representative: , Page 2 of 16
(1) the first day of each month during this lease.
(2) .
Weekends, holidays, and mail delays do not excuse Tenants obligation to timely pay rent.
by (select one or more): cashier's check electronic payment money order personal check or
other means acceptable to Landlord.
more): cashier's check electronic payment money order personal check or
acceptable to Landlord.
other means
Landlord may or may not charge a reasonable fee to process or accept
payment by (select one or more only if Landlord indicates a reasonable fee may be charged): cashier's check
electronic payment money order personal check or other means acceptable to Landlord.
B. If this lease automatically renews on a month-to-month basis, it will continue to renew on a month-to-month basis
until either party provides written notice of termination to the other party and the notice of termination will be
effective: (Check only one box.)
(1) on the last day of the month following the month in which the notice is given. Landlord is not obligated to prorate
rent even if Tenant surrenders the Property before the termination date.
(2) on the date designated in the notice but not sooner than 30 days after the notice is given and, if necessary, rent
will be prorated on a daily basis.
If Landlord or Tenant fails to provide the other party timely written notice of termination as required by paragraph
4A, the lease automatically renews on a month-to-month basis. The Landlord or Tenant then must provide a
subsequent written notice of termination as required by paragraph 4B.
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Real Property Management
7616 LBJ Freeway, Ste.680
Dallas, TX 75251
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Residential Lease
(1) declare Tenant to be in default of this lease and exercise Landlord's remedies under Paragraph 27;
B. For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt for Landlord (the
postmark date is not the date Landlord receives the payment). The parties agree that the late charge is based on a
reasonable estimate of uncertain damages to the Landlord that are incapable of precise calculation and result from
late payment of rent. Landlords acceptance of a late charge does not waive Landlords right to exercise remedies
under Paragraph 27.
7. RETURNED PAYMENT:
Landlord which is returned or not honored by the institution on which it is drawn for any reason, plus any late charges
until Landlord receives payment. Tenant must make any returned payment good by paying such amount(s) plus any
associated charges in certified funds.
(4) charge to Tenant the Landlord's cost to:
(3) remove or cause to be removed any unauthorized pet and deliver it to appropriate local authorities by providing
at least 24-hour written notice to Tenant of Landlord's intention to remove the unauthorized pet; and
(c) clean and deodorize the Property's carpets and drapes; and
9. PETS:
A. Unless the parties agree otherwise in writing, Tenant may not permit, even temporarily, any pet on the Property
(including but not limited to any mammal, reptile, bird, fish, rodent, or insect).
Tenant will pay Landlord $ for each payment Tenant tenders to
8.
B. If Tenant violates this Paragraph 9 or any agreement to keep a pet on the Property, Landlord may take all or any of
the following action:
(2) charge Tenant, as additional rent, an initial amount of $ and $
per day thereafter per pet for each day Tenant violates the pet restrictions;
(a) remove any unauthorized pet;
(b) exterminate the Property for fleas and other insects;
(d) repair any damage to the Property caused by the unauthorized pet.
(a) $ ; or (b) (1) an initial late charge equal to (check one box only): % of one
month's rent; and
(2) additional late charges of $ per day thereafter until rent and late charges are paid in full.
Additional late charges for any one payment may not exceed more than 30 days.
Notice: 92.019, Property Code prohibits assessing a late fee until rent has remained unpaid for at least
one full day after the date on which the rent is due.
APPLICATION OF FUNDS: Regardless of any notation on a payment, Landlord may apply funds received from Tenant
first to any non-rent obligations of Tenant, including but not limited to, late charges, returned payment charges, repairs,
brokerage fees, periodic utilities, pet charges, and then to rent.
E. Rent Increases: There will be no rent increases through the primary term. Landlord may increase the rent that will
be paid during any month-to-month renewal period by providing at least 30 days written notice to Tenant.
6. LATE CHARGES:
A. If Landlord does not actually receive a rent payment in the full amount at the designated place of payment by
the day of each month at 11:59pm, Tenant will pay Landlord for each late payment: 2nd
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Residential Lease
(1) Landlord may deduct reasonable charges from the security deposit for:
D.
(k) packing, removing, and storing abandoned property;
(l) removing abandoned or illegally parked vehicles;
(2) Bad faith violations of 92.108 may subject a tenant to liability up to 3 times the rent wrongfully withheld
and the landlord's reasonable attorney's fees.
(3) The Property Code does not obligate a landlord to return or account for the security deposit until the
tenant surrenders the Property and gives the landlord a written statement of the tenant's forwarding
address, after which the landlord has 30 days in which to account.
"Surrender" is defined in Paragraph 16 of this lease. (4)
(5) One may view the Texas Property Code at the Texas Legislature's website which, as of the date shown in
the lower left-hand corner of this form, is
Deductions:
(a) damages to the Property, excluding normal wear and tear, and all reasonable costs associated to repair the
Property;
(b) costs for which Tenant is responsible to clean, deodorize, exterminate, and maintain the Property;
(c) unpaid or accelerated rent;
(d) unpaid late charges;
(e) unpaid utilities and utility expenses Landlord incurs to maintain utilities to the Property as required by this
Lease;
(f) unpaid pet charges;
(g) replacing unreturned keys, garage door openers, security devices, or other components;
(h) the removal of unauthorized locks or fixtures installed by Tenant;
(i) Landlord's cost to access the Property if made inaccessible by Tenant;
(j) missing or burned-out light bulbs and fluorescent tubes (at the same location and of the same type and
quality that are in the Property on the Commencement Date);
http://www.statutes.legis.state.tx.us/ .
B. Interest: No interest or income will be paid to Tenant on the security deposit. Landlord may place the security
deposit in an interest-bearing or income-producing account and any interest or income earned will be paid to
Landlord or Landlord's representative.
C. Refund: Tenant must give Landlord at least thirty (30) days written notice of surrender before Landlord is obligated
to account for or refund the security deposit. Any refund of the security deposit will be made payable to all Tenants
named in this lease.
Notices about Security Deposits:
(1) 92.108, Property Code provides that a tenant may not withhold payment of any portion of the last month's
rent on grounds that the security deposit is security for unpaid rent.
C. When taking any action under Paragraph 9B Landlord will not be liable for any harm, injury, death, or sickness to
any pet.
10. SECURITY DEPOSIT:
A. Security Deposit: On or before execution of this lease, Tenant will pay a security deposit to Landlord in the amount
by (select one or more): cashier's check electronic payment of $
money order personal check or other means acceptable to Landlord. "Security deposit" has the
meaning assigned to that term in 92.102, Property Code. Any additional deposits Tenant pays to Landlord, other
than the security deposit, will become part of the security deposit.
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B. Phone Numbers and E-mail: Tenant must promptly inform Landlord of any changes in Tenant's phone numbers
(home, work, and mobile) and e-mail not later than 5 days after a change.
A.
12. USE AND OCCUPANCY:
Occupants: Tenant may use the Property as a private residence only. The only persons Tenant may permit to
reside on the Property during the term of this lease are (include names and ages of all
occupants):
.
C. HOA Rules: Tenant must comply with any owners' association rules or restrictive covenants affecting the Property.
Tenant will reimburse Landlord for any fines or other charges assessed against Landlord for violations by Tenant of
any owners' association rule or restrictive covenant.
D. Prohibitions: Unless otherwise authorized by this lease, Tenant may not install or permit any of the following on the
Property, even temporarily: a spa, hot tub, above-ground pool, trampoline, or any item which causes a suspension
or cancellation of insurance coverage or an increase in insurance premiums. Tenant may not permit any part of the
Property to be used for: (1) any activity which is a nuisance, offensive, noisy, or dangerous; (2) the repair of any
vehicle; (3) any business of any type, including but not limited to child care; (4) any activity which violates any
zoning ordinance, owners' association rule, or restrictive covenant; (5) any illegal or unlawful activity; or (6) activity
that obstructs, interferes with, or infringes on the rights of other persons near the Property.
11. UTILITIES:
A. Tenant will pay all connection fees, service fees, usage fees, and all other costs and fees for all utilities to the
Property (for example, electricity, gas, water, wastewater, garbage, telephone, alarm monitoring systems, cable,
and Internet connections) except the following which Landlord will pay:
.
Unless otherwise agreed, amounts under this paragraph are payable directly to the service providers.
B. Unless provided by Landlord, Tenant must, at a minimum, keep the following utilities on, if available, at all times
this lease is in effect: gas; electricity; water; wastewater; and garbage services.
Notice: Before signing this lease, Tenant should determine if all necessary utilities are available to the
Property and are adequate for Tenant's use.
(m) costs of reletting (as defined in Paragraph 27), if Tenant is in default;
(n) attorney's fees, costs of court, costs of service, and other reasonable costs incurred in any legal proceeding
against Tenant;
(o) mailing costs associated with sending notices to Tenant for any violations of this lease;
(p) any other unpaid charges or fees or other items for which Tenant is responsible under this lease;
(q) cost to restore walls, flooring, landscaping or any alteration to the Property not approved in writing by
Landlord; and
(r) damages to the Property caused by smoking, including but not limited to stains, burns, odors, and removal
of debris.
(2) If deductions exceed the security deposit, Tenant will pay to Landlord the excess within 10 days after Landlord
makes written demand.
Tenant to transfer utilities
by lease start date; utilities will be disconnected w/o notice; if not
transferred.$50 penalty + utility charge will be charged to tenant p/utility
Residential Lease
D. Keybox: A keybox is a locked container placed on the Property holding a key to the Property. The keybox is
opened by a special combination, key, or programmed access device so that persons with the access
device may enter the Property, even in Tenant's absence. The keybox is a convenience but involves risk
(such as unauthorized entry, theft, property damage, or personal injury). Neither the Association of
REALTORS nor MLS requires the use of a keybox.
(1) Tenant authorizes Landlord, Landlord's property manager, and Landlord's broker to place on the Property a
keybox containing a key to the Property:
(a) during the last
days of this lease or any renewal or extension; and
(b) at any time Landlord lists the Property for sale with a Texas licensed broker.
C.
.
14. ACCESS BY LANDLORD:
A. Advertising: Landlord may prominently display a "For Sale" or "For Lease" or similarly worded sign on the Property
during the term of this lease or any renewal period. Landlord or Landlords contractor may take interior or exterior
photographs or images of the Property and use the photographs or images in any advertisements to lease or sell
the Property.
B. Access: Before accessing the Property, Landlord or anyone authorized by Landlord will attempt to first contact
Tenant, but may enter the Property at reasonable times without notice to make repairs or to show the Property to
prospective tenants or buyers, inspectors, fire marshals, lenders, appraisers, or insurance agents. Additionally,
Landlord or anyone authorized by Landlord may peacefully enter the Property at reasonable times without first
attempting to contact Tenant and without notice to: (1) survey or review the Propertys condition and take
photographs to document the condition; (2) make emergency repairs; (3) exercise a contractual or statutory lien; (4)
leave written notices; or (5) seize nonexempt property if Tenant is in default.
adjacent to the Property or on the street in front of the Property. In accordance with applicable state and local laws,
Landlord may have towed, at Tenant's expense: (a) any inoperative vehicle on or adjacent to the Property; (b) any
vehicle parked in violation of this paragraph or any additional parking rules made part of this lease; or (c) any vehicle
parked in violation of any law, local ordinance, or owners' association rule.
Trip Charges: If Landlord or Landlords agents have made prior arrangements with Tenant to access the Property
and are denied or are not able to access the Property because of Tenants failure to make the Property accessible
(including, but not limited to, any occupant, guest or invitee of Tenant, pet, or security device prohibiting access to
any area of the Property), Landlord may charge Tenant a trip charge of $
E. Guests: Tenant may not permit any guest to stay on the Property longer than the amount of time permitted by any
owners' association rule or restrictive covenant or days without Landlord's written
permission, whichever is less.
F. Common Areas: Landlord is not obligated to pay any non-mandatory or user fees for Tenant's use of any common
areas or facilities (for example, pool or tennis courts).
13. PARKING RULES: Tenant may not permit more than vehicles, including but not limited to automobiles,
trucks, recreational vehicles, trailers, motorcycles, all-terrain vehicles, jet skis, and boats, on the Property unless
authorized by Landlord in writing. Tenant may not park or permit any person to park any vehicles in the yard. Tenant
may permit vehicles to be parked only in drives, garages, designated common parking areas, or in the street if not
prohibited by law or an owners' association. Tenant may not store or permit any person to store any vehicles on or
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(3) "Abandonment" occurs when all of the following occur:
(a) all occupants have vacated the Property, in Landlord's reasonable judgment;
(b) Tenant is in breach of this lease by not timely paying rent; and
(c) Landlord has delivered written notice to Tenant, by affixing it to the inside of the main entry door or if the
Landlord is prevented from entering the Property by affixing it to the outside of the main entry door, stating
that Landlord considers the Property abandoned, and Tenant fails to respond to the affixed notice by the time
required in the notice, which will not be less than 2 days from the date the notice is affixed to the main entry
door.
(a) the date Tenant specifies as the move-out or termination date in a written notice to Landlord has passed; or
(b) Tenant returns keys and access devices that Landlord provided to Tenant under this lease.
B. Definitions:
(1) "Normal wear and tear" means deterioration that occurs without negligence, carelessness, accident, or abuse.
(2) "Surrender" occurs when all occupants have vacated the Property, in Landlord's reasonable judgment, and one
of the following events occurs:
15. MOVE-IN CONDITION:
A. Landlord makes no express or implied warranties as to the Property's condition. Tenant has inspected the Property
and accepts it AS-IS provided that Landlord:
.
B. Tenant will complete an Inventory and Condition Form, noting any damages to the Property, and deliver it to
Landlord within days after the Commencement Date. If Tenant fails to timely deliver the Inventory
and Condition Form, the Property will be deemed to be free of damages, unless otherwise expressed in this lease.
The Inventory and Condition Form is not a request for repairs. Tenant must direct all requests for repairs in
compliance with Paragraph 18.
16. MOVE-OUT:
A. Move-Out Condition: When this lease ends, Tenant will surrender the Property in the same condition as when
received, normal wear and tear excepted. Tenant will leave the Property in a clean condition free of all trash,
debris, and any personal property. Tenant may not abandon the Property.
(2) Tenant may withdraw Tenant's authorization to place a keybox on the Property by providing written notice to
Landlord and paying Landlord a fee of $ as consideration for the withdrawal. Landlord
will remove the keybox within a reasonable time after receipt of the notice of withdrawal and payment of the
required fee. Removal of the keybox does not alleviate Tenants obligation to make the Property available for
showings as indicated in Paragraph 14B.
(3)
(4) Landlord, the property manager, and Landlord's broker are not responsible to Tenant, Tenant's guests, family,
or occupants for any damages, injuries, or losses arising from use of the keybox unless caused by Landlord, the
property manager, or Landlord's broker.
If Landlord or Landlords agents are denied or are not able to access the Property after first attempting to
contact Tenant, Landlord may charge Tenant a trip charge as provided in Paragraph 14C.
one month's rent
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Residential Lease
(3) Unless prohibited by ordinance or other law, Tenant will water the yard at reasonable and appropriate times
including but not limited to the following times:
. Other than watering, the yard will be maintained as follows:
B. Yard Maintenance:
(1) "Yard" means all lawns, shrubbery, bushes, flowers, gardens, trees, rock or other landscaping, and other foliage
on or encroaching on the Property or on any easement appurtenant to the Property, and does not include
common areas maintained by an owners' association.
(2) "Maintain the yard" means to perform activities such as, but not limited to: (a) mowing, fertilizing, and trimming
the yard; (b) controlling pests and weeds in the yard; and (c) removing debris from the yard.
17. PROPERTY MAINTENANCE:
A. Tenant's General Responsibilities: Tenant, at Tenant's expense, must:
(1) keep the Property clean and sanitary;
(2) promptly dispose of all garbage in appropriate receptacles;
(3) supply and change heating and air conditioning filters at least once a month;
(4) supply and replace all light bulbs, fluorescent tubes, and batteries for smoke alarms, carbon monoxide
detectors, garage door openers, ceiling fan remotes, and other devices (of the same type and quality that are
in the Property on the Commencement Date);
(5) maintain appropriate levels of necessary chemicals or matter in any water softener;
(6) take action to promptly eliminate any dangerous condition on the Property;
(7) take all necessary precautions to prevent broken water pipes due to freezing or other causes;
(8) replace any lost or misplaced keys;
(9)
(10) remove any standing water;
(11) know the location and operation of the main water cut-off valve and all electric breakers and how to switch the
valve or breakers off at appropriate times to mitigate any potential damage;
(12) water the foundation of the Property at reasonable and appropriate times; and
(13) promptly notify Landlord, in writing, of all needed repairs.
pay any periodic, preventive, or additional extermination costs desired by Tenant, including treatment for bed
bugs, unless otherwise required by law;
C. Personal Property Left After Move-Out:
(1) If Tenant leaves any personal property in the Property after surrendering or abandoning the Property Landlord
may:
(a) dispose of such personal property in the trash or a landfill;
(b) give such personal property to a charitable organization; or
(c) store and sell such personal property by following procedures in 54.045(b)-(e), Property Code.
(2) Tenant must reimburse Landlord all Landlord's reasonable costs under Paragraph 16C(1) for packing, removing,
storing, and selling the personal property left in the Property after surrender or abandonment.
Twice weekly; including around foundation.
Residential Lease
(3) make holes in the woodwork, floors, or walls, except that a reasonable number of small nails may be used to
hang pictures in sheetrock and grooves in paneling;
(4) permit any water furniture on the Property;
(5) install additional phone or video cables, outlets, antennas, satellite receivers, or alarm systems;
(6) alter, replace or remove flooring material, paint, or wallpaper;
(7) install, change, or remove any: fixture, appliance, or non-real-property item listed in Paragraph 2;
(8) keep or permit any hazardous material on the Property such as flammable or explosive materials;
(9) keep or permit any material or item which causes any liability or fire and extended insurance coverage to be
suspended or canceled or any premiums to be increased;
(10) dispose of any environmentally detrimental substance (for example, motor oil or radiator fluid) on the Property;
or
(11) cause or allow any lien to be filed against any portion of the Property.
E.
18. REPAIRS: (Notice: Subchapter B, Chapter 92, Property Code governs repair obligations).
A. Repair Requests: All requests for repairs must be in writing and delivered to Landlord. If Tenant is
delinquent in rent at the time a repair notice is given, Landlord is not obligated to make the repair. In the
event of an emergency related to the condition of the Property that materially affects the physical health or
safety of an ordinary tenant, Tenant may call Landlord or, if applicable, the property manager, at
. Ordinarily, a repair to the heating and air conditioning system is not an
F. Smoking: Smoking by Tenant, Tenants guests, family, or occupants is permitted not permitted on the
(1) Landlord may exercise Landlords remedies under Paragraph 27; and
(2) Landlord may deduct from the security deposit damages to the Property caused by smoking, including but not
limited to stains, burns, odors, and removal of debris.
emergency.
Property (including, but not limited to, the garage or outdoor areas of the Property). If smoking is not permitted and
does occur on the Property, Tenant will be in default and:
Failure to Maintain: If Tenant fails to comply with this Paragraph 17 or any Pool/Spa Maintenance Addendum,
Landlord may, in addition to exercising Landlords remedies under Paragraph 27, perform
whatever action Tenant is obligated to perform and Tenant must immediately reimburse Landlord the reasonable
expenses that Landlord incurs plus any administrative fees assessed by Landlords agents or any other entity as
provided by law.
(b) Tenant, at Tenant's expense, will maintain the yard.
(c) Tenant will maintain in effect a scheduled yard maintenance contract with: a contractor who regularly
provides such service; .
C. Pool/Spa Maintenance: Any pool or spa on the Property will be maintained according to a Pool/Spa Maintenance
Addendum.
D. Prohibitions: If Tenant installs any fixtures on the Property, authorized or unauthorized, such as additional smoke
alarms, locks, alarm systems, cables, satellite dishes, or other fixtures, such fixtures will become the property of the
Landlord. Except as otherwise permitted by law, this lease, or in writing by Landlord, Tenant may not:
(1) remove any part of the Property or any of Landlord's personal property from the Property;
(2) remove, change, add, or rekey any lock;
(a) Landlord, at Landlord's expense, will maintain the yard. Tenant will permit Landlord and Landlord's
contractors reasonable access to the yard and will remove any pet from the yard at appropriate times.
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(2) Landlord is not obligated to complete a repair on a day other than a business day unless required to do
so by the Property Code.
D. Payment of Repair Costs:
(1)
(a) heating and air conditioning systems;
(b) water heaters; or
(c) water penetration from structural defects.
(2) Landlord will NOT pay to repair the following items unless caused by Landlords negligence:
(a) conditions caused by Tenant, an Occupant, or any guest or invitee of Tenant;
(b) damage to doors, windows, and screens;
(c) damage from windows or doors left open;
(d) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively
serve the Property;
(e) items that are cosmetic in nature with no impact on the functionality or use of the item; and
(f) the following specific items or appliances:
E. Trip Charges: If a repair person is unable to access the Property after making arrangements with Tenant to
complete the repair, Tenant will pay any trip charge the repair person may charge, which amount may be
different from the amount stated in Paragraph 14C.
.
Except as otherwise specified in this lease, Landlord will pay to repair or remedy conditions in the
Property in need of repair if Tenant complies with the procedures for requesting repairs as described in
this Paragraph 18. This includes, but is not limited to, repairs to the following items not caused by
Tenant or Tenants negligence:
B. NOTICE: If Landlord fails to repair a condition that materially affects the physical health or safety of an
ordinary tenant as required by this lease or the Property Code, Tenant may be entitled to exercise remedies
under 92.056 and 92.0561 of the Property Code. If Tenant follows the procedures under those sections,
the following remedies may be available to Tenant: (1) terminate the lease and obtain an appropriate refund
under 92.056(f); (2) have the condition repaired or remedied according to 92.0561; (3) deduct from the
rent the cost of the repair or remedy according to 92.0561; and (4) obtain judicial remedies according to
92.0563. Do not exercise these remedies without consulting an attorney or carefully reviewing the
procedures under the applicable sections. The Property Code presumes that 7 days is a reasonable period
of time for the Landlord to make a diligent effort to repair a condition unless there are circumstances which
establish that a different period of time is appropriate (such as the severity and nature of the condition and
the availability of materials, labor, and utilities). Failure to strictly follow the procedures in the applicable
sections may cause Tenant to be in default of the lease.
C. Completion of Repairs:
(1) Tenant may not repair or cause to be repaired any condition, regardless of the cause, without
Landlord's permission. All decisions regarding repairs, including the completion of any repair, whether
to repair or replace the item, and the selection of contractors, will be at Landlord's sole discretion.
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Residential Lease
21. LIABILITY: Unless caused by Landlord, Landlord is not responsible to Tenant, Tenant's guests, family, or occupants
for any damages, injuries, or losses to person or property caused by fire, flood, water leaks, ice, snow, hail, winds,
explosion, smoke, interruption of utilities, theft, burglary, robbery, assault, vandalism, other persons, condition of the
Property, environmental contaminants (for example, carbon monoxide, asbestos, radon, lead-based paint, mold,
fungus, etc.), or other occurrences or casualty losses. Tenant will promptly reimburse Landlord for any loss, property
damage, or cost of repairs or service to the Property caused by Tenant, Tenant's guests, any occupants, or any pets.
22. HOLDOVER: If Tenant fails to vacate the Property at the time this lease ends Tenant will pay Landlord rent for the
holdover period and indemnify Landlord and prospective tenants for damages, including but not limited to lost rent,
lodging expenses, costs of eviction, and attorneys' fees. Rent for any holdover period will be three (3) times the monthly
rent, calculated on a daily basis, and will be immediately due and payable daily without notice or demand.
23. RESIDENTIAL LANDLORD'S LIEN: Landlord will have a lien for unpaid rent against all of Tenant's nonexempt
personal property that is in the Property and may seize such nonexempt property if Tenant fails to pay rent. Subchapter
C, Chapter 54, Property Code governs the rights and obligations of the parties regarding Landlord's lien. Landlord may
collect a charge for packing, removing, or storing property seized in addition to any other amounts Landlord is entitled
to receive. Landlord may sell or dispose of any seized property in accordance with the provisions of 54.045, Property
Code.
24. SUBORDINATION: This lease and Tenant's leasehold interest are and will be subject, subordinate, and inferior to: (i)
any lien or encumbrance now or later placed on the Property by Landlord; (ii) all advances made under any such lien or
encumbrance; (iii) the interest payable on any such lien or encumbrance; (iv) any and all renewals and extensions of
any such lien or encumbrance; (v) any restrictive covenant; and (vi) the rights of any owners' association affecting the
Property.
F. Advance Payments and Reimbursements: Landlord may require advance payment of repairs or payments
under this Paragraph 18 for which Tenant is responsible. Tenant must promptly reimburse Landlord the
amounts under this Paragraph 18 for which Tenant is responsible.
19. SECURITY DEVICES AND EXTERIOR DOOR LOCKS:
A.
B. All notices or requests by Tenant for rekeying, changing, installing, repairing, or replacing security devices must be
in writing. Installation of additional security devices or additional rekeying or replacement of security devices
desired by Tenant may be paid by Tenant in advance in accordance with 92.162(c), Property Code, and may be
installed only by contractors authorized by Landlord.
20. SMOKE ALARMS: Subchapter F, Chapter 92, Property Code requires the Property to be equipped with smoke alarms
in certain locations. Requests for additional installation, inspection, or repair of smoke alarms must be in writing.
Disconnecting or intentionally damaging a smoke alarm or removing a battery without immediately replacing it with a
working battery may subject Tenant to civil penalties and liability for damages and attorney fees under 92.2611,
Property Code.
Subchapter D, Chapter 92, Property Code requires the Property to be equipped with certain types of locks and
security devices, including (with some exceptions): (1) window latches on each window; (2) a keyed doorknob lock
or keyed deadbolt lock on each exterior door; (3) a sliding door pin lock on each exterior sliding glass door of the
dwelling; (4) a sliding door handle latch or a sliding door security bar on each exterior sliding glass door of the
dwelling; and (5) a keyless bolting device and a door viewer on each exterior door of the dwelling. Landlord has
rekeyed the security devices since the last occupant vacated the Property or will rekey the security devices within 7
days after Tenant moves in. Security device" has the meaning assigned to that term in 92.151, Property Code.
Residential Lease
(2) all unpaid rents which are payable during the remainder of this lease or any renewal period will be accelerated
without notice or demand;
(3) Landlord may exercise Landlord's lien under Paragraph 23 and any other rights under this lease or the Property
Code; and
(4) Tenant will be liable for:
(a) any lost rent;
(b) Landlord's cost of reletting the Property including but not limited to leasing fees, advertising fees, utility
charges, and other fees reasonably necessary to relet the Property;
(c) repairs to the Property for use beyond normal wear and tear;
(d) all Landlords costs associated with eviction of Tenant, including but not limited to attorneys fees, court
costs, costs of service, witness fees, and prejudgment interest;
(e) all Landlord's costs associated with collection of amounts due under this lease, including but not limited to
collection fees, late charges, and returned check charges; and
(f) any other recovery to which Landlord may be entitled by law.
C. Notice to vacate under Paragraph 27B(1) may be by any means permitted by 24.005, Property Code.
D. Landlord will attempt to mitigate any damage or loss caused by Tenant's breach by attempting to relet the Property
to acceptable tenants and reducing Tenant's liability accordingly.
28. EARLY TERMINATION: This lease begins on the Commencement Date and ends on the Expiration date unless: (i)
renewed under Paragraph 4; (ii) extended by written agreement of the parties; or (iii) terminated earlier under
Paragraph 27, by agreement of the parties, applicable law, or this Paragraph 28. Tenant is not entitled to early
termination due to voluntary or involuntary job or school transfer, changes in marital status, loss of employment, loss of
co-tenants, changes in health, purchase of property, or death.
25. CASUALTY LOSS OR CONDEMNATION: Section 92.054, Property Code governs the rights and obligations of the
parties regarding a casualty loss to the Property. Any proceeds, payment for damages, settlements, awards, or other
sums paid because of a casualty loss to the Property will be Landlord's sole property. For the purpose of this lease, any
condemnation of all or a part of the Property is a casualty loss.
26. SPECIAL PROVISIONS: (Do not insert a lease-option or lease-purchase clause without the assistance of legal
counsel. Special obligations and liabilities under statute apply to such transactions.)
27. DEFAULT:
A. If Landlord fails to comply with this lease, Tenant may seek any relief provided by law.
B. If Tenant fails to timely pay all amounts due under this lease or otherwise fails to comply with this lease, Tenant will
be in default and:
(1) Landlord may terminate Tenant's right to occupy the Property by providing Tenant with at least one day written
notice to vacate;
Carpets must be professionally cleaned upon vacating; a receipt from a
professional company must be submitted to RPM; No Smoking inside the property;
RPM has access to the property for mandatory inspections; zero tolerance policy
for NSF or returned checks;money orders or cashier's checks thereafter; in the
event an eviction is filed, $350.00 fee will be added to tenant's account,
regardless of outcome; $35.00 fee will be added to tenant's account for each
notice sent.
Residential Lease
(TAR-2001) 1-1-14 Page 13 of 16
Tenants: , , , & Landlord or Landlords Representative: ,
(3) Any assignee, subtenant, or replacement tenant must, in Landlord's discretion, be acceptable as a tenant and
must sign: (a) a new lease with terms not less favorable to Landlord than this lease or otherwise acceptable to
Landlord; (b) a sublease with terms approved by Landlord; or (c) an assignment of this lease in a form approved
by Landlord.
(4) At the time Landlord agrees to permit an assignee, subtenant, or replacement tenant to occupy the Property,
Tenant will pay Landlord:
(a) if Tenant procures the assignee, subtenant, or replacement tenant:
(i) $ .
(ii) % of ones month rent that the assignee, subtenant, or replacement tenant is to pay.
(b) if Landlord procures the assignee, subtenant, or replacement tenant:
(i) $ .
(ii) % of ones month rent that the assignee, subtenant, or replacement tenant is to pay.
(5) Unless expressly stated otherwise in an assignment or sublease, Tenant will not be released from Tenant's
obligations under this lease because of an assignment or sublease. An assignment of this lease or a sublease
of this lease without Landlord's written consent is voidable by Landlord.
A.
(1) Military: If Tenant is or becomes a servicemember or a dependent of a servicemember, Tenant may terminate
this lease by delivering to Landlord a written notice of termination and a copy of an appropriate government
document providing evidence of: (a) entrance into military service; (b) military orders for a permanent change of
station (PCS); or (c) military orders to deploy with a military unit for not less than 90 days. Termination is
effective on the 30th day after the first date on which the next rental payment is due after the date on which the
notice is delivered. 92.017, Property Code governs the rights and obligations of the parties under this
paragraph.
(2) Family Violence: Tenant may terminate this lease if Tenant provides Landlord with a copy of a court order
described under 92.016, Property Code protecting Tenant or an occupant from family violence committed by a
cotenant or occupant of the Property. 92.016, Property Code governs the rights and obligations of the parties
under this paragraph. If the family violence is committed by someone other than a cotenant or co-occupant of
the Property, Tenant must give written notice of termination 30 days prior to the effective date of the notice.
(3)
B. Assignment, Subletting and Replacement Tenants:
(1) Tenant may not assign this lease or sublet the Property without Landlord's written consent.
(2) If Tenant requests an early termination of this lease under this Paragraph 28B, Tenant may attempt to find a
replacement tenant and may request Landlord to do the same. Landlord may, but is not obligated to, attempt to
find a replacement tenant under this paragraph.
Special Statutory Rights Tenants may have special statutory rights to terminate the lease early in certain situations
involving family violence, military deployment or transfer, or certain sex offenses or stalking.
Sex Offenses or Stalking: Tenant may have special statutory rights to terminate this lease in certain situations
involving certain sexual offenses or stalking, if the Tenant provides Landlord with the documentation required by
92.0161, Property Code. For more information about the types of situations covered by this provision, Tenant
is advised to review 92.0161, Property Code.
X 250.00
X 150.000
X 250.00
X 200.000
Residential Lease
33. AGREEMENT OF PARTIES:
A. Entire Agreement: There are no oral agreements between Landlord and Tenant. This lease contains the entire
agreement between Landlord and Tenant and may not be changed except by written agreement.
B. Binding Effect: This lease is binding upon and inures to the benefit of the parties to this lease and their respective
heirs, executors, administrators, successors, and permitted assigns.
C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to,
refund to, or signature of, any one or more of the Tenants regarding any term of this lease, its extension, its
renewal, or its termination is binding on all Tenants executing this lease.
D. Waiver: Landlord's past delay, waiver, or non-enforcement of a rental due date or any other right will not be
deemed to be a waiver of any other breach by Tenant or any other right in this lease.
E. Severable Clauses: Should a court find any clause in this lease unenforceable, the remainder of this lease will not
be affected and all other provisions in this lease will remain enforceable.
29. ATTORNEY'S FEES: Any person who is a prevailing party in any legal proceeding brought under or related to the
transaction described in this lease is entitled to recover prejudgment interest, attorney's fees, costs of service, and all
other costs of the legal proceeding from the non-prevailing party.
30. REPRESENTATIONS: Tenant's statements in this lease and any application for rental are material representations.
Each party to this lease represents that he or she is of legal age to enter into a contract. If Tenant makes a
misrepresentation in this lease or in an application for rental, Tenant is in default.
31. ADDENDA: Incorporated into this lease are the following addenda, exhibits and other information. If Landlord's Rules
and Regulations are made part of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord
may, at Landlord's discretion, amend from time to time.
Addendum Regarding Lead-Based Paint Agreement Between Brokers
Inventory & Condition Form Landlord's Rules & Regulations
Landlord's Additional Parking Rules Owners' Association Rules
Pet Agreement Pool/Spa Maintenance Addendum
Protecting Your Home from Mold Residential Lease Application
Residential Lease Guaranty
32. NOTICES: All notices under this lease must be in writing and are effective when hand-delivered, sent by mail, or sent
by electronic transmission to (Do not insert an e-mail address or a fax number unless the party consents to receive
notices under this lease at the e-mail address or fax number specified.):
Tenant at the Property and a copy to: Landlord c/o:
E-mail: E-mail:
Fax: Fax:
X
X
X
X IABS
Real Property Management
7616 LBJ Freeway, Ste.680
Dallas, TX 75251
(214)296-9380
Residential Lease
(TAR-2001) 1-1-14 Page 15 of 16
H.
Landlord or property manager for Landlord:
I. Landlord's broker, ,
will will not act as the property manager for landlord. If Property is not managed by above-named broker,
G. The Texas Department of Public Safety maintains a database that the public may search, at no cost, to determine if
information concerning past criminal activity in certain areas, contact the local police department.
registered sex offenders are located in certain areas (see www.txdps.state.tx.us under on-line services). For
Landlords insurance does not cover Tenant from loss of personal property. Landlord highly recommends that
Tenant obtain liability insurance and insurance for casualties such as fire, flood, water damage, and theft.
Property will be managed by
Name of property manager:
Address:
E-mail:
34. INFORMATION:
A. Future inquiries about this lease, rental payments, and security deposits should be directed to the person listed for
receipt of notices for Landlord under Paragraph 32.
B. It is Tenants responsibility to determine, before signing this lease, if: (i) all services (e.g., utilities, connections,
schools, and transportation) are accessible to or from the Property; (ii) such services are sufficient for Tenants
needs and wishes; and (iii) Tenant is satisfied with the Propertys condition.
C. The brokers to this lease have no knowledge of whether Landlord is delinquent in the payment of any lien against
the Property.
D. Unpaid rent and any unpaid amount under this lease are reportable to credit reporting agencies.
E. Landlord is not obligated to respond to any requests for Tenants rental and payment history from a mortgage
company or other prospective landlord until Tenant has given notice of termination of this lease and Tenant is not in
breach of this lease. (Notice: Landlord or Landlords agent may charge a reasonable fee for processing such
information).
F. If all occupants over 18 years of age die during this lease, Landlord may: (i) permit the person named below to
access the Property at reasonable times in Landlord's or Landlord's agent's presence; (ii) permit the named person
to remove Tenant's personal property; and (iii) refund the security deposit, less deductions, to the named person.
Section 92.014, Property Code governs procedures to follow in the event of a tenant's death.
Name: Phone:
Address:
E-mail:
F. Controlling Law: The laws of the State of Texas govern the interpretation, validity, performance, and enforcement of
this lease.
G. Copyright: If an active REALTOR member of the Texas Association of REALTORS does not negotiate this
lease as a party or for one of the parties, with or without assistance by an active member of the State Bar of Texas,
this lease is voidable at will by Tenant.
Phone:
RE/MAX Heritage
X
X
Real Property Management (972)233-1888
7616 LBJ Freeway, Ste.680 Dallas, TX 75251
Residential Lease
(TAR-2001) 1-1-14 Page 16 of 16
J. This lease is negotiable between the parties. This lease is binding upon final acceptance. READ IT CAREFULLY. If
you do not understand the effect of this lease, consult your attorney BEFORE signing.
Landlord Date
Landlord Date
Tenant Date
Tenant Date
Tenant Date
Tenant Date
Or signed for Landlord under written property management
agreement or power of attorney:
By:
Broker's Printed Name
Firm Name
Date
K. This lease should not be used in conjunction with executory contracts of any type, such as contracts for deed,
leases with options to purchase, or lease options, without the advice of an attorney.
Broker's Associate's Printed Name
License No.
*Note: Landlord must provide at least one copy of the lease to at least one Tenant no later than three
business days after the date the lease is signed by each party to the lease. Additionally, if more than one
tenant is a party to the lease, no later than three business days after the date the Landlord receives a
written request for a copy of a lease from a tenant who has not already received one as required above,
the Landlord must provide a copy to the requesting tenant. Landlord may provide the copy of the lease in:
(1) a paper format; (2) an electronic format if requested by the tenant; or (3) by e-mail if the parties have
communicated by e-mail regarding the lease. See 92.024, Property Code, for more details.
For Landlords Use:
On * (date), Landlord provided a copy of the lease, signed by all parties, to
(Tenant) by mail e-mail fax in person.
John G. Hrisco
Timothy Nystrom 605549
RE/MAX Heritage
all tenants named by portal & X
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