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Form TX-864LT
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TEXAS RESIDENTIAL LEASE AGREEMENT
This Residential Lease Agreement (hereinafter “Lease”) is entered into this the ____ day of _____________________,
20____, by and between the Lessor: ______________________________________, (hereinafter referred to as “Landlord”),
and the Lessee(s): _____________________________________________________________________________________.
All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under,
the terms and conditions of this Lease.
For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do
hereby covenant, contract and agree as follows:
1. GRANT OF LEASE: Landlord does hereby lease unto
Tenant, and Tenant does hereby rent from Landlord, solely
for use as a personal residence, excluding all other uses, the
personal residence located in __________________ County,
Texas, with address of:
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________,
including the following items of personal property:
________________________________________________
________________________________________________
________________________________________________.
2. NATURE OF OCCUPANCY:
As a special
consideration and inducement for the granting of this Lease
by the Landlord to the Tenant, the personal residence
described above shall be used and occupied only by the
members of the Tenant’s family or others whose names and
ages are set forth below:
________________________________________________
________________________________________________
________________________________________________
________________________________________________.
3. TERM OF LEASE: This Lease shall commence on
the ____ day of ___________________, 20____, and extend
until its expiration on the ____ day of _________________,
20____, unless renewed or extended pursuant to the terms
herein.
4. SECURITY DEPOSIT: Upon execution of this Lease,
Tenant shall deposit the sum of $___________ to be held by
Landlord as a security deposit for reasonable cleaning of,
and repair of damages to, the premises upon the expiration
or termination of this Lease, or other reasonable damages
resulting from a default by Tenant. Tenant shall be liable to
Landlord for all damages to the leased premises upon the
termination of this Lease, ordinary wear and tear excepted.
Tenant is not entitled to interest on the security deposit.
Tenant may not apply the security deposit to any rent due
under this Lease. If Landlord sells or assigns the leased
premises, Landlord shall have the right to transfer Tenant’s
security deposit to the new owner or assignee to hold under
this Lease, and upon so doing Landlord shall be released
from all liability to Tenant for return of said security deposit.
In compliance with Texas Code § 8-92-103 et seq.:
Landlord shall refund a security deposit to the tenant on or
before the 30th day after the date the tenant surrenders the
premises. Before returning a security deposit, the landlord
may deduct from the deposit damages and charges for which
the tenant is legally liable under the lease or as a result of
breaching the lease. The landlord may not retain any portion
of a security deposit to cover normal wear and tear. If the
landlord retains all or part of a security deposit under this
section, the landlord shall give to the tenant the balance of
the security deposit, if any, together with a written
description and itemized list of all deductions. The landlord
is not required to give the tenant a description and
itemized list of deductions if (1) the tenant owes rent when
he surrenders possession of the premises and (2) there is no
controversy concerning the amount of rent owed.
The landlord is not obligated to return a tenant's security
deposit or give the tenant a written description of damages
and charges until the tenant gives the landlord a written
statement of the tenant's forwarding address for the purpose
of refunding the security deposit.
5. RENT PAYMENTS: Tenant agrees to pay rent unto
the Landlord during the term of this Lease in equal monthly
installments of $_____________, said installment for each
month being due and payable on or before the 1st day of the
month, the first full rent payment under this Lease being due
on the 1st day of ____________________, 20____.
Tenant agrees that if rent is not paid in full on or before the
_____ day of the month, Tenant will pay a late charge of
$________ as allowed by applicable Texas law.
The prorated rent from the commencement of this Lease to
the first day of the following month is $____________,
which amount shall be paid at the execution of this Lease.
Tenant agrees that rent shall be paid in lawful money of the
United States by (indicate those that apply):
[ ] cash, [ ] personal check, [ ] money order, [ ]
cashier’s check, [ ] other___________________.
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Rent payments shall be made payable to:
________________________________________________
and mailed or delivered to the following address:
________________________________________________
_______________________. All notices from Tenant to
Landlord under this Lease and applicable Texas law shall be
delivered to the above address.
Tenant agrees that rent monies will not be considered paid
until Landlord or Landlord’s agent receives the rent monies,
either by mail or by delivery to the above address. Tenant
placing rent monies in the mail is not sufficient for rent to be
considered paid, and rent will be considered unpaid until
actual receipt thereof.
If there are multiple Tenants signed to this Lease, all such
Tenants are jointly, severally and individually bound by, and
liable under, the terms and conditions of this Lease. A
judgment entered against one Tenant shall be no bar to an
action against other Tenants.
6. CONSEQUENCES BREACH BY TENANT: If
Tenant, by any act or omission, or by the act or omission of
any of Tenant’s family or invitees, licensees, and/or guests,
violates any of the terms or conditions of this Lease or any
other documents made a part hereof by reference or
attachment, Tenant shall be considered in breach of this
Lease (breach by one tenant shall be considered breach by
all tenants where Tenant is more than one person).
In case of such breach, Landlord may deliver a written
notice to the Tenant in breach specifying the acts and
omissions constituting the breach and that the Lease
Agreement will terminate upon a date not less than thirty
(30) days after receipt of the notice if the breach is not
remedied within a reasonable time not in excess of thirty
(30) days; and the Lease Agreement shall terminate and the
Tenant shall surrender possession as provided in the notice
subject to the following:
(a) If the breach is remediable by repairs, the payment of
damages, or otherwise, and the Tenant adequately
remedies the breach prior to the date specified in the notice,
the Lease Agreement shall not terminate;
(b) In the absence of a showing of due care by the Tenant, if
substantially the same act or omission which
constituted a prior noncompliance of which notice was given
recurs within six (6) months, the Landlord party may
terminate the Lease Agreement upon at least fourteen (14)
days written notice specifying the breach and the date of
termination of the Lease Agreement;
If the Lease Agreement is terminated, Landlord shall return
all prepaid and unearned rent, and any amount of the
security deposit recoverable by the Tenant.
However, if the breach by the Tenant is nonpayment of
rent, the Landlord shall not be required to deliver thirty (30)
days' written notice as provided above. In such event, the
Landlord may serve Tenant with a three (3) day written
notice of termination, whereupon the Tenant must pay the
unpaid rent in full or surrender possession of the premises by
the expiration of the three (3) day notice period.
Furthermore, the Tenant may be terminated with three (3)
days notice if the Tenant has committed a substantial
violation of the Lease Agreement or applicable law that
materially affects health and safety, and the violation is not
cured prior to the expiration of the three day notice period.
EXCEPTION: The provisions in this section of the lease,
(Section 6) may not apply in the case of a tenant leaving the
premises due to domestic violence or military service, as
detailed in Texas Code § 8-92-016 and § 8-92-017.
"Tenants may have special statutory rights
to terminate the lease early in certain
situations involving family violence or a
military deployment or transfer."
Tenant expressly agrees and understands that upon
Landlord’s termination of this Lease, the Tenant will be
contractually liable for the remaining unpaid balance of rent,
per what would have been the regular payment schedule,
providing Landlord makes reasonable and ordinary efforts to
mitigate damages by re-renting the premises. If and when
the premises are re-rented to another party, Tenant’s liability
will end.
7. DELIVERY OF NOTICES: Any giving of notice
under this Lease or applicable Texas law shall be made by
Tenant in writing and delivered to the address noted above
for the payment of rent, either by hand delivery or by mail.
Certified or registered mail is recommended. Delivery by
mail shall not be considered complete until actual receipt by
Landlord or Landlord’s agent.
Any notices from Landlord to Tenant shall be in writing and
shall be deemed sufficiently served upon Tenant when
deposited in the mail addressed to the leased premises, or
addressed to Tenant’s last known post office address, or
hand delivered, or placed in Tenant’s mailbox. If Tenant is
more than one person, then notice to one shall be sufficient
as notice to all.
8. UTILITIES: Tenant will provide and pay for the
following utilities (indicate those that apply):
[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable
Television, [ ] Water, [ ] Garbage pick-up.
Landlord will provide and pay for the following utilities
(indicate those that apply):
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[ ] Electric, [ ] Gas, [ ] Telephone, [
Television, [ ] Water, [ ] Garbage pick-up.
] Cable
11. OBLIGATIONS AND DUTIES OF TENANT:
Tenant shall:
Tenant shall be responsible for contacting and arranging for
any utility service not provided by the Landlord, and for any
utilities not listed above. Tenant shall be responsible for
having same utilities disconnected on the day Tenant
delivers the leased premises back unto Landlord upon
termination or expiration of this Lease.
(a) Keep that part of the premises that he occupies and uses
as clean and as safe as the condition of the premises permits;
(b) Dispose from his dwelling unit all ashes, rubbish,
garbage and other waste in a clean and safe manner in
compliance with community standards;
9. NOTICE OF INTENT TO SURRENDER: Any other
provision of this lease to the contrary notwithstanding, at
least thirty (30) days prior to the normal expiration of the
term of this Lease as noted under the heading TERM OF
LEASE above, Tenant shall give written notice to Landlord
of Tenant’s intention to surrender the residence at the
expiration of the Lease term. If said written notice is not
timely given, the Tenant shall become a month-to-month
tenant as defined by applicable Texas law, and all provisions
of this Lease will remain in full force and effect, unless this
Lease is extended or renewed for a specific term by written
agreement of Landlord and Tenant.
(d) Use in a reasonable manner all electrical, plumbing,
sanitary, heating, ventilating, air conditioning and other
facilities and appliances, including elevators, in the
premises;
If Tenant becomes a month-to-month tenant in the manner
described above, Tenant must give a thirty (30) day written
notice to the Landlord of Tenant’s intention to surrender the
residence. At any time during a month-to-month tenancy
Landlord may terminate the month-to-month Lease by
serving Tenant with a written notice of termination, or by
any other means allowed by applicable Texas law. Upon
termination, Tenant shall vacate the premises and deliver
same unto Landlord on or before the expiration of the period
of notice.
(g) Inform the Landlord of any condition of which he has
actual knowledge which may cause damage to the premises;
10. OBLIGATIONS AND DUTIES OF LANDLORD:
Landlord shall:
(c) Keep all plumbing fixtures in the dwelling unit used by
the Tenant as clean as their condition permits;
(e) Not deliberately or negligently destroy, deface, damage,
impair or remove any part of the premises or knowingly
permit any other person to do so;
(f) Conduct himself and require other persons on the
premises with his consent to conduct themselves in a manner
that will not disturb his neighbors' peaceful enjoyment of
their premises;
(h) To the extent of his legal obligation, maintain the
dwelling unit in substantially the same condition, reasonable
wear and tear excepted, and comply with the requirements of
applicable building and housing codes materially affecting
health and safety;
(i) Not engage in any illegal activity upon the leased
premises as documented by a law enforcement agency;
(a) Comply with the requirements of applicable building and
housing codes materially affecting health and safety;
(b) Maintain the dwelling unit, its plumbing, heating and/or
cooling system, in substantially the same condition as at the
inception of the lease, reasonable wear and tear excluded,
unless the dwelling unit, its plumbing, heating and/or
cooling system is damaged or impaired as a result of the
deliberate or negligent actions of the Tenant or those present
with Tenant’s knowledge or permission.
(c) Comply with all other applicable Texas law.
(d) Per §8-92-020: Telephone number that will be answered
24 hours a day for the purpose of reporting emergencies
related to a condition of the leased premises that materially
affects the physical health or safety of an ordinary tenant is
as follows: ______________________________________.
(j) Comply with all other applicable Texas law.
Tenant agrees that any violation of these provisions shall be
considered a breach of this Lease.
12. NO ASSIGNMENT: Tenant expressly agrees that the
leased premises nor any portion thereof shall not be assigned
or sub-let by Tenant without the prior written consent of
Landlord.
13. TENANT INSURANCE: Landlord shall not be liable
to Tenant, Tenant’s family or Tenant’s invitees, licensees,
and/or guests for damages not proximately caused by
Landlord or Landlord’s agents.
Landlord will not
compensate Tenant or anyone else for damages proximately
caused by any other source whatsoever, or by Acts of God,
and Tenant is therefore strongly encouraged to
independently purchase insurance to protect Tenant,
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Tenant’s family, Tenant’s invitees, licensees, and/or guests,
and all personal property on the leased premises and/or in
any common areas from any and all damages.
14. CONDITION OF LEASED PREMISES: Tenant
hereby acknowledges that Tenant has examined the leased
premises prior to the signing of this Lease, or knowingly
waived said examination. Tenant acknowledges that Tenant
has not relied on any representations made by Landlord or
Landlord’s agents regarding the condition of the leased
premises and that Tenant takes premises in its AS-IS
condition with no express or implied warranties or
representations beyond those contained herein or required by
applicable Texas law. Tenant agrees not to damage the
premises through any act or omission, and to be responsible
for any damages sustained through the acts or omissions of
Tenant, Tenant’s family or Tenant’s invitees, licensees,
and/or guests. If such damages are incurred, Tenant is
required to pay for any resulting repairs at the same time and
in addition to the next month’s rent payment, with
consequences for non-payment identical to those for nonpayment of rent described herein. At the expiration or
termination of the Lease, Tenant shall return the leased
premises in as good condition as when taken by Tenant at
the commencement of the lease, with only normal wear-andtear excepted. Tenant shall have the right to remove from the
premises Tenant’s fixtures placed thereon by Tenant at his
expense, provided, however, that Tenant in effecting
removal, shall restore the leased premises to as good, safe,
sound, orderly and sightly condition as before the addition of
Tenant’s fixture. Failing this, Tenant shall be obligated to
pay for repairs as stated above.
15. ALTERATIONS: Tenant shall make no alterations,
decorations, additions, or improvements to the leased
premises without first obtaining the express written consent
of Landlord. Any of the above-described work shall become
part of the dwelling. If carried out by independent
contractors, said contractors must be approved by Landlord.
Tenant shall not contract for work to be done without first
placing monies sufficient to satisfy the contract price in an
escrow account approved by Landlord. All work shall be
done at such times and in such manner as Landlord may
designate. If a construction or mechanic’s lien is placed on
the leased premises as a result of the work, such shall be
satisfied by Tenant within ten (10) days thereafter at
Tenant’s sole expense. Tenant shall be considered in breach
of this Lease upon failure to satisfy said lien.
16. NO ILLEGAL USE: Tenant shall not perpetrate,
allow or suffer any acts or omissions contrary to law or
ordinance to be carried out upon the leased premises or in
any common area. Upon obtaining actual knowledge of any
illegal acts or omissions upon the leased premises, Tenant
agrees to immediately inform Landlord and the appropriate
authorities. Tenant shall bear responsibility for any and all
illegal acts or omissions upon the leased premises and shall
be considered in breach of this Lease upon conviction of
Tenant or any of Tenant’s family or invitees, licensees,
and/or guests for any illegal act or omission upon the leased
premises- whether known or unknown to Tenant.
17. NOTICE OF INJURIES: In the event of any
significant injury or damage to Tenant, Tenant’s family, or
Tenant’s invitees, licensees, and/or guests, or any personal
property, suffered in the leased premises or in any common
area, written notice of same shall be provided by Tenant to
Landlord at the address designated for delivery of notices
(identical to address for payment of rent) as soon as possible
but not later than five (5) days after said injury or damage.
Failure to provide such notice shall constitute a breach of
this Lease.
18. LANDLORD’S RIGHT TO MORTGAGE: Tenant
agrees to accept the premises subject to and subordinate to
any existing or future mortgage or other lien, and Landlord
reserves the right to subject premises to same. Tenant agrees
to and hereby irrevocably grants Landlord power of attorney
for Tenant for the sole purpose of executing and delivering
in the name of the Tenant any document(s) related to the
Landlord’s right to subject the premises to a mortgage or
other lien.
19. DELAY IN REPAIRS: Tenant agrees that if any
repairs to be made by Landlord are delayed by reasons
beyond Landlords control, there shall be no effect on the
obligations of Tenant under this Lease.
20. ABANDONMENT: Abandonment shall be defined as
the absence of the Tenant from the leased premises for a
period of seven (7) or more consecutive days while rent or
any owing monies remain unpaid- whereupon Tenant will be
considered in breach of this Lease. This definition is
subordinate to, and shall not in any way impair, the rights
and remedies of Landlord under this Lease or applicable
Texas law, except that in case of abandonment, Landlord or
Landlord’s agents may immediately or any time thereafter
enter and re-take the leased premises as provided by
applicable Texas law, and terminate this Lease without
notice to Tenant.
21. NOTICE OF ABSENCE FROM PREMISES: If
Tenant is to be absent from the leased premises for seven (7)
or more consecutive days, written notice of such should be
served upon Landlord. If such absences are to be customary
or frequent, the expected frequency and duration of absence
should be summarily noted here: _____________________
________________________________________________
________________________________________________
Tenant expressly agrees and understands that absence from
the premises, with or without notice, in no way obviates the
requirement to pay rent and other monies as stated herein, or
the consequences of failure to timely pay same.
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22. POSSESSION OF PREMISES: Tenant shall not be
entitled to possession of the premises designated for lease
until the security deposit and first month’s rent (or prorated
portion thereof), less any applicable promotional discount, is
paid in full and the premises designated for lease is vacated
by the prior tenant.
23. DELAY OF POSSESSION: Tenant expressly agrees
that if by reason of the premises being unready for
occupancy, or by reason of the previous tenant or occupant
of the dwelling holding over, or as a result of any other
cause whatsoever, Tenant is unable to enter and occupy the
premises, Landlord shall not be liable to Tenant in damages,
but shall abate the rent for the period in which the Tenant is
unable to occupy the premises.
24. MATERIALITY OF APPLICATION TO RENT:
All representations made by Tenant(s) on the Application to
Rent (or like-titled document) are material to the grant of
this Lease, and the Lease is granted only on condition of the
truthfulness and accuracy of said representations. If a failure
to disclose or lack of truthfulness is discovered on said
Application, Landlord may deem Tenant to be in breach of
this Lease.
25. MODIFICATION OF THIS LEASE: Any
modification of this lease shall not be binding upon Landlord
unless in writing and signed by Landlord or Landlord’s
authorized agent. No oral representation shall be effective to
modify this Lease. If, as per the terms of this paragraph, any
provision of this lease is newly added, modified, or stricken
out, the remainder of this Lease shall remain in full force
and effect.
26. REMEDIES NOT EXCLUSIVE: The remedies and
rights contained in and conveyed by this Lease are
cumulative, and are not exclusive of other rights, remedies
and benefits allowed by applicable Texas law.
27. SEVERABILITY: If any provision herein, or any
portion thereof, is rendered invalid by operation of law,
judgment, or court order, the remaining provisions and/or
portions of provisions shall remain valid and enforceable
and shall be construed to so remain.
28. NO WAIVER: The failure of Landlord to insist upon
the strict performance of the terms, covenants, and
agreements herein shall not be construed as a waiver or
relinquishment of Landlord's right thereafter to enforce any
such term, covenant, or condition, but the same shall
continue in full force and effect. No act or omission of
Landlord shall be considered a waiver of any of the terms or
conditions of this Lease, nor excuse any conduct contrary to
the terms and conditions of this Lease, nor be considered to
create a pattern of conduct between the Landlord and Tenant
upon which Tenant may rely upon if contrary to the terms
and conditions of this Lease.
29. ATTORNEY FEES: In the event that Landlord
employees an attorney to collect any rents or other charges
due hereunder by Tenant or to enforce any of Tenant's
covenants herein or to protect the interest of the Landlord
hereunder, Tenant agrees to pay a reasonable attorney's fee
and all expenses and costs incurred thereby, to the greatest
extent allowed by applicable law.
30. HEIRS AND ASSIGNS: It is agreed and understood
that all covenants of this lease shall succeed to and be
binding upon the respective heirs, executors, administrators,
successors and, except as provided herein, assigns of the
parties hereto, but nothing contained herein shall be
construed so as to allow the Tenant to transfer or assign this
lease in violation of any term hereof.
31. DESTRUCTION OF PREMISES: In the event the
leased premises shall be destroyed or rendered totally
untenable by fire, windstorm, or any other cause beyond the
control of Landlord, then this Lease shall cease and
terminate as of the date of such destruction, and the rent
shall then be accounted for between Landlord and Tenant up
to the time of such damage or destruction of said premises as
if being prorated as of that date. In the event the leased
premises are damaged by fire, windstorm or other cause
beyond the control of Landlord so as to render the same
partially untenable, but repairable within a reasonable time,
then this lease shall remain in force and effect and the
Landlord shall, within said reasonable time, restore said
premises to substantially the condition the premises were in
prior to said damage, and there shall be an abatement in rent
in proportion to the relationship the damaged portion of the
leased premises bears to the whole of said premises.
32. EMINENT DOMAIN: In the event that the leased
premises shall be taken by eminent domain, the rent shall be
prorated to the date of taking and this Lease shall terminate
on that date.
33. LANDLORD ENTRY: In addition to the rights
provided by applicable Texas law, Landlord shall have the
right to enter the leased premises at all reasonable times for
the purpose of inspecting the same and/or showing the same
to prospective tenants or purchasers, and to make such
reasonable repairs and alterations as may be deemed
necessary by Landlord for the preservation of the leased
premises or the building and to remove any alterations,
additions, fixtures, and any other objects which may be
affixed or erected in violation of the terms of this Lease.
Landlord shall give reasonable notice of intent to enter
premises except in the case of an emergency.
34. GOVERNING LAW: This Lease is governed by the
statutory and case law of the State of Texas.
35. LEAD-BASED PAINT DISCLOSURE: HOUSING
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BUILT BEFORE 1978 MAY CONTAIN LEAD-BASED
PAINT. LEAD FROM PAINT, PAINT CHIPS, AND
DUST CAN POSE HEALTH HAZARDS IF NOT
MANAGED PROPERLY. LEAD EXPOSURE IS
ESPECIALLY HARMFUL TO YOUNG CHILDREN
AND PREGNANT WOMEN. BEFORE RENTING
PRE-1978 HOUSING, LESSORS MUST DISCLOSE
THE PRESENCE OF KNOWN LEAD-BASED PAINT
AND/OR LEAD-BASED PAINT HAZARDS IN THE
DWELLING. LEASEES MUST ALSO RECEIVE A
FEDERALLY APPROVED PAMPHLET ON LEAD
POISONING PREVENTION.
Landlord states as follows: [Landlord check one]
The leased premises was constructed in 1978 or later.
The leased premises was constructed prior to 1978.
Landlord has conformed with all federal requirements
regarding lead-based paint disclosure including the
completion and mutual signing with Tenant and any agents,
of the Lead-Based Paint Disclosure Form attached hereto
and incorporated into this lease as a part hereof. All
associated information required by the Disclosure form (if
any) was furnished to Tenant, and Tenant received the EPA
pamphlet “Protect Your Family from Lead in Your Home.”
36.
LANDLORD LIABILITY AND TENANT
REMEDIES; NOTICE AND TIME FOR REPAIR.
(§ 92.056.)
(a) A landlord's liability under this section is
subject to Section 92.052(b) regarding conditions that are
caused by a tenant and Section 92.054 regarding conditions
that are insured casualties.
(b) A landlord is liable to a tenant as provided by
this subchapter if:
(1) the tenant has given the landlord
notice to repair or remedy a condition by giving that notice
to the person to whom or to the place where the tenant's rent
is normally paid;
(2) the condition materially affects the
physical health or safety of an ordinary tenant;
(3) the tenant has given the landlord a
subsequent written notice to repair or remedy the condition
after a reasonable time to repair or remedy the condition
following the notice given under Subdivision (1) or the
tenant has given the notice under Subdivision (1) by sending
that notice by certified mail, return receipt requested, or by
registered mail;
(4) the landlord has had a reasonable time
to repair or remedy the condition after the landlord received
the tenant's notice under Subdivision (1) and, if applicable,
the tenant's subsequent notice under Subdivision (3);
(5) the landlord has not made a diligent
effort to repair or remedy the condition after the landlord
received the tenant's notice under Subdivision (1) and, if
applicable, the tenant's notice under Subdivision (3); and
(6) the tenant was not delinquent in the
payment of rent at the time any notice required by this
subsection was given.
(c) For purposes of Subsection (b)(4) or (5), a
landlord is considered to have received the tenant's notice
when the landlord or the landlord's agent or employee has
actually received the notice or when the United States Postal
Service has attempted to deliver the notice to the landlord.
(d) For purposes of Subsection (b)(3) or (4), in
determining whether a period of time is a reasonable time to
repair or remedy a condition, there is a rebuttable
presumption that seven days is a reasonable time. To rebut
that presumption, the date on which the landlord received
the tenant's notice, the severity and nature of the condition,
and the reasonable availability of materials and labor and of
utilities from a utility company must be considered.
(e) Except as provided in Subsection (f), a tenant to
whom a landlord is liable under Subsection (b) of this
section may:
(1) terminate the lease;
(2)
have the condition repaired or
remedied according to Section 92.0561;
(3) deduct from the tenant's rent, without
necessity of judicial action, the cost of the repair or remedy
according to Section 92.0561; and
(4) obtain judicial remedies according to
Section 92.0563.
(f) A tenant who elects to terminate the lease under
Subsection (e) is:
(1) entitled to a pro rata refund of rent
from the date of termination or the date the tenant moves
out, whichever is later;
(2) entitled to deduct the tenant's security
deposit from the tenant's rent without necessity of lawsuit or
obtain a refund of the tenant's security deposit according to
law; and
(3) not entitled to the other repair and
deduct remedies under Section 92.0561 or the judicial
remedies under Subdivisions (1) and (2) of Subsection (a) of
Section 92.0563.
Text of subsection effective on January 1, 2008
(g) A lease must contain language in underlined or
bold print that informs the tenant of the remedies available
under this section and Section 92.0561.
37. TENANT'S REPAIR AND DEDUCT REMEDIES.
(§ 92.0561. )
(a) If the landlord is liable to the tenant under
Section 92.056(b), the tenant may have the condition
repaired or remedied and may deduct the cost from a
subsequent rent payment as provided in this section.
(b) The tenant's deduction for the cost of the
repair or remedy may not exceed the amount of one month's
rent under the lease or $500, whichever is greater. However,
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Form TX-864LT
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if the tenant's rent is subsidized in whole or in part by a
governmental agency, the deduction limitation of one
month's rent shall mean the fair market rent for the dwelling
and not the rent that the tenant pays. The fair market rent
shall be determined by the governmental agency subsidizing
the rent, or in the absence of such a determination, it shall be
a reasonable amount of rent under the circumstances.
(c) Repairs and deductions under this section
may be made as often as necessary so long as the total
repairs and deductions in any one month do not exceed one
month's rent or $500, whichever is greater.
(d) Repairs under this section may be made only
if all of the following requirements are met:
(1) The landlord has a duty to repair
or remedy the condition under Section 92.052, and the duty
has not been waived in a written lease by the tenant under
Subsection (e) or (f) of Section 92.006.
(2) The tenant has given notice to the
landlord as required by Section 92.056(b)(1), and, if
required, a subsequent notice under Section 92.056(b)(3),
and at least one of those notices states that the tenant intends
to repair or remedy the condition. The notice shall also
contain a reasonable description of the intended repair or
remedy.
(3) Any one of the following events
has occurred:
(A)
The landlord has
failed to remedy the backup or overflow of raw sewage
inside the tenant's dwelling or the flooding from broken
pipes or natural drainage inside the dwelling.
(B)
The landlord has
expressly or impliedly agreed in the lease to furnish potable
water to the tenant's dwelling and the water service to the
dwelling has totally ceased.
(C)
The landlord has
expressly or impliedly agreed in the lease to furnish heating
or cooling equipment;
the equipment is producing
inadequate heat or cooled air; and the landlord has been
notified in writing by the appropriate local housing,
building, or health official or other official having
jurisdiction that the lack of heat or cooling materially affects
the health or safety of an ordinary tenant.
(D)
The landlord has
been notified in writing by the appropriate local housing,
building, or health official or other official having
jurisdiction that the condition materially affects the health or
safety of an ordinary tenant.
(e) If the requirements of Subsection (d) of this
section are met, a tenant may:
(1) have the condition repaired or
remedied immediately following the tenant's notice of intent
to repair if the condition involves sewage or flooding as
referred to in Paragraph (A) of Subdivision (3) of Subsection
(d) of this section;
(2) have the condition repaired or
remedied if the condition involves a cessation of potable
water as referred to in Paragraph (A) of Subdivision (3) of
Subsection (d) of this section and if the landlord has failed to
repair or remedy the condition within three days following
the tenant's delivery of notice of intent to repair;
(3) have the condition repaired or
remedied if the condition involves inadequate heat or cooled
air as referred to in Paragraph (C) of Subdivision (3) of
Subsection (d) of this section and if the landlord has failed to
repair the condition within three days after delivery of the
tenant's notice of intent to repair; or
(4) have the condition repaired or
remedied if the condition is not covered by Paragraph (A),
(B), or (C) of Subdivision (3) of Subsection (d) of this
section and involves a condition affecting the physical health
or safety of the ordinary tenant as referred to in Paragraph
(D) of Subdivision (3) of Subsection (d) of this section and if
the landlord has failed to repair or remedy the condition
within seven days after delivery of the tenant's notice of
intent to repair.
(f) Repairs made pursuant to the tenant's notice
must be made by a company, contractor, or repairman listed
in the yellow or business pages of the telephone directory or
in the classified advertising section of a newspaper of the
local city, county, or adjacent county at the time of the
tenant's notice of intent to repair. Unless the landlord and
tenant agree otherwise under Subsection (g) of this section,
repairs may not be made by the tenant, the tenant's
immediate family, the tenant's employer or employees, or a
company in which the tenant has an ownership interest.
Repairs may not be made to the foundation or load-bearing
structural elements of the building if it contains two or more
dwelling units.
(g) A landlord and a tenant may mutually agree
for the tenant to repair or remedy, at the landlord's expense,
any condition of the dwelling regardless of whether it
materially affects the health or safety of an ordinary tenant.
However, the landlord's duty to repair or remedy conditions
covered by this subchapter may not be waived except as
provided by Subsection (e) or (f) of Section 92.006.
(h) Repairs made pursuant to the tenant's notice
must be made in compliance with applicable building codes,
including a building permit when required.
(i) The tenant shall not have authority to contract
for labor or materials in excess of what the tenant may
deduct under this section. The landlord is not liable to
repairmen, contractors, or material suppliers who furnish
labor or materials to repair or remedy the condition. A
repairman or supplier shall not have a lien for materials or
services arising out of repairs contracted for by the tenant
under this section.
(j) When deducting the cost of repairs from the
rent payment, the tenant shall furnish the landlord, along
with payment of the balance of the rent, a copy of the repair
bill and the receipt for its payment. A repair bill and receipt
may be the same document.
(k) If the landlord repairs or remedies the
condition or delivers an affidavit for delay under Section
92.0562 to the tenant after the tenant has contacted a
Residential Lease Agreement, Page 7
U.S. Legal Forms, Inc.
Form TX-864LT
http://www.uslegalforms.com
repairman but before the repairman commences work, the
landlord shall be liable for the cost incurred by the tenant for
the repairman's trip charge, and the tenant may deduct the
charge from the tenant's rent as if it were a repair cost.
38. ADDITIONAL PROVISIONS:
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Residential Lease Agreement, Page 8
U.S. Legal Forms, Inc.
Form TX-864LT
http://www.uslegalforms.com
WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:
LANDLORD
Sign: ___________________________________ Print: __________________________________ Date: ______________
TENANT
Sign: ___________________________________ Print: __________________________________ Date: ______________
TENANT
Sign: ___________________________________ Print: __________________________________ Date: ______________
TENANT
Sign: ___________________________________ Print: __________________________________ Date: ______________
TENANT
Sign: ___________________________________ Print: __________________________________ Date: ______________
Residential Lease Agreement, Page 9
U.S. Legal Forms, Inc.
Form TX-864LT
http://www.uslegalforms.com
THIS IS A SEPARATE INSTRUCTION PAGE REGARDING LEAD-BASED PAINT DISCLOSURE
THIS PAGE IS NOT PART OF THE LEASE. IT IS PROVIDED BY USLF TO AID THE
LANDLORD IN COMPLYING WITH FEDERAL LEAD-BASED PAINT DISCLOSURE
LAW, FOR DWELLING UNITS BUILT PRIOR TO 1978.
IMPORTANT!!! NOTES CONCERNING LEAD-PAINT DISCLOSURE REQUIREMENTS
Introduction: If the rental dwelling unit was constructed PRIOR TO 1978, federal law REQUIRES a LeadBased Paint Disclosure Form to be attached to the lease, completed and signed by the lessor/landlord and
lessee/tenant. If the rental dwelling was constructed in 1978 or later, this form is not required. If in doubt about
the timing of construction, use the disclosure form. Whenever the form is used, the landlord must also give the
tenant the EPA lead-based paint pamphlet discussed below. Landlords must retain a copy of the signed
disclosure form for no less than three years from the date the lease begins.
Background: To protect families from exposure to lead from paint, dust, and soil, Congress passed the
Residential Lead-Based Paint Hazard Reduction Act of 1992. HUD and EPA require the disclosure of known
information on lead-based paint and related hazards before the lease of most housing built before 1978.
Requirements: Before the lease is signed and agreed to, landlords must fully comply with lead-paint disclosure
law. Compliance is accomplished by:
(1) Fully completing and delivering to the tenants, as an attachment to the lease, the LEAD-BASED PAINT
DISCLOSURE form (the lessees/renters also initial and sign this form), and
(2) Giving the tenants the EPA pamphlet entitled "Protect Your Family From Lead In Your Home." (See the
download link for the pamphlet, below.)
Purchase the Disclosure Form: If you need to purchase a Lead-Based Paint Disclosure Form, you can easily
do so using USLF. http://www.uslegalforms.com/lead-paint-disclosure-forms.htm Click this link (or copy it into
the address window of you internet browser) and select your state. Two forms will be accessed. You want the
“LEAD2” form, for rental transactions (not the “LEAD1” form for sales). Click the “Information and Preview”
link for more info on the form, and then order the form.
The Free EPA Pamphlet: The landlord must give the tenants the EPA-approved information pamphlet on
identifying and controlling lead-based paint hazards entitled "Protect Your Family From Lead In Your Home."
You may obtain and print this pamphlet free by clicking the following download link (or copying the link into
the address window of your internet browser):
http://www.epa.gov/lead/pubs/leadpdfe.pdf
The form is in .pdf format and you will need the free Adobe Acrobat Reader to view the form. In the unlikely
circumstance that the Adobe Acrobat Reader is not installed on your computer, you can download it free from
http://www.adobe.com/products/acrobat/readstep2.html. The download is quick and easy.
~ Thank you for using USLF ~
U.S. Legal Forms, Inc.
Form TX-864LT
http://www.uslegalforms.com
Thank you for downloading our
Residential Lease Agreement
For Landlords who already have a Lease Agreement form, our database also offers
our Supplemental Lease Forms Package for your state – without the Lease – to
ensure you have all the forms necessary to complete your transaction.
The Supplemental Lease Forms Package contains the following state-specific forms:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Residential Lease Application
Consent to Background and Reference Check
Salary Verification for Potential Lease or Loan
Lead Based Paint Disclosure (Rental)
Inventory and Condition of Leased Premises: Pre-Lease
Inventory and Condition of Leased Premises: Post-Lease
Tenant Welcome Letter
Warning Notice for Failure to Pay Rent
Notice to Pay Rent or Lease Terminates (Residence)
Landlord Tenant Closing Statement
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