Standard Residential Lease

STANDARD RESIDENTIAL LEASE

This Standard Residential Lease Agreement (this “Lease” or “lease”) is entered into between

(“Landlord”) and (“Tenant”, whether singly or collectively).

1. PREMISES:

For good consideration, Landlord leases to Tenant the following real property:

Address:

legally described as:

in County, Texas, together with the following non-real-property items:

2. TERM:

A. Lease Term: The initial term of this lease begins on and ends at Midnight on

B. Delay of Occupancy: Tenant may terminate this Lease by giving written notice to Landlord if the Premises are not available to be occupied by Tenant by the fifth (5th) day after the Commencement Date because of construction on the Premises or a prior tenant's holding over of the Premises, in which event 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.

3. DEFINITIONS:

“Abandonment” occurs when all of the following occur:

(a) all occupants have vacated the Premises, 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 Landlord is prevented from entering the Premises, by affixing it to the outside of the main entry door, stating that Landlord considers the Premises 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.

“Injury” means (a) harm to or impairment or loss of property or its use or (b) harm to or death of a person.

“Landlord” means Landlord[s] and [his/her/their/its] agents, employees, invitees, licensees, or visitors.

“Normal wear and tear” means deterioration that occurs without negligence, carelessness, accident, or abuse.

“Rent” means Monthly Rent plus any other amounts of money payable by Tenant to Landlord.

“Surrender” occurs when all occupants have vacated the Premises, in Landlord's reasonable judgment, and one of the following events occurs: the date Tenant specifies as the move-out or termination date in a written notice to Landlord has passed; or

4. AUTOMATIC RENEWAL AND NOTICE OF TERMINATION:

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:

(1) 30 days before the Expiration Date.

(2) days before the Expiration Date.

B. In the event this Lease is renewed pursuant to Paragraph 4A above, 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:

(1) on the last day of the month following the month in which the notice is given.

(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.

5. RENT:

A. Monthly Rent: During the Lease, including any renewals, Tenant will pay Landlord monthly rent in the amount of $ for each full month, payable in advance on the first day of each month.

B. Prorated Rent: On or before , Tenant will pay Landlord $ as prorated rent from the Commencement Date through the last day of the month in which this Lease begins.

C. Place of Payment: Name:

Address:

D. Method of Payment: Tenant must pay all rent timely and without demand, deduction, or offset, except as permitted by law or this Lease.

6. LATE CHARGES:

A. If Landlord does not actually receive a rent payment in the full amount at the designated place of payment by 11:59 p.m. on the day after the date on which it is due, Tenant will pay Landlord for each late payment:

(1) an initial late charge equal to (a) $ ; or (b) % of one month's rent;

(2) additional late charges of $ per day thereafter until rent and late charges are paid in full.

C. Returned Checks: Tenant will pay Landlord $ for each check returned or not honored.

7. PETS:

A. Unless the parties agree otherwise in writing, Tenant may not permit, even temporarily, any pet on the Premises.

B. If Tenant or any guest of Tenant violates this Paragraph 7, Landlord may charge Tenant an initial amount of $ and $ per day thereafter.

8. SECURITY DEPOSIT:

A. Security Deposit: On or before execution of this Lease, Tenant will pay a security deposit to Landlord in the amount of $

9. UTILITIES:

A. Tenant will pay all utility costs except the following, which Landlord will pay:

10. USE AND OCCUPANCY:

A. Occupants:

B. Phone Numbers: Tenant must promptly inform Landlord of any changes in Tenant's phone numbers.

11. PARKING RULES:

Tenant may not permit more than vehicles on the Premises unless authorized by Landlord in writing.

12. ACCESS BY LANDLORD:

C. Trip Charges: Landlord may charge Tenant a trip charge of $

D. Keybox: Tenant authorizes placement of a keybox on the Premises: days before the end of the lease, and upon payment of $ for withdrawal.

13. CONDITION OF THE PREMISES:

A. Tenant has inspected the Premises and accepts it AS-IS provided that Landlord:

B. Tenant will complete an Inventory and Condition Form and deliver it to Landlord within days after the Commencement Date.

14. MOVE-OUT:

A. Move-Out Condition: Tenant will surrender the Premises in the same condition as when received, normal wear and tear excepted.

15. REPAIRS:

A. In the event of an emergency, call:

C. Payment of Repair Costs: Tenant will pay Landlord the first $ of the cost to repair each condition in need of repair.

(3) Appliances or items which will not be Repaired:

16. SECURITY DEVICES AND EXTERIOR DOOR LOCKS:

A. Landlord has rekeyed the security devices since the last occupant vacated the Premises or will rekey them within 7 days after Tenant moves in.

17. SMOKE DETECTORS:

Requests for additional installation, inspection, or repair of smoke detectors must be in writing.

18. INSURANCE:

A. Tenant represents that Tenant intends does not intend to purchase such insurance.

19. LIMITATION OF LIABILITY, INDEMNIFICATION:

Tenant will promptly reimburse Landlord for any loss or property damage caused by Tenant, guests, occupants, or pets.

20. HOLDOVER:

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.

21. RESIDENTIAL LANDLORD'S LIEN:

Landlord will have a lien for unpaid rent against all of Tenant's non-exempt personal property that is in the Premises.

22. SUBORDINATION:

This Lease and Tenant's leasehold interest are subject to certain liens, encumbrances, restrictive covenants, and owners' association rights.

23. CASUALTY LOSS OR CONDEMNATION:

Any proceeds or payment because of a casualty loss to the Premises will be Landlord's sole property.

24. SPECIAL PROVISIONS:

25. DEFAULT:

B. If Tenant fails to comply, Landlord may terminate Tenant's right to occupy the Premises by providing Tenant with at least day(s) written notice to vacate.

26. EARLY TERMINATION:

A. Military, Family Violence, Sexual Offenses: Tenants may have special statutory rights to terminate the Lease early in certain situations.

B. Assignment and Subletting: Tenant may not assign this lease or sublet the Premises without Landlord's written consent.

27. ATTORNEY'S FEES:

Any prevailing party in a legal proceeding brought under or related to this Lease is entitled to recover fees and costs.

28. ADDENDA:

Check all addenda that apply:

Addendum Regarding Lead-Based Paint

Inventory & Condition Form

Landlord's Additional Parking Rules

Pet Agreement

Protecting Your Home from Mold

Agreement for Application Deposit & Hold

Insurance

Agreement Between Brokers

Landlord's Rules & Regulations

Owners' Association Rules

Pool/Spa Maintenance Addendum

Residential Lease Application

Residential Lease Guaranty

Other:

29. REPRESENTATIONS:

Tenant's statements in this lease and any application for rental are material representations.

30. NOTICES:

Tenant E-mail:

Tenant Fax:

Landlord E-mail:

Landlord Fax:

31. MISCELLANEOUS:

Any statutory reference in this Lease refers to the Texas Property Code.

32. AGREEMENT OF PARTIES:

This Lease contains the entire agreement between Landlord and Tenant and may not be changed except by written agreement.

33. INFORMATION:

D. If all occupants over 18 years of age die during this Lease, Landlord may permit the person named below access and refund any security deposit remaining after deductions.

Name: Phone:

Address:

E-mail:

F. Landlord’s broker: will will not act as the property manager for landlord.