Texas Standard Residential Lease Agreement

TEXAS 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:

The real property and the non-real property are collectively called the "Premises".

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: (Check only one box.)

(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: (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 Premises 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.

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.

C. Oral notice of termination is not sufficient under any circumstances. Strict compliance is required and time is of the essence relative to the expiration and renewal of this Lease. 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.

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. Weekends, holidays, and mail delays do not excuse Tenant's obligation to timely pay rent.

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: Tenant will pay all amounts due to Landlord under this Lease to the following 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.

Name:

Address:

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 according to Paragraph 4A, Tenant will pay Landlord for each late payment:

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

(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 Tenant tenders to 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.

7. PETS:

A. Unless the parties agree otherwise in writing, Tenant may not permit, even temporarily, any pet on the Premises. If Landlord allows a pet, Tenant must execute a separate pet addendum and pay a pet deposit.

B. If Tenant or any guest of Tenant violates this Paragraph 7 or any agreement to keep a pet on the Premises, Landlord may take all or any of the following actions:

(1) declare Tenant to be in default of this Lease and exercise Landlord's remedies under Paragraph 25, charge Tenant, as additional rent, an initial amount of $ and $ per day thereafter per pet for each day Tenant violates the pet restrictions;

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 $ .

B. Interest: No interest or income will be paid to Tenant on the security deposit.

C. Refund: Tenant must give Landlord at least thirty (30) days written notice of surrender before Landlord is obligated to refund or account for the security deposit.

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.

(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 Premises and gives the landlord a written statement of the tenant's forwarding address, after which the landlord has 30 days in which to account.

D. Deductions:

9. UTILITIES:

A. Tenant will pay all connection fees, service fees, usage fees, and all other costs and fees for all utilities to the Premises except the following, which Landlord will pay:

B. Unless provided by Landlord, Tenant must keep the following utilities on at all times: gas; electricity; water; wastewater; and garbage services.

10. USE AND OCCUPANCY:

A. Occupants: The Premises may be used as a private residence only. The only persons Tenant may permit to reside on the Premises during the Term of this Lease are:

B. Phone Numbers: Tenant must promptly inform Landlord of any changes in Tenant's phone numbers (home, work, and mobile) not later than 5 days after a change.

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: If Landlord or Landlord's representatives have made prior arrangements with Tenant to access the Premises and are denied or are not able to access the Premises because of Tenant's failure to make the Premises accessible, Landlord may charge Tenant a trip charge of $ .

13. CONDITION OF THE PREMISES:

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

C. Tenant's General Responsibilities:

(1) keep the Premises 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 detectors and other devices;

D. Yard Maintenance:

(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:

(a) Landlord, at Landlord's expense, will maintain the yard.

(b) Tenant, at Tenant's expense, will maintain the yard.

(c) Tenant will maintain in effect a scheduled yard maintenance contract with:

14. MOVE-OUT:

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

15. REPAIRS:

A. Repair Requests: All requests for repairs must be in writing and delivered to Landlord. In the event of an emergency related to the condition of the Premises that materially affects the physical health or safety of an ordinary tenant, call: .

16. SECURITY DEVICES AND EXTERIOR DOOR LOCKS:

B. Installation of additional security devices or additional rekeying or replacement of security devices desired by Tenant will be paid by Tenant in advance.

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

18. INSURANCE

A. Insurance. Tenant and Landlord will maintain the respective insurance coverages described in the attached Insurance Addendum.

B. Release of Claims/Subrogation. This release applies as described in the Lease.

19. LIMITATION OF LIABILITY, INDEMNIFICATION: Tenant will promptly reimburse Landlord for any loss, property damage, or cost of repairs or service to the Premises caused by Tenant, Tenant's guests, any occupants, or any pets.

20. HOLDOVER: If Tenant or any occupant, invitee or guest fails to vacate the Premises at the time this Lease ends, Tenant will pay Landlord rent for the holdover period.

21. RESIDENTIAL LANDLORD'S LIEN: Landlord will have a lien for unpaid rent against all of Tenant's non-exempt personal property in the Premises.

22. SUBORDINATION: This Lease and Tenant's leasehold interest are subject to liens, encumbrances, restrictive covenants, and owners' association rights affecting the Premises.

23. CASUALTY LOSS OR CONDEMNATION: Section 92.054, Property Code governs the rights and obligations of the parties regarding a casualty loss to the Premises.

24. SPECIAL PROVISIONS:

25. DEFAULT:

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 Premises by providing Tenant with at least day(s) written notice to vacate;

26. EARLY TERMINATION:

B. Assignment and Subletting:

(4) At the time Landlord agrees to permit an assignee, subtenant, or replacement tenant to occupy the Premises, Tenant will pay Landlord:

(i) $

(ii) % of one's month rent that the assignee, subtenant, or replacement tenant is to pay.

(i) $

(ii) % of one's month rent that the assignee, subtenant, or replacement tenant is to pay.

27. ATTORNEY'S FEES: Any person who is a prevailing party in any legal proceeding brought under or related to 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.

28. ADDENDA:

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

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

30. NOTICES:

Tenant at the Premises and a copy to:

E-mail:

Fax:

Landlord c/o:

E-mail:

Fax:

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

32. AGREEMENT OF PARTIES:

33. INFORMATION:

D. Name: Phone:

Address:

E-mail:

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