REAL ESTATE LEASE
This Lease Agreement (this "Lease") is dated February 1, 2009, by and between Mike Wilkinson
DBA Orion Leasing ("Landlord"), and Mr. and Mrs. Jones ("Tenant"). The parties agree as
follows:
1. PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases
to Tenant 3 bedroom 2 bath 2 car garage (the "Premises") located at 506 Nandina, Allen, TX
75002.
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2. TERM. The lease term will begin on February 1, 2009 and will automatically renew every
12 months unless either party gives written notice to the other party at least thirty days prior
to the end of the initial term or any subsequent renewal term
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3. LEASE PAYMENTS. Tenant shall pay to Landlord lease payments of $1100.00, payable in
advance on the first day of each month. Lease payments shall be made payable to “Orion
Leasing” at 4024 Binley Dr., Richardson, TX, 75082 which may be changed from time to
time by Landlord.
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Additional Security Deposit Notices are:
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4. SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to
Landlord, in trust, a security deposit of $1100.00 to be held and disbursed for Tenant
damages to the Premises or other defaults under this Agreement (if any) as provided by law.
§92.108, Texas 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.
(b)
If deductions exceed the security deposit, Tenant will pay to Landlord the excess within
ten (10) days after Landlord makes written demand.
(c)
Bad faith violations of §92.108 may subject a tenant to liability up to three (3) times the
rent wrongfully withheld and the landlord’s reasonable attorney’s fees.
(d)
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 thirty (30)
days in which to account.
(e)
“Surrender” is defined in Paragraph 6 of this lease.
(f)
One may view the Texas Property Code at the Texas Legislature’s website which, as of
the date of the last revision of this lease, is http://tlo2.tlc.state.tx.us/statutes/pr.toc.htm.
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(a)
Landlord may deduct reasonable charges from the Security Deposit for the items listed
below.
(a)
damages to the Property, excluding normal wear and tear; If deductions exceed the
security deposit, Tenant will pay to Landlord the excess within 10 days after Landlord
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makes written demand.
attorney’s fees, costs of court, costs of service, and other reasonable costs incurred in
any legal proceeding against Tenant;
(c)
costs for which Tenant is responsible to clean, deodorize, exterminate, and maintain the
Property;
(d)
costs of reletting (as set forth in Paragraph 20), if Tenant is in default;
(e)
Landlord’s cost to access the Property if made inaccessible by Tenant;
(f)
mailing costs associated with sending notices to Tenant for any violations of this lease;
(g)
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 as of the commencement date of this
Agreement);
(h)
packing, removing, and storing abandoned property;
(i)
removing abandoned or illegally parked vehicles;
(j)
replacing unreturned keys, garage door openers, security devices, or other components;
(k)
the removal of unauthorized locks or fixtures installed by Tenant;
(l)
unpaid charges or fees for which Tenant is responsible under this lease;
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(b)
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(m) unpaid late charges (as set forth in Paragraph 19);
unpaid or accelerated rent;
(o)
unpaid pet charges (as set forth in Paragraph 8);
(p)
unpaid utilities (as set forth in Paragraph 10);
(q)
other items Tenant is responsible to pay under this lease.
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(n)
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5. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this
Lease, and shall yield possession to Landlord on the last day of the term of this Lease, unless
otherwise agreed by both parties in writing.
6. SURRENDER of PREMISES. At the expiration of the term, Tenant shall remove its goods
and effects and peaceably yield up the Premises to Landlord in as good a condition as when
delivered to Tenant, ordinary wear and tear excepted.
7. OCCUPANTS. No more than 4 person(s) may reside on the Premises unless the prior
written consent of the Landlord is obtained.
8. PETS. Pets shall not be allowed without the prior written consent of the Landlord. At the
time of signing this Lease, Tenant shall pay to Landlord, in trust, a non-refundable deposit of
$400.00 per pet, to be held and disbursed for pet damages to the Premises (if any) as
provided by law. Any damage to the property as a result of a pet is subject to be collected
from the tenant upon demand. This deposit is in addition to any other security deposit stated
in this Lease.
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9. PROPERTY INSURANCE. Landlord and Tenant shall each be responsible to maintain
appropriate insurance for their respective interests in the Premises and property located on
the Premises.
10. UTILITIES AND SERVICES. Tenant shall be responsible for all utilities and services
incurred in connection with the Premises.
11. LANDLORD MAINTAINENCE. Landlord will, at its sole expense, perform the following
routine maintenance activities during the term of this Agreement and any renewal thereof.
Landlord shall:
maintain lawn by mowing and edging;
(b)
termite inspection and termite extermination.
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(a)
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12. MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense, keep and
maintain the Premises and appurtenances in good and sanitary condition and repair during
the term of this Agreement and any renewal thereof. Without limiting the generality of the
foregoing, Tenant shall:
keep all air conditioning filters clean and free from dirt;
(d)
replace air conditioning filters EACH and EVERY month;
(e)
exterminate as necessary to keep property free of insects and rodents;
(f)
maintain flowerbeds, bushes, and other landscaping;
(g)
if property has a sprinkler system, program sprinkler to keep lawn, landscaping, and
foundation watered appropriately;
(h)
if property doesn’t have a sprinkler system, regularly water the lawn, landscaping, and
foundation;
(i)
not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which
shall be used for the purposes of ingress and egress only;
(j)
keep all windows, glass, window coverings, doors, locks and hardware in good, clean
order and repair;
(k)
not obstruct or cover the windows or doors;
(l)
not leave windows or doors in an open position during any inclement weather;
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(c)
(m) not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony
nor air or dry any of same within any yard area or space;
(n)
not cause or permit any locks or hooks to be placed upon any door or window without
the prior written consent of Landlord;
(o)
keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good
order and repair and shall use same only for the purposes for which they were
constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other
substances to be thrown or deposited therein. Any damage to any such apparatus and
the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant;
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(p)
and Tenant's family and guests shall at all times maintain order in the Premises and at
all places on the Premises, and shall not make or permit any loud or improper noises, or
otherwise disturb other residents;
(q)
keep all radios, television sets, stereos, phonographs, etc., turned down to a level of
sound that does not annoy or interfere with other residents;
(r)
deposit all trash, garbage, rubbish or refuse in the locations provided thereof and shall
not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on
the exterior of any building or within the common elements;
(s)
abide by and be bound by any and all rules and regulations affecting the Premises or
the common area appurtenant thereto which may be adopted or promulgated by the
Condominium or Homeowners' Association having control over them.
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13. TAXES. Taxes attributable to the Premises or the use of the Premises shall be allocated as
follows: Landlord shall pay all real estate taxes and assessments for the Premises.
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14. HABITABILITY. Tenant has inspected the Premises and fixtures (or has had the Premises
inspected on behalf of Tenant), and acknowledges that the Premises are in a reasonable and
acceptable condition of habitability for their intended use, and the agreed lease payments are
fair and reasonable. If the condition changes so that, in Tenant's opinion, the habitability and
rental value of the Premises are adversely affected, Tenant shall promptly provide reasonable
notice to Landlord.
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15. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as
being payable by Tenant and Tenant's performance of all Tenant's agreements contained
herein and Tenant's observance of all rules and regulations, shall and may peacefully and
quietly have, hold and enjoy said Premises for the term hereof.
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16. USE OF PREMISES. The Premises shall be used and occupied by Tenant and Tenant's
immediate family exclusively as a private single family dwelling, and no part of the Premises
shall be used at any time during the term of this Agreement by Tenant for the purpose of
carrying on any business, profession, or trade of any kind, or for any purpose other than as a
private single family dwelling. Tenant shall not allow any other person, other than Tenant's
immediate family or transient relatives and friends who are guests of Tenant, to use or
occupy the Premises without first obtaining Landlord's written consent to such use. Tenant
shall comply with any and all laws, ordinances, rules and orders of any and all governmental
or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation
of the Premises. Tenant shall notify Landlord of any anticipated extended absence from the
Premises not later than the first day of the extended absence.
17. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the
buildings or improvements on the Premises or construct any building or make any other
improvements on the Premises without the prior written consent of Landlord. Any and all
alterations, changes, and/or improvements built, constructed or placed on the Premises by
Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant,
be and become the property of Landlord and remain on the Premises at the expiration or
earlier termination of this Agreement.
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18. DEFAULTS. Tenant shall be in default of this Lease if Tenant fails to fulfill any lease
obligation or term by which Tenant is bound. Subject to any governing provisions of law to
the contrary, if Tenant fails to cure any financial obligation within 5 days (or any other
obligation within 10 days) after written notice of such default is provided by Landlord to
Tenant, Landlord may elect to cure such default and the cost of such action shall be added to
Tenant's financial obligations under this Lease. All sums of money or charges required to be
paid by Tenant under this Lease shall be additional rent, whether or not such sums or charges
are designated as "additional rent". The rights provided by this paragraph are cumulative in
nature and are in addition to any other rights afforded by law.
19. LATE PAYMENTS. For each payment that is not paid within 5 days after its due date,
Tenant shall pay a late fee equal to $50 plus $5.00 per day thereafter..
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20. ABANDONMENT. If at any time during the term of this Agreement Tenant abandons the
Premises or any part thereof, Landlord may, at Landlord's option, obtain possession of the
Premises in the manner provided by law, and without becoming liable to Tenant for damages
or for any payment of any kind whatever. Landlord may, at Landlord's discretion, as agent
for Tenant, relet the Premises, or any part thereof, for the whole or any part thereof, for the
whole or any part of the then unexpired term, and may receive and collect all rent payable by
virtue of such reletting, and, at Landlord's option, hold Tenant liable for any difference
between the rent that would have been payable under this Agreement during the balance of
the unexpired term, if this Agreement had continued in force, and the net rent for such period
realized by Landlord by means of such reletting. If Landlord's right of reentry is exercised
following abandonment of the Premises by Tenant, then Landlord shall consider any personal
property belonging to Tenant and left on the Premises to also have been abandoned, in which
case Landlord may dispose of all such personal property in any manner Landlord shall deem
proper and Landlord is hereby relieved of all liability for doing so.
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21. EMERGENCY ENTRY AND INSPECTION. Tenants shall make the premises available
to Landlord or Landlord’s agents for the purposes of making repairs or improvements, or to
supply agreed services or show the premises to prospective buyers or tenants, or in case of
emergency. Except in case of emergency, Landlord shall give Tenants reasonable notice of
intent to enter. In order to facilitate Landlord’s right of access, Tenants shall not, without
Landlord’s prior written consent, add, alter or re-key any locks to the premises. At all times
Landlord shall be provided with a key or keys capable of unlocking all such locks and
gaining entry. Tenants further agree to notify Landlord in writing if Tenants install any
burglar alarm system, including instructions on how to disarm it in case of emergency entry.
22. ATTORNEYS' FEES. Should it become necessary for Landlord to employ an attorney to
enforce any of the conditions or covenants hereof, including the collection of rentals or
gaining possession of the Premises, Tenant agrees to pay all expenses so incurred, including
a reasonable attorneys' fee.
23. HOLDOVER. If Tenant maintains possession of the Premises for any period after the
termination of this Lease ("Holdover Period"), Tenant shall pay to Landlord lease payment(s)
during the Holdover Period at a rate equal to 150 % of the most recent rate preceding the
Holdover Period. Such holdover shall constitute a month-to-month extension of this Lease.
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24. CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and
shall not be construed as exclusive unless otherwise required by law.
25. NON-SUFFICIENT FUNDS. Tenant shall be charged $50.00 for each check that is
returned to Landlord for lack of sufficient funds.
26. DANGEROUS MATERIALS. Tenant shall not keep or have on the Premises any article or
thing of a dangerous, flammable, or explosive character that might substantially increase the
danger of fire on the Premises, or that might be considered hazardous by a responsible
insurance company, unless the prior written consent of Landlord is obtained and proof of
adequate insurance protection is provided by Tenant to Landlord.
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27. ASSIGNABILITY/SUBLETTING. Tenant may not assign or sublease any interest in the
Premises, nor assign, mortgage or pledge this Lease, without the prior written consent of
Landlord, which shall not be unreasonably withheld.
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28. NOTICE. Notices under this Lease shall not be deemed valid unless given or served in
writing and forwarded by mail, postage prepaid, addressed to the party at the appropriate
address set forth below. Such addresses may be changed from time to time by either party by
providing notice as set forth below. Notices mailed in accordance with these provisions shall
be deemed received on the third day after posting.
TENANT:
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LANDLORD:
Mr. and Mrs. Jones
506 Nandina, Allen, TX 75002
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Mike Wilkinson
4024 Binley Dr., Richardson, TX 75082
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Such addresses may be changed from time to time by either party by providing notice as set forth
above.
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29. GOVERNING LAW. This Lease shall be construed in accordance with the laws of the
State of Texas.
30. ENTIRE AGREEMENT/AMENDMENT. This Lease contains the entire agreement of the
parties and there are no other promises, conditions, understandings or other agreements,
whether oral or written, relating to the subject matter of this Lease. This Lease may be
modified or amended in writing, if the writing is signed by the party obligated under the
amendment.
31. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of
reference only and they are not intended to have any affect whatsoever in determining the
rights or obligations of the Landlord or Tenant.
32. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either
gender or both, singular and plural.
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33. MODIFICATION. The parties hereby agree that this document contains the entire
agreement between the parties and this Agreement shall not be modified, changed, altered or
amended in any way except through a written amendment signed by all of the parties hereto.
34. SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable
for any reason, the remaining provisions shall continue to be valid and enforceable. If a court
finds that any provision of this Lease is invalid or unenforceable, but that by limiting such
provision it would become valid and enforceable, then such provision shall be deemed to be
written, construed, and enforced as so limited.
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35. WAIVER. The failure of either party to enforce any provisions of this Lease shall not be
construed as a waiver or limitation of that party's right to subsequently enforce and compel
strict compliance with every provision of this Lease.
36. BINDING EFFECT. The provisions of this Lease shall be binding upon and inure to the
benefit of both parties and their respective legal representatives, successors and assigns.
TENANT:
_______________________________
Mike Wilkinson DBA Orion Leasing
_______________________________
_______________________________
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LANDLORD:
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