2021-Apartment-Lease-Contract-SAMPLE-11-23-21.pdf

SAMPLE ONLY

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G. Late Fees (Par. 3.3)

Initial Late Fee

r __________% of one month’s monthly base rent or

r $ _____________________

Due if rent unpaid by 11:59 p.m. on the ___________________________________ (3rd or greater) day of the month

A. Apartment (Par. 2)

Street Address: ____________________________________________________________________________________________________

Apartment No. _________________________ City: ______________________________________ State: ___ Zip: ____________________

B. Initial Lease Term. Begins:_____________________________________ Ends at 11:59 p.m. on:_________________________________

This Lease is valid only if lled out before January 1, 2024.

Apartment Lease Contract

This is a binding contract. Read carefully before signing.

This Lease Contract (“Lease”) is between you, the resident(s) as listed below and us. The terms “you” and “your” refer to all residents.

The terms “we,” “us,” and “our” refer to the owner listed below.

PARTIES

Residents ____________________________________________ Owner _____________________________________________

______________________________________________________ ____________________________________________________

______________________________________________________

______________________________________________________ Occupants __________________________________________

______________________________________________________ ____________________________________________________

_______________________________________________________

______________________________________________________ ____________________________________________________

LEASE DETAILS

C. Monthly Base Rent (Par. 3)

$ ___________________________

D. Prorated Rent

$ ____________________________

r due for the remainder of 1st

month or

r for 2nd month

E. Security Deposit (Par. 5)

$ ____________________________

Note that this amount does not

include any Animal Deposit, which

would be reected in an Animal

Addendum.

F. Notice of Termination or Intent to Move Out (Par. 4)

A minimum of ____________________ days’ written notice of

termination or intent to move out required at end of initial Lease

term or during renewal period

If the number of days isn’t lled in, notice of at least 30 days

is required.

H. Returned Check or Rejected

Payment Fee (Par. 3.4)

$ ____________________________

J. Optional Early Termination Fee (Par. 7.2)

$ ___________________________________

Notice of _______________ days is required.

You are not eligible for early termination if

you are in default.

Fee must be paid no later than __________

days after you give us notice

If values are blank or “0,” then this section does

not apply.

K. Animal Violation Charge (Par. 12.2)

Initial charge of $ _________________ per animal (not

to exceed $100 per animal) and

A daily charge of $ ___________________ per animal

(not to exceed $10 per day per animal)

L. Additional Rent - Monthly Recurring Fixed Charges. You will pay separately for these items as outlined below and/or in separate addenda,

Special Provisions or an amendment to this Lease.

Animal rent $ ____________________________ Cable/satellite $ _______________________ Concierge trash $ ___________________

Internet $ _____________________________ Package service $ _______________________ Pest control $ ___________________

Storage $ ____________________________ Stormwater/drainage $ ___________________ Washer/Dryer $ ___________________

Other: ________________________________________________________________________________________ $ ______________________

M. Other Variable Charges. You will pay separately for gas, water, wastewater, electricity, trash/recycling, utility billing fees and other items as

outlined in separate addenda, Special Provisions or an amendment to this Lease.

Utility Connection Charge or Transfer Fee: $ ___________________ (not to exceed $50) to be paid within 5 days of written notice (Par. 3.5)

Special Provisions. See Par. 32 or additional addenda attached. The Lease cannot be changed unless in writing and signed by you and us.

Daily Late Fee

r _________ % of one month’s monthly base rent for _______ days or

r $ _________________________________ for _____ days

I. Reletting Charge (Par. 7.1)

A reletting charge of $ ___________

(not to exceed 85% of the highest

monthly Rent during the Lease term)

may be charged in certain default

situations

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LEASE TERMS AND CONDITIONS

1. Denitions. The following terms are commonly used in this Lease:

1.1. “Residents” are those listed in “Residents” above who sign

the Lease and are authorized to live in the apartment.

1.2. “Occupants” are those listed in this Lease who are also autho-

rized to live in the apartment, but who do not sign the Lease.

1.3. “Owner” may be identied by an assumed name and is the

owner only and not property managers or anyone else.

1.4. “Including” in this Lease means “including but not limited to.”

1.5. “Community Policies” are the written apartment rules and

policies, including property signage and instructions for

care of our property and amenities, with which you, your

occupants, and your guests must comply.

1.6. “Rent” is monthly base rent plus additional recurring

monthly charges.

2. Apartment. You are leasing the apartment listed above for use as a

private residence only.

2.1. Access. In accordance with our Community Policies, you’ll

receive access information or devices for your apartment

and mailbox, and other access devices including: __________

_______________________________________________

______________________________________________.

2.2. Measurements. Any dimensions and sizes provided to you

relating to the apartment are only approximations or

estimates; actual dimensions and sizes may vary.

2.3. Representations. You agree that designations or accredi-

tations associated with the property are subject to change.

3. Rent. You must pay your Rent on or before the 1st day of each

month (due date) without demand. There are no exceptions

regarding the payment of Rent, and you agree not paying Rent on

or before the 1st of each month is a material breach of this Lease.

3.1. Payments. You will pay your Rent by any method, manner

and place we specify in accordance with our Community

Policies. Cash is not acceptable without our prior written

permission. You cannot withhold or oset Rent unless

authorized by law. We may, at our option, require at any

time that you pay Rent and other sums due in one single

payment by any method we specify.

3.2. Application of Payments. Payment of each sum due is an

independent covenant, which means payments are due

regardless of our performance. When we receive money,

other than water and wastewater payments subject to

government regulation, we may apply it at our option and

without notice rst to any of your unpaid obligations, then

to accrued rent. We may do so regardless of notations on

checks or money orders and regardless of when the

obligations arose. All sums other than Rent and late fees are

due upon our demand. After the due date, we do not have

to accept any payments.

3.3. Late Fees. If we don’t receive your monthly base rent in full

when it’s due, you must pay late fees as outlined in Lease Details.

3.4. Returned Payment Fee. You’ll pay the fee listed in Lease

Details for each returned check or rejected electronic

payment, plus initial and daily late fees if applicable, until

we receive full payment in an acceptable method.

3.5. Utilities and Services. You’ll pay for all utilities and services,

related deposits, and any charges or fees when they are due

and as outlined in this Lease. Television channels that are

provided may be changed during the Lease term if the

change applies to all residents.

If your electricity is interrupted, you must use only battery-

operated lighting (no ames). You must not allow any

utilities (other than cable or Internet) to be cut o or

switched for any reason—including disconnection for not

paying your bills—until the Lease term or renewal period

ends. If a utility is individually metered, it must be connected

in your name and you must notify the provider of your move-

out date. If you delay getting service turned on in your name

by the Lease’s start date or cause it to be transferred back into

our name before you surrender or abandon the apartment,

you’ll be liable for the charge listed above (not to exceed $50

per billing period), plus the actual or estimated cost of the

utilities used while the utility should have been billed to you.

If your apartment is individually metered and you change

your retail electric provider, you must give us written notice.

You must pay all applicable provider fees, including any fees

to change service back into our name after you move out.

3.6. Lease Changes. Lease changes are only allowed during the

Lease term or renewal period if governed by Par. 10, specied

in Special Provisions in Par. 32, or by a written addendum or

amendment signed by you and us. At or after the end of the

initial Lease term, Rent increases will become eective with at

least 5 days plus the number of days’ advance notice contained

in Box F on page 1 in writing from us to you. Your new Lease,

which may include increased Rent or Lease changes, will begin

on the date stated in any advance notice we provide (without

needing your signature) unless you give us written move-out

notice under Par. 25, which applies only to the end of the current

Lease term or renewal period.

4. Automatic Lease Renewal and Notice of Termination. This Lease

will automatically renew month-to-month unless either party gives

written notice of termination or intent to move out as required by Par.

25 and specied on page 1. If the number of days isn’t lled in, no-

tice of at least 30 days is required.

5. Security Deposit. The total security deposit for all residents is due

on or before the date this Lease is signed. Any animal deposit will be

designated in an animal addendum. Security deposits may not be ap-

plied to Rent without our prior written consent.

5.1. Refunds and Deductions. You must give us your advance

notice of move out as provided by Par. 25 and forwarding

address in writing to receive a written description and

itemized list of charges or refund. In accordance with our

Community Policies and as allowed by law, we may deduct

from your security deposit any amounts due under the

Lease. If you move out early or in response to a notice to

vacate, you’ll be liable for rekeying charges. Upon receipt of

your move-out date and forwarding address in writing, the

security deposit will be returned (less lawful deductions)

with an itemized accounting of any deductions, no later than

30 days after surrender or abandonment, unless laws provide

otherwise. Any refund may be by one payment jointly payable

to all residents and distributed to any one resident we choose,

or distributed equally among all residents.

6. Insurance. Our insurance doesn’t cover the loss of or damage to

your personal property. You will be required to have liability insur-

ance as specied in our Community Policies or Lease addenda un-

less otherwise prohibited by law. If you have insurance covering the

apartment or your personal belongings at the time you or we suer

or allege a loss, you agree to require your insurance carrier to waive

any insurance subrogation rights. Even if not required, we urge you

to obtain your own insurance for losses due to theft, re, ood, water,

pipe leaks and similar occurrences. Most renter’s insurance policies

don’t cover losses due to a ood.

7. Reletting and Early Lease Termination. This Lease may not be ter-

minated early except as provided in this Lease.

7.1. Reletting Charge. You’ll be liable for a reletting charge as

listed in Lease Details, (not to exceed 85% of the highest

monthly Rent during the Lease term) if you: (A) fail to move in,

or fail to give written move-out notice as required in Par. 25;

(B) move out without paying Rent in full for the entire Lease

term or renewal period; (C) move out at our demand because

of your default; or (D) are judicially evicted. The reletting

charge is not a termination, cancellation or buyout fee and

does not release you from your obligations under this Lease,

including liability for future or past-due Rent, charges for

damages or other sums due.

The reletting charge is a liquidated amount covering only

part of our damages—for our time, eort, and expense in

nding and processing a replacement resident. These

damages are uncertain and hard to ascertain—particularly

those relating to inconvenience, paperwork, advertising,

showing apartments, utilities for showing, checking pros-

pects, overhead, marketing costs, and locator-service fees.

You agree that the reletting charge is a reasonable estimate

of our damages and that the charge is due whether or not our

reletting attempts succeed.

7.2. Early Lease Termination Procedures. In addition to your

termination rights referred to in 7.3 or 8.1 below, if this provision

applies under Lease Details, you may terminate the Lease

prior to the end of the Lease term if all of the following

occur: (a) as outlined in Lease Details, you give us written

notice of early termination, pay the early termination fee and

specify the date by which you’ll move out; (b) you are not in

default at any time and do not hold over; and (c) you repay all

rent concessions, credits or discounts you received during the

Lease term. If you are in default, the Lease remedies apply.

7.3. Special Termination Rights. You may have the right under

Texas law to terminate the Lease early in certain situations

involving military deployment or transfer, family violence,

certain sexual oenses, stalking or death of a sole resident.

8. Delay of Occupancy. We are not responsible for any delay of your

occupancy caused by construction, repairs, cleaning, or a previous

resident’s holding over. This Lease will remain in force subject to

(1) abatement of Rent on a daily basis during delay, and (2) your right

to terminate the Lease in writing as set forth below. Rent abatement

and Lease termination do not apply if the delay is for cleaning or re-

pairs that don’t prevent you from moving into the apartment.

8.1. Termination. If we give written notice to you of a delay in

occupancy when or after the Lease begins, you may termi-

nate the Lease within 3 days after you receive written notice.

If we give you written notice before the date the Lease begins

and the notice states that a construction or other delay is

expected and that the apartment will be ready for you to

occupy on a specic date, you may terminate the Lease within

7 days after receiving written notice.

After proper termination, you are entitled only to refund of

any deposit(s) and any Rent you paid.

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9. Care of Unit and Damages. You must promptly pay or reimburse

us for loss, damage, consequential damages, government nes or

charges, or cost of repairs or service in the apartment community

because of a Lease or Community Policies violation; improper use,

negligence, or other conduct by you, your invitees, your occupants,

or your guests; or, as allowed by law, any other cause not due to our

negligence or fault, except for damages by acts of God to the extent

they couldn’t be mitigated by your action or inaction.

Unless damage or wastewater stoppage is due to our negligence,

we’re not liable for—and you must pay for—repairs and replace-

ments occurring during the Lease term or renewal period, includ-

ing: (A) damage from wastewater stoppages caused by improper

objects in lines exclusively serving your apartment; (B) damage to

doors, windows, or screens; and (C) damage from windows or doors

left open.

RESIDENT LIFE

10. Community Policies. Community Policies become part of the

Lease and must be followed. We may make changes, including addi-

tions, to our written Community Policies, and those changes can be-

come eective immediately if the Community Policies are distributed

and applicable to all units in the apartment community and do not

change the dollar amounts in Lease Details.

10.1. Photo/Video Release. You give us permission to use any

photograph, likeness, image or video taken of you while

you are using property common areas or participating in

any event sponsored by us.

10.2. Disclosure of Information. At our sole option, we may,

but are not obligated to, share and use information related

to this Lease for law-enforcement, governmental, or business

purposes. At our request, you authorize any utility provider to

give us information about pending or actual connections or

disconnections of utility service to your apartment.

10.3. Guests. We may exclude from the apartment community

any guests or others who, in our sole judgment, have been

violating the law, violating this Lease or our Community

Policies, or disturbing other residents, neighbors, visitors,

or owner representatives. We may also exclude from any

outside area or common area anyone who refuses to show

photo identication or refuses to identify himself or

herself as a resident, an authorized occupant, or a guest of

a specic resident in the community.

Anyone not listed in this Lease cannot stay in the

apartment for more than _______ days in one week

without our prior written consent, and no more than twice

that many days in any one month. If the previous space

isn’t lled in, 2 days total per week will be the limit.

10.4. Notice of Convictions and Registration. You must

notify us within 15 days if you or any of your occupants:

(A) are convicted of any felony, (B) are convicted of any

misdemeanor involving a controlled substance, violence to

another person, or destruction of property, or (C) register as a

sex oender. Informing us of a criminal conviction or

sex-oender registration doesn’t waive any rights we may

have against you.

10.5. Odors and Noise. You agree that odors, smoke and

smells including those related to cooking and everyday

noises or sounds are all a normal part of a multifamily

living environment and that it is impractical for us to

prevent them from penetrating your apartment.

11. Conduct. You agree to communicate and conduct yourself in a law-

ful, courteous and reasonable manner at all times when interacting

with us, our representatives and other residents or occupants. Any

acts of unlawful, discourteous or unreasonable communication or

conduct by you, your occupants or guests is a breach of this Lease.

You must use customary diligence in maintaining the apartment,

keeping it in a sanitary condition and not damaging or littering the

common areas. Trash must be disposed of at least weekly. You will

use your apartment and all other areas, including any balconies, with

reasonable care. We may regulate the use of passageways, patios,

balconies, porches, and activities in common areas.

11.1. Prohibited Conduct. You, your occupants, and your

guests will not engage in unlawful, discourteous or

unreasonable behavior including, but not limited to, any of

the following activities:

(a) criminal conduct; manufacturing, delivering, or

possessing a controlled substance or drug parapher-

nalia; engaging in or threatening violence; possessing

a weapon prohibited by state law; discharging a rearm

in the apartment community; or, except when

allowed by law, displaying or possessing a gun, knife,

or other weapon in the common area, or in a way that

may alarm others;

(b) behaving in a loud, obnoxious or dangerous manner;

or convenience of others, including us, our agents, or our

representatives;

(d) disrupting our business operations;

(e) storing anything in closets containing water heaters or

gas appliances;

(f) tampering with utilities or telecommunication

equipment;

(g) bringing hazardous materials into the apartment

community;

(h) using windows for entry or exit;

(i) heating the apartment with gas-operated appliances;

(j) making bad-faith or false allegations against us or our

agents to others;

(k) smoking of any kind, that is not in accordance with our

Community Policies or Lease addenda;

(l) using glass containers in or near pools; or

(m) conducting any kind of business (including child-care

services) in your apartment or in the apartment

community—except for any lawful business

conducted “at home” by computer, mail, or telephone if

customers, clients, patients, employees or other

business associates do not come to your apartment

for business purposes.

12. Animals. No living creatures of any kind are allowed, even tempo-

rarily, anywhere in the apartment or apartment community un-

less we’ve given written permission. If we allow an animal, you must

sign a separate Animal Addendum and, except as set forth in the ad-

dendum, pay an animal deposit and applicable fees and additional

monthly rent, as applicable. An animal deposit is considered a gener-

al security deposit. You represent that any requests, statements and

representations you make, including those for an assistance or sup-

port animal, are true, accurate and made in good faith. Feeding stray,

feral or wild animals is a breach of this Lease.

12.1. Removal of Unauthorized Animal. We may remove an

unauthorized animal by (1) leaving, in a conspicuous

place in the apartment, a written notice of our intent to

remove the animal within 24 hours; and (2) following the

procedures of Par. 14. We may: keep or kennel the animal;

turn the animal over to a humane society, local authority

or rescue organization; or return the animal to you if

we consent to your request to keep the animal and you

have completed and signed an Animal Addendum and

paid all fees. When keeping or kenneling an animal, we

won’t be liable for loss, harm, sickness, or death of the

animal unless due to our negligence. You must pay for

the animal’s reasonable care and kenneling charges.

12.2. Violations of Animal Policies and Charges. If you or

any guest or occupant violates the animal restrictions of

this Lease or our Community Policies, you’ll be subject to

charges, damages, eviction, and other remedies

provided in this Lease, including animal violation charges

listed in Lease Details from the date the animal was

brought into your apartment until it is removed. If an

animal has been in the apartment at any time during

your term of occupancy (with or without our consent),

we’ll charge you for all cleaning and repair costs,

including deeaing, deodorizing, and shampooing. Initial

and daily animal-violation charges and animal-removal

charges are liquidated damages for our time,

inconvenience, and overhead in enforcing animal

restrictions and Community Policies.

13. Parking. You may not be guaranteed parking. We may regulate the

time, manner, and place of parking of all motorized vehicles and

other modes of transportation, including bicycles and scooters, in

our Community Policies. In addition to other rights we have to tow or

boot vehicles under state law, we also have the right to remove, at the

expense of the vehicle owner or operator, any vehicle that is not in

compliance with our Community Policies.

14. When We May Enter. If you or any other resident, guest or occupant

is present, then repair or service persons, contractors, law ocers,

government representatives, lenders, appraisers, prospective resi-

dents or buyers, insurance agents, persons authorized to enter under

your rental application, or our representatives may peacefully enter

the apartment at reasonable times for reasonable business purposes.

If nobody is in the apartment, then any such person may enter peace-

fully and at reasonable times (by breaking a window or other means

when necessary) for reasonable business purposes if written notice of

the entry is left in a conspicuous place in the apartment immediately

after the entry. We are under no obligation to enter only when you

are present, and we may, but are not obligated to, give prior notice or

make appointments.

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15. Requests, Repairs and Malfunctions.

15.1. Written Requests Required. If you or any occupant needs

to send a request—for example, for repairs, installations,

services, ownership disclosure, or security-related matters—

it must be written and delivered to our designated

representative in accordance with our Community Policies

(except for fair-housing accommodation or modication

requests or situations involving imminent danger or threats to

health or safety, such as re, smoke, gas, explosion, or crime in

progress). Our written notes regarding your oral request do

not constitute a written request from you. Our complying

with or responding to any oral request doesn’t waive the strict

requirement for written notices under this Lease. A request

for maintenance or repair by anyone residing in your

apartment constitutes a request from all residents. The time,

manner, method and means of performing maintenance

and repairs, including whether or which vendors to use,

are within our sole discretion.

15.2. Your Requirement to Notify. You must promptly notify us in

writing of air conditioning or heating problems, water leaks or

moisture, mold, electrical problems, malfunctioning lights,

broken or missing locks or latches, or any other condition that

poses a hazard or threat to property, health, or safety. Unless

we instruct otherwise, you are required to keep the

apartment cooled or heated according to our Community

Policies. Air conditioning problems are normally not

emergencies.

15.3. Utilities. We may change or install utility lines or

equipment serving the apartment if the work is done

reasonably without substantially increasing your

utility costs. We may turn o equipment and interrupt

utilities as needed to perform work or to avoid

property damage or other emergencies. If utilities

malfunction or are damaged by re, water, or similar

cause, you must notify our representative immediately.

15.4. Your Remedies. We’ll act with customary diligence to

make repairs and reconnections within a reasonable

time, taking into consideration when casualty-insurance

proceeds are received. Unless required by statute after

a casualty loss, or during equipment repair, your Rent

will not abate in whole or in part. “Reasonable time”

accounts for the severity and nature of the problem and

the reasonable availability of materials, labor, and

utilities. If we fail to timely repair a condition that

materially aects the physical health or safety of an

ordinary resident as required by the Texas Property Code,

you may be entitled to exercise remedies under § 92.056

and § 92.0561 of the Texas Property Code. If you follow

the procedures under those sections, the following

remedies, among others, may be available to you:

(1) termination of the Lease and 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) judicial remedies according to § 92.0563.

16. Our Right to Terminate for Apartment Community Damage or

Closure. If, in our sole judgment, damages to the unit or building are

signicant or performance of needed repairs poses a danger to you,

we may terminate this Lease and your right to possession by giving

you at least 7 days’ written notice. If termination occurs, you agree

we’ll refund only prorated rent and all deposits, minus lawful deduc-

tions. We may remove your personal property if, in our sole judg-

ment, it causes a health or safety hazard or impedes our ability to

make repairs.

16.1. Property Closure. We also have the right to terminate

this Lease and your right to possession by giving you at

least 30 days’ written notice of termination if we are

demolishing your apartment or closing it and it will no

longer be used for residential purposes for at least 6

months, or if any part of the property becomes subject to

an eminent domain proceeding.

17. Assignments and Subletting. You may not assign this Lease or sub-

let your apartment. You agree that you won‘t rent, oer to rent or

license all or any part of your apartment to anyone else unless other-

wise agreed to in advance by us in writing. You agree that you won‘t

accept anything of value from anyone else for the use of any part of

your apartment. You agree not to list any part of your apartment on

any lodging or short-term rental website or with any person or ser-

vice that advertises dwellings for rent.

18. Security and Safety Devices. We’ll pay for missing security de-

vices that are required by law. You’ll pay for: (A) rekeying that

you request (unless we failed to rekey after the previous resi-

dent moved out); and (B) repairs or replacements because of

misuse or damage by you or your family, your occupants, or your

guests. You must pay immediately after the work is done unless state

law authorizes advance payment. You must also pay in advance for

any additional or changed security devices you request.

Texas Property Code secs. 92.151, 92.153, and 92.154 require, with

some exceptions, that we provide at no cost to you when occupancy

begins: (A) a window latch on each window; (B) a doorviewer (peep-

hole or window) on each exterior door; (C) a pin lock on each sliding

door; (D) either a door-handle latch or a security bar on each sliding

door; (E) a keyless bolting device (deadbolt) on each exterior door;

and (F) either a keyed doorknob lock or a keyed deadbolt lock on

one entry door. Keyed locks will be rekeyed after the prior resident

moves out. The rekeying will be done either before you move in or

within 7 days after you move in, as required by law. If we fail to in-

stall or rekey security devices as required by law, you have the right

to do so and deduct the reasonable cost from your next Rent pay-

ment under Texas Property Code sec. 92.165(1). We may deactivate

or not install keyless bolting devices on your doors if (A) you or an

occupant in the dwelling is over 55 or disabled, and (B) the require-

ments of Texas Property Code sec. 92.153(e) or (f) are satised.

18.1. Smoke Alarms and Detection Devices. We’ll furnish

smoke alarms or other detection devices required by law

or city ordinance. We may install additional detectors

not so required. We’ll test them and provide working

batteries when you rst take possession of your

apartment. Upon request, we’ll provide, as required by

law, a smoke alarm capable of alerting a person with a

hearing impairment.

You must pay for and replace batteries as needed,

unless the law provides otherwise. We may replace dead

or missing batteries at your expense, without prior notice

to you. Neither you nor your guests or occupants may

disable alarms or detectors. If you damage or disable the

smoke alarm or remove a battery without replacing it

with a working battery, you may be liable to us under

Texas Property Code sec. 92.2611 for $100 plus one

month’s Rent, actual damages, and attorney’s fees.

18.2. Duty to Report. You must immediately report to us any

missing, malfunctioning or defective security devices,

smoke alarms or detectors. You’ll be liable if you fail to

report malfunctions, or fail to report any loss, damage, or

nes resulting from re, smoke, or water.

19. Resident Safety and Loss. Unless otherwise required by law, none

of us, our employees, agents, or management companies are liable

to you, your guests or occupants for any damage, personal injury,

loss to personal property, or loss of business or personal income,

from any cause, including but not limited to: negligent or intention-

al acts of residents, occupants, or guests; theft, burglary, assault,

vandalism or other crimes; re, ood, water leaks, rain, hail, ice,

snow, smoke, lightning, wind, explosions, interruption of utilities,

pipe leaks or other occurrences unless such damage, injury or loss is

caused exclusively by our negligence.

We do not warrant security of any kind. You agree that you will not

rely upon any security measures taken by us for personal security,

and that you will call 911 and local law enforcement authorities if any

security needs arise.

You acknowledge that we are not equipped or trained to provide

personal security services to you, your guests or occupants. You rec-

ognize that we are not required to provide any private security ser-

vices and that no security devices or measures on the property are

fail-safe. You further acknowledge that, even if an alarm or gate ame-

nities are provided, they are mechanical devices that can malfunc-

tion. Any charges resulting from the use of an intrusion alarm will be

charged to you, including, but not limited to, any false alarms with

police/re/ambulance response or other required city charges.

20. Condition of the Premises and Alterations.

20.1. As-Is. We disclaim all implied warranties. You accept the

apartment, xtures, and furniture as is, except for

conditions materially aecting the health or safety of

ordinary persons. You’ll be given an Inventory and

Condition Form at or before move-in. You agree that

after completion of the form or within 48 hours after

move-in, whichever comes rst, you must note on the

form all defects or damage, sign the form, return it to

us, and the form accurately reects the condition of the

premises for purposes of determining any refund due to

you when you move out. Otherwise, everything will be

considered to be in a clean, safe, and good working

condition. You must still send a separate request for any

repairs needed as provided by Par. 15.1.

20.2. Standards and Improvements. Unless authorized by

law or by us in writing, you must not perform any repairs,

painting, wallpapering, carpeting, electrical changes, or

otherwise alter our property. No holes or stickers are

allowed inside or outside the apartment. Unless our

Community Policies state otherwise, we’ll permit a

reasonable number of small nail holes for hanging

pictures on sheetrock walls and in grooves of wood-

paneled walls. No water furniture, washing machines,

extra phone or television outlets, alarm systems,

SAMPLE ONLY

Not for use

cameras, video or other doorbells, or lock changes,

additions, or rekeying is permitted unless required by law

or we’ve consented in writing. You may install a satellite

dish or antenna, but only if you sign our satellite-dish or

antenna lease addendum, which complies with reasonable

restrictions allowed by federal law. You must not alter,

damage, or remove our property, including alarm systems,

detection devices, appliances, furniture, telephone and

television wiring, screens, locks, or security devices. When you

move in, we’ll supply light bulbs for xtures we furnish,

including exterior xtures operated from inside the

apartment; after that, you’ll replace them at your expense

with bulbs of the same type and wattage. Your improvements

to the apartment (made with or without our consent) become

ours unless we agree otherwise in writing.

21. Notices. Written notice to or from our employees, agents, or

management companies constitutes notice to or from us. Notices to

you or any other resident of the apartment constitute notice to all

residents. Notices and requests from any resident constitute notice

from all residents. Only residents can give notice of Lease termination

and intent to move out under Par. 7.3. All notices and documents will

be in English and, at our option, in any other language that you read

or speak.

21.1. Electronic Notice. Notice may be given electronically by

us to you if allowed by law. If allowed by law and in

accordance with our Community Policies, electronic

notice from you to us must be sent to the email address

and/or portal specied in Community Policies. Notice

may also be given by phone call or to a physical address

if allowed in our Community Policies.

You represent that you have provided your current email

address to us, and that you will notify us in the event your

email address changes.

EVICTION AND REMEDIES

22. Liability. Each resident is jointly and severally liable for all Lease

obligations. If you or any guest or occupant violates the Lease or our

Community Policies, all residents are considered to have violated the

Lease.

22.1. Indemnification by You. You’ll defend, indemnify and hold us

and our employees, agents, and management company

harmless from all liability arising from your conduct or

requests to our representatives and from the conduct of or

requests by your invitees, occupants or guests.

23. Default by Resident.

23.1. Acts of Default. You’ll be in default if: (A) you don’t

timely pay Rent, including monthly recurring charges, or

other amounts you owe; (B) you or any guest or

occupant violates this Lease, our Community Policies,

or re, safety, health, criminal or other laws, regardless of

whether or where arrest or conviction occurs; (C) you

give incorrect, incomplete, or false answers in a rental

application or in this Lease; or (D) you or any occupant is

charged, detained, convicted, or given deferred

adjudication or pretrial diversion for (1) an oense

involving actual or potential physical harm to a person, or

involving the manufacture or delivery of a controlled

substance, marijuana, or drug paraphernalia as dened

in the Texas Controlled Substances Act, or (2) any sex-

related crime, including a misdemeanor.

23.2. Eviction. If you default, including holding over, we may

end your right of occupancy by giving you at least a 24-

hour written notice to vacate. Termination of your possession

rights doesn’t release you from liability for future Rent or

other Lease obligations. After giving notice to vacate or

ling an eviction suit, we may still accept Rent or other

sums due; the ling or acceptance doesn’t waive or

diminish our right of eviction or any other contractual or

statutory right. Accepting money at any time doesn’t waive

our right to damages, to past or future Rent or other sums,

or to our continuing with eviction proceedings. In an eviction,

Rent is owed for the full rental period and will not be

prorated.

23.3. Acceleration. Unless we elect not to accelerate Rent, all

monthly Rent for the rest of the Lease term or renewal

period will be accelerated automatically without notice

or demand (before or after acceleration) and will be

immediately due if, without our written consent: (A) you

move out, remove property in preparing to move out,

or you or any occupant gives oral or written notice of

intent to move out before the Lease term or renewal

period ends; and (B) you haven’t paid all Rent for the

entire Lease term or renewal period. Remaining Rent will

also be accelerated if you’re judicially evicted or move

out when we demand because you’ve defaulted.

If you don’t pay the rst month’s Rent when or before the

Lease begins, all future Rent for the Lease term will be

automatically accelerated without notice and become

immediately due. We also may end your right of occupancy

and recover damages, future Rent, attorney’s fees, court costs,

and other lawful charges.

23.4. Holdover. You or any occupant or guest must not hold

over beyond the date contained in: (1) your move-out

notice, (2) our notice to vacate, (3) our notice of non-

renewal, or (4) a written agreement specifying a dierent

move-out date. If a holdover occurs, then you’ll be

liable to us for all Rent for the full term of the previously

signed lease of a new resident who can’t occupy because

of the holdover, and at our option, we may extend the

Lease term and/or increase the Rent by 25% by delivering

written notice to you or your apartment while you continue

to hold over.

23.5. Other Remedies. We may report unpaid amounts to

credit agencies as allowed by law. If we or our debt

collector tries to collect any money you owe us, you

agree that we or the debt collector may contact you by

any legal means. If you default, you will pay us, in addition

to other sums due, any rental discounts or concessions

agreed to in writing that have been applied to your account.

We may recover attorney’s fees in connection with enforcing

our rights under this Lease. All unpaid amounts you owe bear

interest at the rate provided by Texas Finance Code Section

304.003(c) from the due date. You must pay all collection-

agency fees if you fail to pay sums due within 10 days after

you are mailed a letter demanding payment and stating that

collection-agency fees will be added if you don’t pay all sums

by that deadline. You are also liable for a charge (not to

exceed $150) to cover our time, cost and expense for any

eviction proceeding against you, plus our attorney’s fees and

expenses, court costs, and ling fees actually paid.

24. Representatives’ Authority and Waivers. Our representatives (in-

cluding management personnel, employees, and agents) have no

authority to waive, amend, or terminate this Lease or any part of it

unless in writing and signed, and no authority to make promises, rep-

resentations, or agreements that impose security duties or other ob-

ligations on us or our representatives, unless in writing and signed.

No action or omission by us will be considered a waiver of our rights or of

any subsequent violation, default, or time or place of performance. Our

choice to enforce, not enforce or delay enforcement of written-no-

tice requirements, rental due dates, acceleration, liens, or any other

rights isn’t a waiver under any circumstances. Delay in demanding

sums you owe is not a waiver. Except when notice or demand is required

by law, you waive any notice and demand for performance from us if you

default. Nothing in this Lease constitutes a waiver of our remedies for a

breach under your prior lease that occurred before the Lease term begins.

All remedies are cumulative. Exercising one remedy won’t constitute

an election or waiver of other remedies. All provisions regarding our

nonliability or nonduty apply to our employees, agents, and manage-

ment companies. No employee, agent, or management company is

personally liable for any of our contractual, statutory, or other obliga-

tions merely by virtue of acting on our behalf.

END OF THE LEASE TERM

25. Move-Out Notice. Before moving out, you must give our represen-

tative advance written move-out notice as stated in Par. 4, even if

the Lease has become a month-to-month lease. The move-out date

can’t be changed unless we and you both agree in writing.

Your move-out notice must comply with each of the following:

(a) Unless we require more than 30 days’ notice, if you give

notice on the rst day of the month you intend to move

out, move out will be on the last day of that month.

(b) Your move-out notice must not terminate the Lease

before the end of the Lease term or renewal period.

notice to move out before the end of the Lease term, we

will give you 1 written reminder not less than 5 days nor

more than 90 days before your deadline for giving us

your written move-out notice. If we fail to give a reminder

notice, 30 days’ written notice to move out is required.

(d) You must get from us a written acknowledgment of your

notice.

26. Move-Out Procedures.

26. 1. Cleaning. You must thoroughly clean the apartment, including

doors, windows, furniture, bathrooms, kitchen appliances,

patios, balconies, garages, carports, and storage rooms. You

must follow move-out cleaning instructions if they have been

provided. If you don’t clean adequately, you’ll be liable for

reasonable cleaning charges—including charges for cleaning

carpets, draperies, furniture, walls, etc. that are soiled beyond

normal wear (that is, wear or soiling that occurs without

negligence, carelessness, accident, or abuse).

SAMPLE ONLY

Not for use

26.2. Move-Out Inspection. We may, but are not obligated to,

provide a joint move-out inspection. Our representatives

have no authority to bind or limit us regarding deductions for

repairs, damages, or charges. Any statements or estimates by

us or our representative are subject to our correction, modi-

cation, or disapproval before nal accounting or refunding.

27. Surrender and Abandonment. You have surrendered the apartment

when: (A) the move-out date has passed and no one is living in the

apartment in our reasonable judgment; or (B) apartment keys and ac-

cess devices listed in Par. 2.1 have been turned in to us—whichever

happens rst.

You have abandoned the apartment when all of the following have

occurred: (A) everyone appears to have moved out in our reasonable

judgment; (B) you’ve been in default for nonpayment of Rent for 5

consecutive days, or water, gas, or electric service for the apartment

not connected in our name has been terminated or transferred; and

the main entry door stating that we consider the apartment aban-

doned. An apartment is also considered abandoned 10 days after the

death of a sole resident.

27.1. The Ending of Your Rights. Surrender, abandonment, or

judicial eviction ends your right of possession for all purposes

and gives us the immediate right to clean up, make repairs in,

and relet the apartment; determine any security-deposit

deductions; and remove or store property left in the apartment.

27.2. Removal and Storage of Property. We, or law ocers, may—

but have no duty to—remove or store all property that in our

sole judgment belongs to you and remains in the apartment

or in common areas (including any vehicles you or any

occupant or guest owns or uses) after you’re judicially evicted

or if you surrender or abandon the apartment.

We’re not liable for casualty, loss, damage, or theft. You

must pay reasonable charges for our packing, removing and

storing any property.

Except for animals, we may throw away or give to a charitable

organization all personal property that is:

(1) left in the apartment after surrender or abandonment; or

(2) left outside more than 1 hour after writ of possession is

executed, following judicial eviction.

An animal removed after surrender, abandonment, or eviction

may be kenneled or turned over to a local authority, humane

society, or rescue organization.

GENERAL PROVISIONS AND SIGNATURES

28. TAA Membership. We, the management company representing us,

or any locator service that you used conrms membership in good

standing of both the Texas Apartment Association and the aliated

local apartment association for the area where the apartment is

located at the time of signing this Lease. If not, the following applies:

(A) this Lease is voidable at your option and is unenforceable by us

(except for property damages); and (B) we may not recover past or

future rent or other charges. The above remedies also apply if both

of the following occur: (1) the Lease is automatically renewed on a

month-to-month basis more than once after membership in TAA and

the local association has lapsed; and (2) neither the owner nor the man-

agement company is a member of TAA and the local association during

the third automatic renewal. A signed adavit from the aliated local

apartment association attesting to nonmembership when the Lease

or renewal was signed will be conclusive evidence of nonmembership.

Governmental entities may use TAA forms if TAA agrees in writing.

Name, address and telephone number of locator service (if applicable):

________________________________________________________

_________________________________________________________

29. Severability and Survivability. If any provision of this Lease is invalid

or unenforceable under applicable law, it won’t invalidate the remain-

der of the Lease or change the intent of the parties. Paragraphs 10.1,

10.2, 16, 27 and 31 shall survive the termination of this Lease.

This Lease binds subsequent owners.

30. Controlling Law. Texas law governs this Lease. All litigation arising

under this Lease and all Lease obligations must be brought in the

county, and precinct if applicable, where the apartment is located.

31. Waivers. By signing this Lease, you agree to the following:

31.1. Class Action Waiver. You agree that you will not participate

in any class action claims against us or our employees, agents,

or management company. You must le any claim against us

individually, and you expressly waive your right to bring,

represent, join or otherwise maintain a class action,

collective action or similar proceeding against us in

any forum.

YOU UNDERSTAND THAT, WITHOUT THIS WAIVER, YOU

COULD BE A PARTY IN A CLASS ACTION LAWSUIT. BY

SIGNING THIS LEASE, YOU ACCEPT THIS WAIVER AND

CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY.

THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE

THE TERMINATION OR EXPIRATION OF THIS LEASE.

31.2. Force Majeure. If we are prevented from completing substan-

tial performance of any obligation under this Lease by

occurrences that are beyond our control, including but

not limited to, an act of God, strikes, epidemics, war, acts of

terrorism, riots, ood, re, hurricane, tornado, sabotage or

governmental regulation, then we shall be excused from any

further performance of obligations to the fullest extent

allowed by law.

32. Special Provisions. The following, or attached Special Provisions and

any addenda or Community Policies provided to you, are part of this

Lease and supersede any conicting provisions in this Lease.

_________________________________________________________

Before submitting a rental application or signing this Lease, you

should review the documents and may consult an attorney. You are

bound by this Lease when it is signed. An electronic signature is

binding. This Lease is the entire agreement between you

and us. You are NOT relying on any oral representations.

Resident or Residents (all sign below)

_____________________________________________________________