HomeMy WebLinkAboutContract 33422 CITY SECRETARY
CONTRACT NO.
INTERIM SHELTER AGREEMENT
BETWEEN THE CITY OF FORT WORTH
and BRIAN SMITH,d/b/a
HOME SWEET HOME PROPERTIES,MANAGEMENT AND MAINTENANCE
STATE OF TEXAS §
COUNTY OF TARRANT §
This Interim Shelter Agreement ("Agreement") is entered into by the City of Fort Worth,
Texas ("City"), a home-rule municipal corporation situated in Tarrant, Denton, and Wise
Counties, Texas, acting by and through its duly authorized Assistant City Manager, Joe Paniagua,
whose address is 1000 Throckmorton, Fort Worth, Texas 76102 and Brian Smith, d/b/a Home
Sweet Home Properties, Management and Maintenance, ("Apartment"), whose address is 3135
Waterside Drive, Fort Worth, Texas G D , acting by and through Paul Nicholson, his duly
authorized Property Manager. (Sometimes City and Apartment are referred to individually as a
"Party"and collectively as the "Parties").
ARTICLE I
RECITALS
A. City has received an influx of evacuees fleeing the Gulf Coast and the City of
New Orleans, Louisiana as a result of the wide spread devastation and flooding following
Hurricane Katrina's landfall in southern Louisiana, Mississippi and Alabama.
B. City has determined that extraordinary measures must be taken to alleviate the
suffering of evacuees arriving here from the Gulf Coast seeking temporary shelter. The influx of
these evacuees to the City has created a state of disaster in the City and therefore on September 1,
2005, the Mayor of the City of Fort Worth declared a state of disaster in the City of Fort Worth,
Texas pursuant to section 418.108 of the Texas Government Code.
C. City anticipates that expenditures by City pursuant to this Agreement will be
reimbursed by the Federal Emergency Management Agency of the United States Department of
Homeland Security ("FEMA"). The Parties acknowledge to each other that the timing and
amount of that reimbursement is unknown to the Parties.
D. The purposes of this Agreement are to set out the mutually agreeable terms and
conditions relating to providing interim shelter for those evacuees (hereinafter referred to as
tenant or tenants)that City determines to place in Apartment and to provide assistance for tenants
under the Katrina interim shelter program ("Program").
NOW THEREFORE, for and in consideration of the mutual agreements, covenants, and
conditions hereinafter set forth, and for the consideration of the mutual promises recited herein
the sufficiency of which is hereby acknowledged by the Parties, the Parties contract and agree as
follows:
ARTICLE II
LEASE OF RENTAL UNITS
Ir
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INTERIM SHELTER AGREEMENT Page 1 Revised 10/12/05
d
(a) This Agreement applies to the Rental Units specified in the attached Exhibit "A" ("Rental
Units").
(b) The lease form for the Rental Units shall be the Texas Apartment Association Lease
Contract or such other lease contract as approved by the City. The lease contract used by
Apartment is attached hereto as Exhibit "D" ("Lease Contract"). The Lease Contract, and all
references in this Agreement to the Lease Contract, shall include the "Tenancy Addendum,"
attached as Exhibit "E." Apartment shall attach the Tenancy Addendum to all Lease Contracts
prior to the execution of the Lease Contract by Apartment and tenant.
(c) City has approved leasing of the Rental Units subject to a determination by the City of
Fort Worth Housing Department inspections that the Rental Units meet City of Fort Worth
Housing Department Minimum Acceptable Standards("MAS").
(d) Apartment will lease the Rental Units only to tenants approved for placement by City
under the Program, unless notified in writing by City that a Rental Unit is no longer needed for
the Program.
(e) The initial term of the Lease Contract is three (3) months, with three (3) additional
options to renew for terms of three (3) months each, unless earlier terminated as hereinafter
provided. Renewal shall occur automatically upon the receipt by City of a Lease Contract
executed by tenant and Apartment for the renewal period. A tenant may terminate the Lease
Contract with 30 days written notice to Apartment.
(f) Apartment certifies that:
(1) Apartment and the tenant will enter into a lease in the same form as the Lease Contract.
(2) The Lease Contract is consistent with Federal, state and local law.
(g) Apartment is responsible for screening the tenant's behavior or suitability for tenancy.
City is not responsible for such screening. City has no liability or responsibility to Apartment or
other persons for the tenant's conduct, subject to the provisions of Article VI(e)3. City
acknowledges that Apartment may require tenant to sign a rental application and disclose certain
background information, including criminal information, at the same time the tenant is allowed to
take occupancy of the Rental Unit. If Apartment discovers that a tenant has submitted false
information on the rental application or that tenant's criminal history is unacceptable according to
Apartment's customary standards for lessees in unassisted units, Apartment may give the tenant
one day's notice to vacate and evict in accordance with Texas law. Failure to pay rent on a prior
lease shall not be grounds for eviction. Apartment shall notify City promptly of the issuance of
any notice to vacate and eviction of any tenant in any Rental Unit.
(h) Apartment shall treat tenants under this Agreement in accordance with Apartment's
customary practices and policies towards all of its other tenants.
ARTICLE III
MAINTENANCE,UTILITIES AND OTHER SERVICES
(a) Apartment must maintain all Rental Units and the building or complex in which the
Rental Unit is located, including common areas and grounds ("Premises") in accordance with the
MAS.
INTERIM SHELTER AGREEMENT Page 2 Revised
(b) Apartment must provide all utilities needed to comply with the MAS unless City has
agreed in this Agreement to pay for some or all utilities as set forth in the attached Exhibit "C."
(c) If Apartment does not maintain the Rental Units and the Premises in accordance with the
MAS, City may exercise any available remedies as set forth in this Agreement. City may not
exercise such remedies against Apartment because of an MAS breach for which the tenant is
responsible, and that is not caused by Apartment.
(d) City or its agents may inspect the Rental Units and the Premises at such times as City
determines necessary, to ensure that all Rental Units are in accordance with the MAS.
(e) City must notify Apartment of any MAS defects shown by the inspection.
(f) Apartment must provide all housing services as agreed to in the Lease Contract.
ARTICLE IV
TERM OF AGREEMENT
(a) The term of this Agreement begins on the date of countersignature by City, and
terminates twelve (12) months thereafter or on the last day of the term of the last Lease Contract
entered into pursuant to this Agreement, whichever come first.
(b) Termination Durine Initial Term of Lease Contracts. If Apartment breaches this
Agreement in accordance with Article VII during the initial three (3) month term of the Lease
Contract for any Rental Unit, City may terminate this Agreement as to any Rental Unit or as to all
Rental Units, in its sole discretion. Prior to termination of this Agreement, City may give
Apartment opportunity to cure said breach as set forth in Article VIII(b).
(c) Termination During Any Renewal Term of Lease Contracts. During any renewal
term of any Lease Contract executed by Apartment and tenant under this Program for any of the
Rental Units,this Agreement may terminate as follows:
1. The Agreement terminates automatically as to each Lease Contract that is
terminated by Apartment or the tenant.
2. City may terminate Program assistance for a tenant for any grounds authorized in
accordance with U.S. Department of Housing and Urban Development ("HUD")
or FEMA requirements upon written notice to Apartment. If City terminates
Program assistance for a tenant, the Agreement terminates automatically as to
that Lease Contract.
3. If a tenant vacates a Rental Unit, the Agreement terminates automatically as to
that Lease Contract. Apartment must notify City in writing of the vacancy as
soon as Apartment knows of it.
4. City may terminate the Agreement if City determines, in accordance with FEMA
and/or HUD requirements, that available Program funding is not sufficient to
support continued assistance for tenants in the Program.
5. City may terminate the Agreement as to any Rental Unit if City determines that
the Rental Unit in question does not provide adequate space in accordance with
the MAS because of an increase in tenant's family size or a change in tenant's
INTERIM SHELTER AGREEMENT Pae 3 Revi ed 1-0/12105
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'J Ito .:•:J.� '�� u sV e
family composition.
6. If the composition of the tenant's family residing in the Rental Unit changes, City
may terminate the Agreement as to that Rental Unit, or may continue Program
payments on behalf of tenant's family members who remain in the Rental Unit.
7. City may terminate the Agreement as to that Rental Unit if City determines that
the Rental Unit in question does not meet all requirements of the MAS.
8. City may terminate the Agreement if City determines that Apartment has
otherwise breached the Agreement.
(d) If City or a tenant terminates a Lease Contract under this Agreement during the initial
three (3) month term for any reason not Apartment's responsibility, City shall pay Apartment
Rent, as hereinafter defined, on the Rental Unit for the remainder of the initial term, minus any
days for which Rent has already been paid.
(e) If for any reason Program assistance is terminated, Apartment shall have the right to
terminate this Agreement and/or tenant's right to possession of any Rental Unit not being paid for
by City.
ARTICLE V
RENT
(a) All rent rates are as outlined in the attached Exhibit "B" ("Rent").
(b) City must determine whether the Rent to Apartment is reasonable in comparison to rent
for other comparable unassisted units. To make this determination, City must consider:
1. The location, quality, size, unit type, and age of the Rental Units; and
2. Any amenities, housing services, maintenance and utilities provided and paid by
Apartment.
(c) During the Agreement term, the Rent may not exceed rent charged by Apartment for
comparable unassisted units in the Premises. Apartment must promptly give City any information
requested by City on rents charged by Apartment for other units in the Premises or elsewhere.
ARTICLE VI
CITY PAYMENT TO APARTMENT
(a) Program Payments
1. City has allocated no money under this Agreement to make Program payments
to Apartment. City will pay Rent pursuant to invoices issued to City by Apartment for Lease
Contracts for all Rental Units covered by this Agreement. Apartment will take all necessary
steps to become a vendor for the City and will issue an invoice to City once a month no later
than the twenty-fifth day of that month for the total amount of Rent due for all Rental Units
covered by this Agreement for the next month, and City will make Program payments to
Apartment in accordance with Article VI(a)2.
2. During the term of the Agreement, City shall make monthly Program payments
to Apartment on behalf of tenants upon, but no later than, fifteen (15) days after receipt of an
invoice from Apartment.
3. Except as provided in Article N(d) of this Agreement, Program payments shall
only be paid to Apartment while a tenant is residing in a Rental Unit during the term of the
INTERIM SHELTER AGREEMENT Page 4 R iedX�l3f�5+5
Agreement, and City shall not pay a Program payment to Apartment for any month after the
month when the tenant moves out.
(b) Unless Apartment has complied with all provisions of the Agreement, Apartment does
not have a right to receive Program payments under the Agreement.
(c) The Program payments shall be credited against the monthly Rent to Apartment
for the Rental Unit.
(d) Limit of CITY responsibility.
1. City is only responsible for Program payments to Apartment in accordance with
the Agreement and requirements for a tenancy under the Program.
2. City shall not pay any portion of Rent to Apartment in excess of the Program
payment. City shall not pay any other claim by Apartment against the tenant.
3. City shall be liable to Apartment for damages by tenant in an amount up to but no
more than $300.00, which Apartment shall accept as liquidated damages from
City. Apartment may pursue its remedies against tenant for any damage done by
tenant for any amounts in excess of$300.00.
(e) If City determines that it has paid Apartment more than required under this Agreement,
City, in addition to other remedies, may deduct the amount of the overpayment from any future
amounts due Apartment.
(f) Apartment Certification
During the term of this Agreement, Apartment certifies that:
1. Apartment is maintaining the Rental Units and Premises in accordance with the
MAS.
2. Rental Units are leased to the tenants under a Lease Contract in the form attached
hereto, and said Lease Contract is in accordance with the Agreement and
Program requirements. Apartment has provided a copy of each executed Lease
Contract to City, including any revisions of the Lease Contract.
3. Except for Rent to Apartment, Apartment has not received and will not receive
any payments or other consideration (from the tenant, City, HUD, or any other
public or private source) for lease of any Rental Unit during the Agreement term,
or if Apartment does receive any such payments or other consideration,
Apartment shall promptly inform City of such receipts.
4. The tenant does not own or have any interest in the Rental Unit.
5. Apartment(including a principal or other interested party) is not the parent, child,
grandparent, grandchild, sister, or brother of any member of the tenant's family,
unless City has determined(and has notified Apartment and the tenant's family of
such determination) that approving lease of the Rental Unit, notwithstanding
such relationship, would provide reasonable accommodation for a tenant's family
member who is a person with disabilities.
ARTICLE VII
PROHIBITION OF DISCRIMINATION
(a) In accordance with applicable equal opportunity statutes, Executive Orders, and
regulations, Apartment shall not discriminate against any person because of race, color, religion,
INTERIM SHELTER AGREEMENT Page 5 Revised 10/12/05
sex, national origin, familial status, disability, or sexual orientation in connection with the
Agreement.
(b) Apartment must cooperate with City, and its agents, in conducting equal opportunity
compliance reviews and complaint investigations in connection with the Agreement.
ARTICLE VIII
APARTMENT'S BREACH OF AGREEMENT
(a) Any of the following actions by Apartment, including a principal, owner, agent, or other
interested party, is a breach of the Agreement by Apartment:
1. If Apartment has violated any obligation under the Agreement, including
Apartment's obligation to maintain all Rental Units in accordance with the MAS;
or
2. If Apartment has committed fraud, bribery or any other corrupt or criminal act in
connection with any Federal Program program; or
3. For projects with mortgages insured by HUD or loans made by HUD, if
Apartment has failed to comply with the regulations for the applicable mortgage
insurance or loan program, with the mortgage or mortgage note, or with the
Regulatory Agreement; or if Apartment has committed fraud, bribery or any
other corrupt or criminal act in connection with the mortgage or loan; or
4. If Apartment has engaged in any drug-related criminal activity or any violent
criminal activity.
(b) If City determines that a breach has occurred, City may exercise any of its rights and
remedies under the Agreement, or any other available rights and remedies for such breach. City
shall notify Apartment of such determination, including a brief statement of the reasons for the
determination. The notice by City to Apartment may require Apartment to take corrective action,
as verified or determined by City, by a deadline prescribed in the notice. If a defect is life
threatening, Apartment must correct the defect within no more than 24 hours. For other breaches
or defects, Apartment must correct the breach or defect within the period specified by City, which
period shall be reasonable under all of the circumstances.
(c) If Apartment fails to cure any breach by the deadline prescribed in the notice to
Apartment, City's rights and remedies for Apartment's breach of the Agreement include recovery
of overpayments, suspension of Program payments, abatement or other reduction of Program
payments,termination of Program payments, and termination of the Agreement.
(d) City may seek and obtain additional relief by judicial order or action, including specific
performance, other injunctive relief or order for damages.
(e) Regardless whether tenants continue to live in any Rental Unit, City may exercise any
rights and remedies for Apartment breach of the Agreement.
(f) City's exercise or non-exercise of any right or remedy for Apartment breach of the
Agreement is not a waiver of the right to exercise that or any other right or remedy at any time.
INTERIM SHELTER AGREEMENT Page 6 Revised 10/12/05
ARTICLE IX
CITY ACCESS TO PREMISES
AND APARTMENT'S RECORDS
(a) Apartment must provide any information pertinent to the Agreement that City may
reasonably require.
(b) City, and its agents shall have full and free access to all Rental Units and the Premises,
and to all accounts and other records of Apartment that are relevant to the Agreement, including
the right to examine or audit the records and to make copies.
(c) Apartment must grant such access to computerized or other electronic records, and to any
computers, equipment or facilities containing such records, and must provide any information or
assistance needed to access the records.
(d) Apartment shall retain all records pertaining to this Agreement and the Lease Contract for
four (4) years following the termination of this Agreement. Apartment may destroy said records
at the end of this four (4) year period if no outstanding FEMA reimbursement issues remain
between City and FEMA regarding the Program payments.
ARTICLE X
EXCLUSION OF THIRD PARTY RIGHTS
(a) A tenant is not a party to or third party beneficiary of this Agreement. The tenant may not
enforce any provision of this Agreement, and may not exercise any right or remedy against
Apartment or City under this Agreement.
(b) City may enforce the Lease Contract against Apartment, and may exercise any right or
remedy against Apartment under the Lease Contract. Apartment and the tenant may enforce the
terms of the Lease Contract against each other according to its terms.
(c) City does not assume any responsibility for injury to, or any liability to, any person
injured as a result of Apartment's action or failure to act in connection with management of any
Rental Unit or the Premises or with implementation of the Agreement, or as a result of any other
action or failure to act by Apartment.
(d) Apartment is not the agent of City, and the Agreement does not create or affect any
relationship between City and any lender to Apartment or any suppliers, employees, contractors
or subcontractors used by Apartment in connection with management of the Rental Units or the
Premises or with implementation of the Agreement.
ARTICLE XI
PROHIBITION AGAINST INTEREST
(a) No member, officer or employee of City or its designees or agents; no member of the
governing body of the locality in which the Apartment is situated; and no other public official of
such locality or localities, who exercises any functions or responsibilities with respect to the
Agreement during his or her tenure or for one year thereafter, shall have any interest, direct or
indirect, in this Agreement or in any contract or subcontract, or the proceeds thereof, for the
provisions to be performed hereunder.
INTERIM SHELTER AGREEMENT Page 7 Revised 10/12/05
(b) No member, officer, or employee of Apartment shall have a financial interest, direct or
indirect, in this Agreement or the Rent or Program payments transferred hereunder or be
financially interested, directly or indirectly, in the sale to Apartment of any land, materials,
supplies or services purchased with any Rent or Program payments transferred hereunder, except
on behalf of Apartment, as an officer, employee, or member. Any willful violation of this
paragraph with the expressed or implied knowledge of Apartment shall render this Agreement
voidable by City.
ARTICLE XII
ASSIGNMENT OF AGREEMENT
(a) Apartment may not assign the Agreement without the prior written consent of City.
(b) City may assign this Agreement to FEMA or HUD or any other state or federal agency
without consent of Apartment.
ARTICLE XIII
WRITTEN NOTICES
All notices required or permitted by this Agreement must be in writing and are deemed
delivered on the earlier of the date actually received or the third day following (i) deposit in a
United States Postal Service post office or receptacle; (ii) with proper postage (certified mail,
return receipt requested); and (iii) addressed to the other Party at the address set out in the
preamble of this Agreement or at such other address as the receiving Party designates by proper
notice to the sending Party.
ARTICLE XIV
ENTIRE AGREEMENT; INTERPRETATION
The Agreement contains the entire agreement between Apartment and City.
ARTICLE XV
MISCELLANEOUS PROVISIONS
(a) Apartment shall provide all reasonably necessary documentation requested by City to
obtain reimbursement from FEMA or any other interim shelter program within 30 days' of receipt
of City's request.
(b) Apartment waives all security deposits, applications fees, employment and credit checks
for tenants under this Agreement; however, Apartment may require a tenant to provide
information regarding tenant's criminal background history if Apartment customarily performs
such checks.
(c) If the rules or procedures of HUD, FEMA, or any other applicable interim shelter
program change during the term of this Agreement, Apartment and City shall amend this
Agreement to conform with such changes. Apartment may terminate this Agreement at no cost to
City if it does not consent to the amendment.
(d) The provisions of this Agreement are severable, and, if for any reason a clause, sentence,
paragraph or other part of this Agreement shall be determined to be invalid by a court or Federal
or state agency, board or commission having jurisdiction over the subject matter thereof, such
INTERIM SHELTER AGREEMENT Page 8 Revised 10/12/05
invalidity shall not affect other provisions which can be given effect without the invalid
provision.
(e) City's failure to insist upon the performance of any term or provision of this Agreement
or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to
any extent of City's right to assert or rely upon any such term or right on any future occasion.
(f) Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance or nonperformance of this Agreement, venue for action shall
lie in Tarrant County,Texas.
(g) This written instrument and the exhibits attached hereto, which are incorporated by
reference and made a part of this Agreement for all purposes, constitute the entire agreement
between the parties concerning the work and services to be performed hereunder, and any prior or
contemporaneous, oral or written agreement which purports to vary from the terms hereof shall
be void. Any amendments to the terms of this Agreement must be in writing and must be
approved by each Party.
IN WITNESS WHEREOF, each Party has caused this Agreement to be executed by its
undersigned duly authorized representative in multiple copies,to be effective September 1, 2005.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
INTERIM SHELTER AGREEMENT Page 9 Revised 10/12/05
ATTEST: CITY4FRT O TBy:Marty Hendrix ity Secret ry Jau , ss City Manager
APPROVED AS TO FORM AND
LEGAiAITY:
1/L
Assistant City Attordev
APARTMENT
- - --� --- -- - BRIAN SMITH, dba HOME SWEET
NO M&C RPQUIRhi3 HOME PROPERTIES, MANAGEMENT
AND MAINTENANCE e
By: e c -sJ �a,,.✓.� !%
Name: Paul Nicholson
Title: Property Manager
lk
INTERIM SHELTER AGREEMENT Page 10 tevijad 614'iloi j
EXHIBIT "A"
RENTAL UNITS
The Rental Units shall include the following units, subject to change in accordance with
the provisions of this Agreement:
Zero Bedroom Rental Units (insert addresses below):
One Bedroom Rental Units (insert addresses below):
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,'37 trcjccr 4 r� LI)o�i1. , TX -76 o -1
1451 `ac`e- ;6�6i TX --76 /07
Two Bedroom Rental Units (insert addresses below
Three Bedroom Rental Units (insert addresses below):
Based on the consideration given to Apartment by City in the form of Rent for all above-
listed Rental Units, Apartment shall provide to City an additional space and shall not
assess rent to City for the additional space. This space shall be used for the purposes of
City's Interim Shelter Coordinator or site coordinator for meetings with tenants and
providing other services to tenants.
Description of additional space:
EXHIBIT "B"
RENT
During the Agreement term, the rent to Apartment may at no time exceed the Fair Market Rent as
set forth by HUD and as amended from time to time. The Fair Market Rent is, as of the execution
of this Agreement, as follows:
(1) $558.00 for a zero bedroom apartment;
(2) $597.00 for a one bedroom apartment,
(2) $732.00 for a two bedroom apartment, or
(3) $995.00 for a three bedroom apartment.
The rental schedule above is for an unfurnished apartment.
R •�nn�,� oc�n
EXHIBIT "C"
UTILITIES AND APPLIANCES
Apartment shall provide or pay for the utilities and appliances indicated below by an "A." City shall
provide or pay for the utilities and appliances indicated below by a"C." Tenant shall provide or pay for the
utilities and appliances indicated below by a "T." Unless otherwise specified below, Apartment shall pay
for all utilities and appliances provided by Apartment.
Item Specify fuel type Provided by Paid by
Heating G Natural gas G Bottle gas G Electric 14
Cooking G Natural gas G Bottle gas G Electric 4
Water Heating G Natural gas G Bottle gas G Electric 4
Other Electric
Water
Sewer
Trash Collection
Air Conditioning
Refrigerator
Range/Microwave
Other(specify)
EXHIBIT "D"
LEASE CONTRACT
[SAMPLE LEASE USED BY APARTMENT WITH
TENANTS SHALL BE ATTACHED]
TEYASAPARTNIENT ASSOCIATION Apartment Lease Contract
Date of Lease Contract: This is a binding contract.Read carefully before signing.
(when this Lease Contract is filled out)
Moving In—General Information
1. PARTIES. This Lease Contract is between you,the resident(s)(list all of$ plus a late charge of$ per day after that
people signing the Lease Contract): date until paid in full.Daily late charges will not exceed 15 days for any
single month's rent.You'll also pay a charge of$ for each
returned check orrejected automatic electronic draft,plus initial and daily
latechargesfromduedateuntilwereceiveacmptablepayment.Ifyoudon t
and us,the owner: payrentontime,you'llbe delinquent and all remediesunderstatelawand
this LeaseContractwillbe authorized.Ifyou violate the animal restrictions
(name of apartment community or title holder). You've agreed to rent of paragraph 27 or other animal rules,you'll pay an initial charge of
Apartment No. at $ per animal(not to exceed$100 per animal)and a daily
(street address) charge of$ peranimal(nottoexceed$10perdayperanimal)
in (city) fromthedatetheanimalwasbroughtintoyourapartmenturuilitisfinaRy
removed.We'll also have all other remedies for such violation.
Texas, (zip code)for use as a private
residence only.The terns"you"and"your'refer to all residents listed 7. UTILITIES.We'll pay for the following items,if checked:O gas O water
above.The terms"we,""us,"and"our"refer to the owner listed above O wastewater O electricity O trash O cable TV O master antenna.
and not to property managers or anyone else.Written notice to or from You'll payforall otherutilifies,related deposits,and any charges,fees,or
our managers constitutes notice to or from us.If anyone else has services on such utilities duringyour LeaseContract term.You must not
guaranteed performanceofthis Lease Contract aseparate LeaseContract allow any utilities(other than cable TV)to be cut off or switched for
Guaranty for each guarantor is attached. any reason—includingdisconnectionfornot payingyourbilLs,--until the
2. OCCUPANTS. Thea apartment will be occupied only you Lease Contract term or renewal period ends.If a utility is submetered or
P P YbyY and(tilt prorated by anallocationformula,wewillattachanaddendumtothisLease
all other occupants not signing the Lease Contract): Contractincompliencewithstateageneyrulesordtyordinance.Ifautlllty
isindividually metered,itmustbe connected inyour name andyou must
notify the u tili ty provider of your move-out date so the meter canbetimely
read.Ifyoudelaygettingittumedonin your namebyleasecommencement
or cause it to be transferred back into our name before you surrender or
No one else may occupy the apartment.Persons not listed above must abandon the unit,you'llbeliablefora$ charge(nottoexceed
not stay in the apartment for more than_consecutive days W),plus the actual orestimated costofthe utilities used while the utility
without our prior written consent,and no more than twice that many should have been connected in yourname.Ifyou are in an area open to
days in any one month. If the previous space isn't filled in,two days per competition and your unit is individually metered,you may choose
month is the limit. or change your retail electric provider at any time.If you qualify,your
provider will be the same as ours,unless you choose different provider.
3. LEASE TERM. The initial tern of the Lease Contract begins on the Ifyouchoose orchange your provider,you must give uswritten notice.
You must pay all applicable provider fees,including any fees to change
day of (year), service back into our name after you move out.
and endsatmidnightthe day of
(year).This Lease Contract will automatically renew month- 8' INSURANCE. Our insurance does not provide coverage for your personal
to-month unless either party gives at least days written property. ag urge you like.get your own insurance for losses due to theft,fre,
notioeofterminationorintenttomoveoutasrequiredbyparagraph37. water 1 mage, y ins rnYou intend to ns[checkonel:
If the number of days isn't filled in,at least 30 days notice is required. O not buy insurance to protect against such verses, l
❑buy insurance from your own agent to cover such losses.
4. SECURITY DEPOSIT.The total security deposit for all residents is Ifneither is chwAred,you Adnowledge that you will not have insurance coverage.
$_due on or before the date this Lease Contract is signed.This 9, SECURITY DEVICES.What WeMustPmvide.Texas lawrequireswith
amount lcheckonel:71 does orOdoes not include an animal deposit.Any some exceptions that wemustprovide atnocosttoyou whenoccupancy
animal deposit will be stated in an animal addendum.See paragraphs begins-(1)awindowlatchoneachwindow;WadcorviewerWgWhole)
41 and 42 for security deposit return information. oneach exterior door:(3)a pin lock oneach sliding door;(4)eithera door
handle latch ora security baron each sliding door;(5)a keyless bolting
5. KEYS AND FURNITURE. You willbeprovided apartment device(deadbolI on each exterior door;and{6)eitherakeyeddoorknob
key(s), mailbox key(s),and other access devices for lock or a keyed deadbolt lock on one entry door.Keyed locks)will be
rekevedafterthepriorresidentmovesout.Therekev xt¢willbedoneeither
.Any resident,occupant,or spouse who, before,you move in or within 7 days after you move in,as required by
according to a remaining resident's affidavit,has permanently moved statute.If we fail to install or rekey security devices as required by the
outorisundercourtorderto notenter the apartment,is(at ouroption)no Property Code you have the righttodosoanddedu the reasonable cost
longer entitled to occupancy,keys,or other access devices. Your from your next rent payment under Section 92.165(l)ofthe Code.
apartment will be[check one]:O furnished or O unfurnished.
What You Are Now Requesting. Subject to some limitations,under
6. RENT AND CHARGES. You will pay$ per month for Texas law you may at any time ask us to:(1)install one keyed deadbolt
lock on an exterior door if it does not have one;(2)install a security bar
rent,payable in advance and without demand[check one]: on a sliding glass door if it does not have one;and(3)change or rekey
O at the onsite manage>'s office,or locks or latches.We must comply with those requests,but you must pay
O at for them.Subject to statutory restrictions on what security devices you may
request,you are now requesting us to install or change at your expense:
Prorated rent of$ is due for the remainder of[check one]:
O 1st month or O 2nd month,on If no item is filled in,then you are requesting none at this time.
(year).Otherwise,you must pay your rent on or before the 1st
day ofeach month(due date)with nograceperiod.Cash is unacceptable without Payment Wewill pay for missing security devices that are required
our prior written permission.You must not withhold or offset rent unless by statute.You will pay for: (1)rekeyina that you request(exceut
whenwe failed to rekey after the previous resident moved out);and
authorized bystatute.Wemay,atour option,require atanytime thatyou
(2)repairs or replacements due to misuse or damaggby you or your
pay all rent and other sums in cash,certified or cashier's check,money family,occupants,or guests.You must pay immediately after the work
order,oronemonthly check rather thanmultiplechecks.Ifyoudon't pay is done unless state statute authorizes advance payment.You also must
all rent on or before the day of the month and we haven't pay for add i tional or changed security devices you request,in advance
given notice to vacate before that date,you'll pay an initial late charge or afterward,at our option.
Special Provisions and"What If"Clauses
10. SPECIAL PROVISIONS. The following or attached special 11. UNLAWFUL EARLY MOVE-OUT;RELETTING CHARGE.You'll
provisions and any addenda or written rules furnished to you at or be liable for a reletting charge of$ (not to exceed 851%
beforesgningwill becomeapartofthisLeaseContractandwill supersede of the highest monthly rent during the Lease Contract term)if you:
any conflicting prow%ons of this printed Lease Contract form
(1) fail to move in,or fail to give written move-out notice as
required in paragraphs 23 or 37;or
(2) move out without paying rent in full for the entire Lease
Contract term or renewal period;or
(3) move out at our demand because of your default;or
(4) are judicially evicted.
The reletting charge is not a cancellation fee and does not release you from your
obligations under this Lease Contract.See the fust paragraph of page 2.
Yova INm : INmALS of Om REesES Anvn AEAu-,E,n LEASE CON CT C 2003,Texas APARTMENT Assoc noN,INc. PAGE 1 OF 6
Not a Release. The reletting charge is not a Lease Contract return redeemed property at the place of storage,the management
cancellation fee or buyout fee.It is a liquidated amount covering office,or the apartment(at our option). We may require payment
only part of our damages;that is,our time,effort,and expense in by cash,money order,or certified check.
finding and processing a replacement.These damages are uncertain Disposition or Sale.Except for animals and property removed after
and difficult to ascertain—particularly those relating to the dea th of a sole resident,we may throw away or give to a charitable
inconvenience,paperwork,advertising,showing apartments,utilities organization all items of personal property that are: (1)left in the
for showing,checking prospects,office overhead,marketing costs, apartment after surrender or abandonment;or(2)left outside more
and locator-service fees.You agree that the reletting charge is a than 1 hour after writ of possession is executed,following judicial
reasonable estimate of such damages and that the charge is due eviction Animals removed after surrender,abandonment,oreviction
whether or not our reletting attempts succeed.If no amount is maybekenneledortumedover tolocalauthorities orhumanesocieties.
stipulated,you must pay our actual reletting costs so far as they can Property not thrown away or given to charity may be disposed ofonly
be determined.The reletting charge does not release you from by sale,which mustbe held no sooner than 30 days after written notice
continued liability for:future or past-due rent;charges for cleaning, ofdate,time,and place of sale is sentbyboth regular mail and certified
repairing,repainting,or unretumed keys;or other sums due. mail(return receipt requested)to your last known address.The notice
12. DAMAGES AND REIMBURSEMENT. You must promptly pay must itemize the amounts you owe and the name,address,and phone
or reimburse us for loss, damage, consequential damages, number of the person to contact about the sale,the amount owed,and
government fines or charges,or cost of repairs or service in the your right to redeem the property.Sale may be public or private,is
apartment community due to: a violation of the Lease Contract subject to any third-party ownership or lien claims,must be to the
or Hiles;improper use,negligence;or intentional conduct by you highest cash bidder,and may be in bulk,in batches,or item-by-item.
or your invitees,guests or occupants.You will indemnify and hold Proceeds exceeding sums owed must be mailed to you at your last
us harmless from all liability arising from the conduct of you,your known address within 30 days after sale.
invitees,guests,or occupants,or our representatives who perform 14. FAILING TO PAY FIRST MONTH'S RENT. If you don't pay the
at your request services not contemplated in this Lease Contract. first month's rent when or before the Lease Contract begins,all future
Unless the damage or wastewater stoppage is due to our rent will be automatically accelerated without notice and immediately
negligence we're not liable for— and you must pay for due.We also may end your right of occupancy and recover damages,
repairs, replacement costs, and damag athe_followiinng if future rent,reletting charges,attorney's fees,court costs,and other
occurring during the Lease Contract term or renewal period: lawfulcharges.Ourrights,remedies,and duties under paragraphs 11
(1)damage to doors. windows or screens, (2)damage from and 32 apply to acceleration under this paragraph.
ft
windows or doors leopen and(3)damage from wastewater
stovvages caused by improver objects in lines exclusively 15. RENT INCREASES AND LEASE CONTRACT CHANGES. No
serving your avaEbMt. We may require payment at any time, rent increases or Lease Contract changes are allowed before the
including advance payment of repairs for which you're liable. initial Lease Contract term ends,except for changes allowed by any
Delay in demanding sums you owe is not a waiver. special provisions in paragraph 10,by a written addendum or
amendment signed by you and us,or by reasonable changes of
13. CONTRACTUAL LIENAND PROPERTYLEFT INAPARTMENT. apartment rules allowed under paragraph 18.If,at least 5 days
All pmpedyy in the aopAdment is(unless exempt under Section before the advance notice deadline referred to in paragraph 3,we
54.042 of the Texas Proputy Code)subject to a contractual lien to give you written notice of rent increases or Lease Contract changes
secure payment of delinquent rent.For this purpose,"apartment" effective when the Lease Contract term or renewal period ends,this
excludes common areas but includes interior living areas and exterior Lease Contract will automatically continue month-to-month with
patios,baloonies attachedgarages,andstoreroomsforyourexclusiveuse. the increased rent or Lease Contract changes.The new modified
Lease Contract will begin on the date stated in the notice(without
Removal After We Exercise Lien for Rent.Uygur rent is delinquent, necessity of your signature)unless you give us written move-out
oux representative maypeacefully enter the apartment and remove notice under paragraph 37.
andlor store all property subject to lien. Written notice of entry
must be left afterwards in the apartment in a conspicuous place—plus 16. DELAY OF OCCUPANCY. If occupancy is or will be delayed for
a list of items removed.The notice must state the amount of delinquent construction,repairs,cleaning,or a previous residents holding over,
rent and thename,address,and phone number of the person to contact we're not responsible for the delay.The Lease Contract will remain in
about the amount owed.The notice must also state that the property will force subject to:(1)abatement of rent on a daily basis during delay;and
be promptly returned when the delinquent rent is fully paid.All (2)your right to terminate asset forth below.Terminationnoticemust
propedyintheaparbnentisprestmtedtDbeyoursunkssprovennotherwise, be in writing. After termination,you are entitled only to refund of
deposit(s)and any rent paid. Rent abatement or Lease Contract
Removal After Surrender,Abandonment,or Eviction. We or law termination does not apply ifdelayisfor cleaning orrepairs that don t
officers may remove and/or store all property remaining in the prevent you from occupying the apartment.
apartment or in common areas(including any vehicles you or any If there is a delay and we haven't given notice of delay as set forth
occupant or guest owns or uses)if you are judicially evicted or if you
surrender or abandon the apartment(see definitions in paragraph 42). immediately below,you may terminate up to the date when the
apartment is ready for occupancy,but not later.
Storage.We will store property removed under a contractual lien. (1) If we give written notice to any of you when or after the Lease
We may store,but have no duty to store,property removed after Contract begins—and the notice states that occupancy has been
judicial eviction,surrender,or abandonment of the apartment.We're delayed because of construction or a previous residents holding
not liable for casualty loss,damage,or theft except for property over,and that the apartment will be ready on a specific date—
removed under a contractual lien.You must pay reasonable charges you may terminate the Lease Contract within 3 days of your
for our packing,removing,storing,and selling any property.We receiving the notice,but not later.
have a lien on all property removed and stored after surrender, (2) If we give written notice to any of you before the effective Lease
abandonment,or judicial eviction for all sums you owe,with one Contract date and the notice states that construction delay is
exception:Our lien on property listed under Property Code Section
54.042 is limited to charges for packing,removing,and storing. expected and that the apartment will ready for you to occupy
on a specific date,you may terminate the Lease Contract within
Redemption.if we've seized and stored property under a contractual 7 days after any of you receives written notice,but not later.The
lien for rent as authorized by the Property Code,you may redeem the readiness date is considered the new effective Lease Contract
property by paying all delinquent rent due at the time of seizure.But date for all purposes. This new date may not be moved to an
ifnoticeofsale(setforth as follows)isgivenbeforeyouseekredemption, earlier date unless we and you agree.
you may redeem only by paying the delinquent rent and reasonable 17. DISCLOSURE RIGHTS. If someone requests information on you
charges for packing,removing,and storing. If we've removed and or yourrental history for law-enforcement,governmental,orbusiness
stored property after surrender,abandonment,or judicial eviction, purposes,we may provide it.At our request,any utility provider
you may redeem only by paying all sums you owe,including rent, may famish us information about pending or actual connections or
late charges, reletting charges, storage, damages,etc. We may disconnections of utility service to your unit.
While You're Living in the Apartment
18. COMMUNITY POLICIES OR RULES.You and all guests and heaters without our prior written approval;;cook on balconies or
occupants must comply with any written apartment rules and outside;or solicit business or contributions.Conducting any kind
community policies,including instructions for care of our property. of business(including child care services)in your apartment or in
Our rules are considered part of this Lease Contract. We may make the apartment community is prohibited—except that any lawful
reasonable changes to written rules,effective immediately,if they business conducted"at home"by computer,mail,or telephone is
are distributed and applicable to all units in the apartment permissible ifcustomers,clients,patients,or otherbusiness associates
community and do not change dollar amounts on page 1 of this do not come to your apartment for business purposes.We may
Lease Contract. regulate: (1)the use of patios, balconies, and porches; (2)the
conductoffumituremovers and deliverypersons;and(3)recreational
19. LIMITATIONS ON CONDUCT. The apartment and other areas activities in common areas.
reserved for your private use must be kept clean Trash must be
disposed of at least weekly in appropriate receptacles in accordance who,
may exclude from the apartment community guests ti others
with local ordinances.Passageways may be used only for entry or Leas in our judgment,have been violating the law,violating this
exit.Any swimming pools,saunas,spas,tanning beds,exercise neigLease Contvisitract r s,or owner
reprnt esentatives.
ntativesuWe may alsoer exclude
i clude
rooms,storerooms,laundry rooms,and similar areas must be used from any
o visitors,or owner representatives.We may also exclude
with care in accordance with apartment rules and posted signs.Glass phmanyouifi cation ormmms toon id ntify hi self or hes elfto as a
containers are prohibited in or near pools and all other common photo idantifipant, or refuses to identify himself or herself as a
areas.You,your occupants,or guests may not anywhere in the resident,occupant,or guest of a specific resident in the community.
apartment community: use candles or use kerosene lamps or 20. PROHIBITED CONDUCT. You and your occupants or guests may
not engage in the following activities:criminal conduct;behaving in
A,"rnrErrr L—E CON Cr 0 2003,Toes Ar,uaruExr Assocunon,INc. PAGE 2 or 6
a loud or obnoxious manner;disturbing or threatening the rights, (2)keep cabinet and closet doors open;and(3)drip hot and cold
comfort,health,safety,or convenience of others(including our agents water faucets. You'll be liable for damage to our and others'
and employees)in or near the apartment community;disrupting our property if damage is caused by broken water pipes due to your
business operations;manufacturing, delivering, or possessing a violating these requirements.
controlled substance or drug paraphernalia;engaging in or threatening Crime or Emergency. Dial 911 or immediately call local medical
violence;possessing a weapon prohibited by state law;discharging emergency,fie,or police personnel in case of accident,fine,smoke,
a firearm in the apartment community;displaying or possessing a suspected criminal activity,or other emergency involving imminent
gun,knife,or other weapon in the common area in a way that may harm.You should then contact our representative.You won't treat any
alarm others;storing anything in closets having gas appliances; of our security measures as an express or implied warranty of security,
tampering with utilities or telecommunications;bringing hazardous
materials into the apartment community;using windows for entry or as a guarantee against crime or of reduced risk of crime.Unless
or exit;heating the apartment with a gas-operated cooking stove or otherwise provided by law,were not liable to you or any guests or
oven;or injuring our reputation by making bad faith allegations occupants for uyury,damage,or loss to person or property caused by
against us to others. criminal conduct of other persons,including theft,burglary,assault,
vandalism,or other crimes.We're not obliged to furnish security
21. PARKING. We may regulate the time,manner, and place of personnel,security lighting,security gates or fences,or other forms of
parking all cars,trucks,motorcycles,bicycles,boats,trailers,and security unless required bystatute.We're not responsible forobtaining
recreational vehicles.Motorcycles or motorized bikes may not be criminal-history checks on any residents, occupants,guests, or
parked inside an apartment unit or on sidewalks,under stairwells, contractors in the apartment community.If you or any occupant or
or in handicapped parking areas.We may have unauthorized or guest is affected by a crime,you must make a written report to our
illegally parked vehicles towed under an appropriate statute. A representative and to the appropriate local law-enforcement agency.
vehicle is unauthorized or illegally parked in the apartment You also must furnish us with the law-enforrement agency's incident
community if it:
(1) has a flat lire or other condition rendering it inoperable;or report number upon request.
(2) is on jacks,blocks or has wheel(s)missing;or
(3) takes up more than one parking space;or 25. CONDITION OF THE PREMISES AND ALTERATIONS. You
(4) belongs to a resident or occupant who has surrendered or accept the apartment,fixtures,andfumitureasis,except for conditions
abandoned the apartment;or materially affecting the health or safety of ordinary persons.We
(5) is parked in a marked handicap space without the legally disclaim all implied warranties.You'll be given an Inventory and
required handicap insrgma;or Condition form on or before move-in.Within 48 hours after move-in,
(6) is parked in a space marked for office visitors,managers,or staff; you must sign and note on the form all defects or damage and return
or it to our representative.Otherwise,everything will be considered to
(7) blocks another vehicle from exiting;or be in a clean,safe,and good working condition.
(8) is parked in a fire lame or designated"no parking"area;or
(9) is parked in a space marked for other resident(s)or unit(s);or You must use customary diligence in maintaming the apartment and not
(10) is parked on the grass,sidewalk,or patio;or damaging or littering the common auras.Unless authorized by statute
(11) blocks garbage trucks from access to a dumpster;or orbyusinwriting.you mustnotdoanyrepairs,painting,wallpapering,
(12) has no current license,registration or inspection sticker,and we carpeting,electrical changes,or otherwise alter our property.No holes
give you at least 10 days notice that the vehicle will be towed or stickers are allowed inside or outside the apartment.But we'll
at the owner or operator's expense if not removed. permit a reasonable number of small nail holes for hanging pictures
22. RELEASE OF RESIDENT. Unless you're entitled to terminate this on sheetrock walls and in grooves of wood-paneled walls,unless our
Lease Contract under paragraphs 10,16,23,31 or 37,you won't be rules stateothewise.Nowaterfumiture,washingmachines,additional
released from this Lease Contract for any reason—including but not phone or TV-cable outlets,alarm systems,or lock changes,additions,
limited to voluntary or involuntary school withdrawal or transfer, or rekeying is permitted unless statutorily allowed or we've consented
voluntary or involuntary job transfer,marriage,separation,div2rrce, in writing.You may install a satellite dish or antenna provided you
reconciliation,loss of co-residents,loss of employment,bad health, sign our satellite dish or antenna lease addendum which complies
or death. with reasonable restrictions allowed by federal law.You agree not to
23. MILITARY PERSONNEL CLAUSE. You may terminate the alter,damage,or remove our property,including alarm systems,
Lease Contract if you enlist or are drafted or commissivaecl in the smoke detectors,furniture,telephone and cable TV wiring,screens,
U.S.Armed Forces.You also may terminate the Lease Contract if: locks,and security devices.When you move in,we'll supply light
(1) you are(i)a member of the U.S.Armed Forces or reserves on bulbs for fixtures we furnish,including exterior fixtures operated
active duty or(ii)a member of the National Guard called to from inside the apartment;after that,you'll replace them at your
active duty for more than 30 days in response to a national expense with bulbs ofthesame type and wattage.Your improvements
emergency declared by the Presi&?Ag �. to the apartment(whedwr or not we consent)become ours unless we
(2) you are either(i)given change-of-stationorders topermanently agree otherwise inwn'6ng.
depart the local area,(if)deployed with a military unit for 90
days or more,or(iii)relieved or released from active duty. 26. REQUESTS,REPAIRS,AND MALFUNCTIONS. IF YOU OR
After you deliver to us your written termination notice,the Lease ANY OCCUPANT NEEDS TO SEND A NOTICE OR REOUEST—
Contract will be terminated under this military clause 30 days after FOR EXAMPLE,FOR REPAIRS,INSTALLATIONS,SERVICES,OR
the date on which your next rental payment is due.You must furnish SECURITY-RELATED MATTERS-17 MUST BE SIGNED AND IN
us a copy of your permanent clhanRfiar station orders,call-up orders, WRITING TO OUR DESIGNATED REPRESENTATIVE(except in
or deployment orders or letter.M tary permission for base housing case of fire,smoke, gas,explosion,overflowing sewage.uncnrrtrollable
doesn't constitute a permanentchangcwf-station order.After your running water,electrical shorts,or gime in progress).Our written notes
move out,we'll return your security deposit,less lawful deductions, on your oral request do not constitute a written request from you.
If you or any co-resident are a dependent of a servicemember covered
by the U.S.Servicemembers Civil Relief Act,this Lease Contract may Our complyingwithorrespondingtoanyoralrequestregardingsecunty
not be terminated under this paragraph without applying to a court or non-security mattersdoesn'twaive the strictrequirement for written
and showing that your ability to comply with the Lease Contract is notices under this Lease Contract.You must promptly notify us in
materially affected by reason of the servicemember's military service. writing of:water leaks; mold;electrical problems;malfunctioning
A co-resident who is not your spouse or dependant cannot terminate lights;broken or missing locks or latches;and other conditions that
under this military clause.Unless you state otherwise in paragraph pose a hazard to property,health,or safety.We may change or install
10,you represent when signing this Lease Contract that.(1)you do utility lines or equipment serving the apartment if the work is done
not already have deployment or change-of-station orders;(2)you will reasonably without substantially increasing your utility oasts.We may
not be retiring from the military during the Lease Contract term;and turn off equipment and interrupt utilities as needed to avoid r
(3)the term of your enlistment or obligation will not end before the dame or tipment a work.r utilities malfunction or are id property
ty
Lease Contract term ends,You waive all rights to terminate if you ger Pe g y
misrepresent the facts in the preceding sentence. fire,water,or similar cause,you must notify our representative
immediately.Air conditioning problems are normally not emergerndes.
24. RESIDENT SAFETY AND PROPERTY LOSS. You and all If air conditioning or other equipment malfunctions,you must notify
occupants and guests must exercise due care for your own and our representative as soon as possible on a business day.We'll act with
others'safety and security,especially in the use of smoke detectors, customary diligence to make repairs and reconnections,taking into
keyed deadbolt locks, keyless bolting devices,window latches, consideration when casualty insurance proceeds are received.Rent
and other safety or security devices.You agree to make every effort
to follow the Security Guidelines on page 5.Window screens are will not abate in whole or in part
not for security or keeping people from falling out. If we believe that fire or catastrophic damage is substantial,or that
Smoke Detectors. Well furnish smoke detectors as required by performance of needed repairs poses adangertoyou,wemaytermfnate
statute or city ordinance,and we'll test them and provide working this Lease Contract within a reasonable time by giving you written
batteries when you first take possession.After that,you must pay notice.If the LeaseContractissoterminated,we'll refund prorated rent
for and replace batteries as needed unless the law provides otherwise. and all deposits,less lawful deductions.
We may replace dead or missing batteries at your expense,without
prior notice to you.You must immediately report smoke detector 27. ANIMALS.Noanimats(includingmammals,reptiles,birds,fish,rodents,
malfunctions to us. Neither you nor others may disable smoke and insects)are allowed,even temporarily,anywhere in the apartment or
detectors.Ifyou damage or disable the smoke detector or remove a battery apartmentaommunityunfesswervesoauthorizedinwriting.Ifweallowan
without replacing it with a working battety,Wu may be liable to us under animal,you must sign a separate animal addendum and pay an
Section 92.2611 of the Property Code for$100 plus one month's rent actual animal deposit.An animal deposit is considered a seal security
damages, and attorneLfees. If you disable or damage the smoke ep° p° '
detector,or fail to replace a dead battery or report malfunctions to deposit. We will authorize a support animal for a disabled
us,you also will be liable to us and others for any loss,damage,or (handicapped)person We may require a written statement from a
fines from fire,smoke,or water. qualified professional verifying the need for the support animal and
Casualty Loss. We're not liable to any resident,guest,or occupant we may charge an animal deposit for a support animal.You must not
feed stray or wild animals.
for personal�' or damage or loss of personal property from fire,
smoke, rain,flood,water leaks,hail,ice, snow,lightning,wind, If you or any guest or occupant violates animal restrictions(with
explosions, interruption of utilities, theft, or vandalism unless or without your knowledge),you'll be subject to charges,damages,
otherwise required by law.We have no duty to remove any ice,sleet, eviction,and other remedies provided in this Lease Contract.If an
or snow but may remove any amount with or without notice.Unless animal has been in the apartment at an time our term of
we instruct otherwise,you must—for 24 hours a day during freezing p y �B y
weather—(l)keep the apartment heated to at Least 50 degrees; occupancy (with or without our consent), we'll charge you for
defleaing,deodorizing, and shampooing.Initial and daily animal-
Yom INmAm INmAus OF OuR RumseNrAnm APAR1TfINr LEASE COWRACr 0 21103,Texas APARrM r AssociAroN,INC. NEW PAGE3 of 6
violation charges and animal-removal charges are liquidated damages unauthorized security devices;removing unauthorized window
for our time,inconvenience,and overhead(except for attorneys fees and coverings;stopping excessive noise;removing health or safety
litigation costs)in enforcing animal restrictions and Hiles.We may remove hazards (including hazardous materials),or items prohibited
an unauthorized animal by(1)leaving,in a conspicuous place in the under our rules;removing perishablefoodstuffs if your electricity
apartment a 24-hour written notice of intent to remove the ammat and is disconnected;removing unauthorized animals;cutting off
(2)following the procedures of paragraph 26.We may keep or kennel the electricity according to statute;retrieving property owned or
animal or turn it over to a humane society or local authority.When keeping leased by former residents;inspecting when immediate danger to
or kenneling an ammal,we wodtbe liable for loss,harm,sickness,or death person or property is reasonably suspected;allowing persons to
of the animal unless due to our negligence.We'll return the animal to you enter as you authorized in your rental application(if you die,are
upon request if it has not already been turned over to a humane society incarcerated,etc.);allowing entry by a law officer with a search or
or local authority.You must pay for the animal's reasonable care and anestwarrantorinhotpursuit;showing apartment toprospective
kenneling charges.We have no lien on the animal for any purpose. residents(after move-out or vacate notice has been given);or
28. WHEN WE MAY ENTER. If you tpurpose of detennng housing and fire ordinance compliance,
any guest or occupant is showing apartment to government representativesfor the limited
u
present then repairers,servicers,contractors,our representatives, and to lenders,appraisers,contractors,prospective buyers,or
or other persons listed in (2) below may peacefully enter the
apartment at reasonable times for the purposes listed in(2)below. insurance agents.
If nobody is in the apartment, then such persons may enter 29. MULTIPLE RESIDENTS OR OCCUPANTS. Each resident is
peacefully and at reasonable times by duplicate or master key(or jointly and severally liable for all Lease Contract obligations. If you
by breaking a window or other means when necessary)if: or any guest or occupant violates the Lease Contract or Hiles,all
(1) written notice of the entry is left in a conspicuous place in the residents are considered to have violated the Lease Contract. Our
apartment immediately after the entry;and requests and notices(including sale notices)to any resident constitute
(2) entry is for. responding to your request making repairs or notice to all residents and occupants. Notices and requests from any
replacements;is for.es pondingimating to our request;
t;making
perforating resident or occupant(including notices of Lease Contract termination,
pest control;doing preventive or refurbishing
efurchecking for water repair requests, and entry permissions)constitute notice from all
leaks;chaungbrgfilters;testingorreplacingsmokedetectorbatteries; residents. In eviction suits,each resident is considered the agent of
retrievingrmretumedtools,equipment,orapplianoes;preventing all other residents in the apartment for service ofprocess.Any resident
waste of utilities;exercising our contractual lien;leaving notices; who defaults under this Lease Contract will indemnify the unn-
delivering,installing. reconnecting, or replacing appliances, defaulting residents and their guarantors.all
re Security deposit refunds
furniture,equipment,or security devices;removing or rekeying deduction
be by one check jointly payable to ail residents;the check and any
deduction itemizations mai be mailed to one resident on14'.
Replacements
30. REPLACEMENTS AND SUBLETTING. Replacing a resident, Procedures for Replacement. If we approve a replacement
subletting or assignment is allowed only when we consent in writing. resident,then,at our option:(1)the replacement resident must sign
If departing or remaining residents find a replacement resident this Lease Contract with or without an increase in the total security
acceptable to us before moving out and we expressly consent to the deposit;or(2)the remaining and replacement residents must sign
replacement subletting or assignment,then: an entirely new Lease Contract. Unless we agree otherwise in
writing your security deposit will automatically transfer to the
(1) a reletting charge will not be due; replacement resident as of the date we approve. The departing
(2) a reasonable administrative(paperwork)fee will be due,and a resident will no longerhave a rightto occupancyor a security deposit
rekeying fee will be due if rekeying is requested or required;and refund,but will remain liable for the remainder of the original Lease
(3) the departing and remaining residents will remain liable for all Contract term unless we agree otherwise in writing-even if a new
Lease Contract obligations for the rest of the original Lease Lease Contract is signed,
Contract term-
Default by Either Party
31. DEFAULT BY OWNER. We'll act with customary diligence to: sums due;the filing or acceptance doesn t waive or diminish our
(1) keep common areas reasonably clean,subject to paragraph 25; right ofeviction,oranyothercontractualorstatulnryright,Accepting
(2) maintain fixtures, furniture hot water, heating and A/C money at any time doesn't waive our right to damages;past or
equipment; future rent or other sums;or to continue with eviction proceedings.
(3) substantially comply with applicable federal,state,and local Acceleration.All monthly rent for the rest of the Lease Contract term
laws regarding safety,sanitation,and fair housing;and or renewal period will be accelerated automatically without notice or
(4) make all reasonable repairs,subject to your obligation to pay for demand(before or after acceleration)and will be immediately due and
damages for which you are liable. delinquent if,without our written consent:(1)you move out,remove
If we violate any of the above,you may possibly terminate this Lease property in preparing to move out or give oral or written notice(by you
Contract and exercise other remedies under Property Code Section or any occupant)of intent to move out before the Lease Contract term
92.056 by following this procedure: or renewal period ends;and(2)you've not paid all rent for the entire
a) all rent must be current and you must make a written request for Lease Contract term or renewal period.Such conduct is considered a
( Ydefaultforwhichweneed riot give you notice.Remaining rent also will
repair or remedy of the condition—,after which we'll have a be accelerated if you're judicially evicted or move out when we
reasonable time for repair or remedy, demand because you've defaulted. Acceleration is subject to our
(b) if we fail to do so,you must make a second written request for the mitigation obligations below.
repair or remedy (to make sure that there has been no Holdover.You or any occupant invitee,or guest must not hold over
nniscornmunication between us}—after which we'll have a beyond the date contained in your move-out notice or our notice to
reasonable time for the repair or remedy;and vacate(or beyond a different move-out date agreed to by the parties in
(c) if the repair or remedy still hasp t been accomplished within that writing).If aholdover occurs,then:(1)holdover rent is due in advance
reasonable time period,you may immediately terminate this ona dailybasis and maybecome delinquentwithout noticeordemand;
Lease Contract by giving us a final written notice.You also may (2)rent for the holdover period Will be increased by 25%over the then-
exercise other statutory remedies. existing rent,without notice;(3)you'll be liable to us(subject to our
Instead of giving the two written requests referred to above,you may mitigation duties)for all rent for the full term of the previously signed
give us one request by certified mail,return receipt requested,or by Lease Contract of a new resident who can`t occupy because of the
registered mail—after which we will have a reasonable time for repair holdover;and(4)at our option,we may extend the Lease Contract
or remedy."Reasonable time"takes into account the nature of the term—for up to one month from the date of notice of Lease Contract
problem and the reasonable availability of materials,labor,andutilities. extension—by delivering written notice to you or your apartment
Your rent must be current at the time of any request.We will refund while you continue to hold over.
security deposits and prorated rent as required by law. Other Remedies.If your rent is delinquent and we give you 5 days'
prior writtennoticewe may terminate electricity that we've furnished
32. DEFAULT BY RESIDENT. You'll be in default if:(1)you don't pay at our expense,unless govcmmcnta[regulations on submetering or
rent or other amour h3tyog owe;_(Z)you or any guest or occupanE utility proration iyrnl'r ie olhcrn ise.We may re'port uuaid amounts
violates this Lease Contract,aparhnent rules,or fire,safety,health,or to credit agencies.If you default and move orf early,you will pay
criminal laws,regardless ofwhether arrest orconviction occurs;(3)you us any amounts stated to be rental discounts agreed to in writing
abandon the apartment;(4)you give incorrect or false answers in a in addition to other sums due.Upon your default,we have all other
rentalapplication;(5)you oranyoccupant isarrested,charged,detained, legal remedies,including Lease Contract termination and statutory
convicted,or given deferred adjudication for a felony offense involving lockout under Section 92.0081 of the Property Code.Unless a party
actual or potential physical harm to a person,or involving possession, is seeking exemplary, punitive, sentimental,or personal-injury
manufacture,or delivery of a controlled substance,marihuana,or drug damages,the prevailing party may recover from the non-prevailing
paraphernalia as defined in the Texas Controlled Substances Act;(6)any party attorney's fees and all other litigation costs.Late charges are
illegal drugs or paraphernalia are found in your apartment;or(7)you liquidated damages for our time,inconvenience,and overhead in
or any occupankmbadfaith makes aninvabilhabitabilitycomplainttoan collecting late rent(but are not for attorney's fees and litigation
official or employee of a utility company or the government. costs).All unpaid amounts bear 18%interest per year from due
date,compounded annually.You must pay all collection-agency
Eviction. If you default,we may end your right of occupancy by giving fees if you fail to pay all sums due within 10 days after we mail you
you a 24-hour written notice to rwcate.Notice may be by:(1)regular a letter demanding payment and stating that collection agency fees
mail;(2)certified mail,return receipt requested;(3)personal delivery will be added if you don't pay all sums by that deadline.
to any resident; (4)personal delivery at the apartment to any
occupant over 16 years old;or(5)affixing the notice to the inside Mitigation of Damages. If you move out early,you'll be subject
of the apartment's main entry door.Termination of your possession to paragraph 11 and all other remedies.We'll exercise customary
rights or subsequent reletting doesn't release you from liability for diligence to relet and minimize damages.We'll credit all subsequent
future rent or other Lease Contract obligations.After giving notice rent that we actually receive from subsequent residents against your
to vacate or filing an eviction suit,we may still accept rent or other liability for past-due and future rent and other sums due.
APARrww LEASE CONTRACT 0 2003,TEXAS APARTArr.Nr AssociArioN,Ise. NEW PACE 4-6
General Clauses
33. MISCELLANEOUS. Neither we nor any of our representatives have Cablechannels thatare provided maybe changed during the Lease
made any oral promises, representations, or agreements. This Lease Contract term if the change applies to all residents.Utilities maybe
Contract is the entire agreement between you and us.Our representatives used only fornormal household purposes and must notbewasted.If
(including management personnel, employees, and agents)have no your electricity is ever interrupted,you must use only battery-
authority to waive,amend,or terminate this Lease Contract or any part operated lighting.
of it,unless in writing,and no authority to make promises,representations,
or agreements that impose security duties or other obligations on us or our 34. PAYMENTS.Payment of all sums is an independent covenant.At
representatives unless in writing. No action or omission of our our option and without notice,we may apply money received(other
representative will be considered a waiver of any subsequent violation, than sale proceeds under paragraph 13 or utility payments subject
default, or time or place of performance. Our not enforcing or to governmental regulations)first to any of your unpaid obligations,
belatedly enforcing written-notice requirements,rental due dates, then to current rent-regardless of notations on checks or money
acceleration, liens, or other rights isn't a waiver under any orders and regardless of when the obligations arose.Ail sums other
Circumstances.Except when notice or demand is required by statute, than rent are due upon our demand.After the due date,we do not
you waive any notice and demand for performance from us if you have to accept the rent or any other payments.
default.Written notice to or from our managers constitutes notice to
or from us.Any person giving a notice under this Lease Contract 35. TAA MEMBERSHIP.We represent that,at the time of signing this
should retain a copy of the memo,letter,or fax that was given.Fax Lease Contract or a Lease Contract Renewal Form:(1)we;(2)the
signatures are binding.All notices must be signed.Notices may not management company that represents us;or(3)any locator service
be given by email. that procured you is a member in good standing of both the Texas
Apartment Association and the affiliated local apartment association
Exercising one remedy won't constitute an election or waiver of other for the area where the apartment is located.The member is either an
remedies.Insurance subrogation is waived by all parties.All remedies owner J management company member or an associate member doing
are cumulative.No employee,agent,or management company is business as a locator service(whose name and address is disclosed on
personally liable for any of our contractual, statutory,or other page 6).If not,the following applies:(1)this Lease Contract is voidable
obligations merely by virtue of acting on our behalf.This Lease atyour optionand is unenforceableby us(except forproperty damages);
Contract binds subsequent owners.Neither an invalid clause nor the (2)we may not recover past or future rent or other charges;and(3)we
omission of initials on any page invalidates this Lease Contract.All will be in violation of the Texas Penal Code and the Texas Deceptive
notices and documents may be in English and,at our option,in any Trade Practices Act.The above remedies also apply if both of the
language that you read or speak All provisions regarding our non- following occur: (1)the Lease Contract is automatically renewed on a
liability and non-duty apply to our employees, agents, and month-to-month basis two or more times after membership in TAA
management companies.This Lease Contract is subordinate or and the local association has lapsed;and(2)neither the owner nor the
superior to existing and future recorded mortgages,at lender's management company is a member of TAA and the local association
option.All Lease Contract obligations must be performed in the at the time of the third automatic renewal.A signed affidavit from
county where the apartment is located, the local affiliated apartment association which attests to non-
membership when the Lease Contract or renewal was signed will
We may deactivate or not install keyless bolting devices on your be conclusive evidence of non-membership.Governmental entities
doors if(1)you or an occupant in the dwelling is over 55 or disabled, may use TAA forms if TAA agrees in writing.
and(2)the requirements of Section 92,153(e)or(f)of the Property
Code are satisfied.
Security Guidelines for Residents
36. SECURITY GUIDELINES. In cooperation with the Texas PERSONAL SECURITY-WHILE OUTSIDE YOUR APARTMENT
Apartment Association, we'd like to give you some important 15. Lock your doors while you're gone.Lock any door handle lock,
safety guidelines. The Texas Police Association and the Sheriffs' keyed deadbolt lock,sliding door pin lock,sliding door handle
Association of Texas have approved these suggestions. We latch,and sliding door security bar that you have.
recommend that you follow these guidelines and use common
sense in practicing safe conduct.Inform all other occupants in your 16. Leave a radio or TV playing softly while you're gone.
dwelling, including any children you may have, about these 17. Close and latch your windows while you're gone,particularly
guidelines. when you're on vacation.
PERSONAL SECURITY-WHILE INSIDE YOUR APARTMENT 18. Tell your roommate or spouse where you re going and when
you'll be back.
1. Lock your doors and windows-moven while you're inside. 19. Dont walk alone at night.Don't allow your family to do so.
2. Engage the keyless deadbolts on all doors while you're inside. 20. Dont hide a key under the doormat or a nearby flowerpot.
3. When answering the door,see who is there by looking through These are the first places a burglar will look.
a window or peephole.If you don't know the person,first talk 2L Don't give entry keys,codes or electronic gate cards to anyone.
with him or her without opening the door. Don't open the door if
you have any doubts. 21 Use lamp timers when you go out in the evening or go away on
4. If children(who are old enough to take care of themselves)are vacation. They can be purchased at most hardware stores.
left alone in your apartment,tell them to use the keylessdeadbolt 23. Let the manager and your friends]mow if you'll be gone for an
and refuse to let anyone inside while you are gone-regardless extended time. Ask your neighbors to watch your apartment
ofwhethertheperson isastrangeroranapartment maintenance since the management cannot assume that responsibility.
or management employee. 24. While on vacation,temporarily stop your newspaper and mail
5. Dont put your name,address,or phone number on your key delivery,or have your mail and newspaper picked up daily by
ring. a friend.
6. If you're concerned because you've lost your key or because 25• Carry your door key in your hand,whether it is daylight or dark
someone you distrust has a key,ask the management to rekey when walking to your entry door.You are more vulnerable
the locks.You have a statutory right to have that done,as long when looking for your keys at the door.
as you pay for the rekeying.
7. Dial 911 for emergencies.If the 911 number does not operate in PERSONAL SECURITY-WHILE USING YOUR CAR
your area,keep phone numbers handy for the police,fire,and 26. Lock your car doors while driving.Lock your car doors and roll
emergency medical services.If an emergency arises,call the up the windows when leaving your car parked.
appropriate governmental authorities first, then call the
management, 27. Don't leave exposed items in your car,such as cassette tapes,
8. Check your smoke detector monthly to make sure it is working wrapped packages,briefcases,or purses.
properly and the batteries are still okay. 26. Don't leave your keys in the car.
9. Check your door locks, window latches, and other security 29. Carry your key ring in your hand whenever you are walking to
devices regularly to be sure they are working properly. your car-whether it is daylight or dark and whether you are at
10. If your doors or windows are unsecure due to break-ins or home,school,work,or on vacation.
malfunctioning locks or latches,stay with friends or neighbors 30. Always park in a well-lighted area.If possible,try to park your
until the problem is fixed. car in an off-street parking area rather than on the street.
11. Immediately report to management-in writing, dated and 31. Check the backseat before getting into your car.
signed any needed repairs of locks,latches,doors,windows, 32. Be careful when stopping at gas stations or automatic-teller
smoke detectors,and alarm systems. machines at night-or anytime when you suspect danger.
12. Immediately report to management-in writing, dated and
signed-any malfunction of other safety devices outside your PERSONAL SECURITY AWARENESS
apartment,suchasbrokengatelocks,burned-outlightsinstairwells
and parking lots,blocked passages,broken railings,etc. No security system is failsafe.Even the best system can't prevent
crime.Always act as if security systems don't exist since they are
subject to malfunction,tampering,and human error. We disclaim
14. Mark or engrave your driver's license number or other any express or implied warranties of security. The best safety
identification on valuable personal property. measures are the ones you perform as a matter of common sense and
habit.
APAErMercr LeASE CoNmAc-r 0 2003,TE As AewarM w Assocurrom,Inc PAGE 5 cr 6
When Moving Out
37. MOVE OUT NOTICE. Before moving out,you must give our 41. SECURITY DEPOSIT DEDUCTIONS AND OTHER CHARGES.
representative advance written move-out notice as provided below. You'll be liable for the following charges,if applicable:unpaid rent;
Your move-out notice will not release you from liability for the full unpaid utilities;unreimbursed service charges;repairs or damages
term of the Lease Contract or renewal term.You will still be liable for caused by negligence,carelessness,accident,or abuse,indud ing stickers,
the entire Lease Contract term if you move out early(paragraph 22) scratches,tears,bums,stains,or unapproved holes;replacement cost of
except under the military clause(paragraph 23).YOUR MOVE-OUT our property that was in or attached to the apartment and is missing;
NOTICE MUST COMPLY WITH EACH OF THE FOLLOWING: replacing dead or missing smoke-detector batteries at any time;utilities
• We must receive advance written notice ofvourmove-out date for repairs or cleaning;trips to let inmmpanyrepresentativestoremove
The number of days of the advance noticemust be at least the your telephone or TV cable services or rental items(if you so request or
number of days of notice required in paragraph 3 or in special vemovedout);trips toopentheapartmentwhenyouoranyguestor
provisions--even if the Lease Contract has become a month-to- occupantismissingakey;unreturnedkeys;missing orbumed-outlight
month lease.If a move-out notice is received on the first,it will bulbs;removing or rekeying unauthorized security devices or alarm
suffice for move-out on the last day of the month of intended systems;agreed reletting charges;packing,removing,or storing
move-out,provided that all other requirements below are met. property removed or stored under paragraph 13;removing illegally
parked vehicles;special trips for trash removal caused by parked
• The move-out date in your notice[check one]:O must be the last vehicles blocking dumpsters•false security-alarm chargesunless due
day of the month;or O may be the exact day designated in your to our negligence;animal-related charges under paragraphs 6 and 27;
notice.If neither is checked,the second applies• government fees or fines against us for violation(by you,your
• Your move-out notice must be in writing.Oral move-out notice occupants,or guests)of local ordinances relating to smoke detectors,
will not be accepted and will not terminate your Lease Contract. false alarms,recycling,or other matters;late-payment and returned-
check Your move-out notice must not terminate the Lease Contract check charges; a charge (not to exceed $100)for our time and
sooner than the end of the Lease Contract term or renewal period. inconveniencecodonocs in our lawful removal tt n animal or in any valid
eviction proceeding against you,plus attorney's fees,court costs,and
YOUR NOTICE IS NOT ACCEPTABLE IF IT DOES NOT COMPLY filing fees actually paid;and other sums due under this Lease Contract.
WITH ALL OF THE ABOVE.Please use our written move-out form.
You must obtain from our representative written acknowledgment You'll be liable to us for: (1)charges for replacing all keys and access
that we received your move-out notice.If we terminate the Lease devices referenced inparagraph51f youfail toreturn them on orbefore
Contract,we must give you the same advance notice—unless you your actual move-out date;(2)accelerated rent if you have violated
are in default. paragraph 32;and(3)a reletting fee ff you have violated paragraph 11.
38. MOVE-OUT PROCEDURES. The move-out date can't be changed 42. DEPOSITRETURN,SURRENDER,AND ABANDONMENT.We'll
unless we and you both agree in writing.You wont move out before mail you your security deposit refund(less lawful deductions)and an
the Lease Contract term or renewal period ends unless all rent for the itemized accounting of any deductions no later than 30 days after
entire Lease Contract term or renewal period is paid in full. Early surrender or abandonment,unless statutes provide otherwise.
move-out may result in reletting charges and acceleration of future
rent under paragraphs 11 and 32.You're prohibited by law from You have surrendered the apartment when:(1)the move-out date has
applying any security deposit to rent.You won't stay beyond the date passed and no one is living in the aparlmtentinour reasonablejudgment;
you are supposed to move out.All residents,guests,and occupants or(2)all apartment keys and access devices listed in paragraph 5 have
must surrender or abandon the apartment before the 30-day period been turned in where rent is paid—whichever date occurs first
for deposit refund begins.You must give us and the U.S.Postal You have abandoned the apartment when all of the following have
Service,in writing,each resident's forwarding address. occurred:(1)everyone appears to have moved out in our reasonable
39. CLEANING. You must thoroughlyclean the apartment,including judgment(2)clothes,furniture,and pen;onal belongings have been
P < ding 1ku y removed in our reasonable judgment;(3)you've been in
doors,windows,furniture,bathrooms,kitchen applitt ins,patios, non-payment of rent for 5 consecutive days,or water,gas,
balconies,garages,carports,and storage rooms.You rnua follow ore service for theapautnentnotconnected inournamehasbeen
move-out cleaning instructions if they have beenrovided.If terminated;and(4)you've not responded for 2 days to our notice left
dont clean adequately, you ll be lial(�edfp reanab)tt Clearyyou on the inside of main entry door,stating that we consider the
charges—including charges for cleaning apartment abandoned.in apartment is also"abandoned"10 days
walls,etc that are soiled beyond normal wear(that is wearor g after the death of a sole resident
that occurs without negligence,carelessness,accident,or abuse).
*mender,abandonment, or judicial eviction ends your right of
40. MOVE-OUT INSPECTION. You should meet with our sfossessionfor all purposes and gives usthe immediate right to:dean
representative for a move-out inspection.Our representative has no up,make repairs in,and relet the apartment,determine any security
authority tobindorlimit usregarding deductions for repairs,damages, deposit deductions;and remove property left in the apartment.
or charges.Any statements or estimates by us or our representative are Surrender,abandonment,and judicial eviction affect your rights to
subject to our correction,modification,or disapproval before final property left in the apartment(paragraph 13),but do not affect our
refunding or accounting. mitigation obligations(paragraph 32).
Signatures,Originals and Attachments
43. ORIGINALS AND ATTACHMENTS.This Lease Contracthas been
executed in multiple originals,each with original signatures—one for You are legally bound by this document Please read it carefully
you and one or more for us.Our rules and community policies,if any, Before submitting a rental application
will be attached to the Lease Contract and given to you at signing. or signing a Lease Contract,you ay take a copy
When an Inventory and Condition form is completed,both you and of m
these documents to review and/or consult an attorney.
we should retain a copy.The items checked below are attached to this
Lease Contract and are binding even if not initialed or signed. Additional provisions or changes may be made
O Access Gate Addendum, dated in the Lease Contract if agreed to in writing by all parties.
O Additional Special Provisions You are entitled to receive an original of this Lease Contract
O Animal Addendum after it is fully signed.Keep it in a safe place.
O Apt.Rides or Community Policies,dated
D Asbestos Addendum(if asbestos is present) Resident or Residents(all sign below)
O Early Termination Addendum, dated
O Enclosed Garage,Carport or Storage Unit Addendum,
dated
Cl Inventory dr Condition Form
O Intrusion Alarm Addendum,dated
O Lead Hazard Information and Disclosure Addendum
O Lease Contract Guaranty( guaranties,if more than one)
O Legal Description of Unit(if rental term longer than one year)
Cl Mold Information and Prevention Addendum
O Move-Out Cleaning Instructions, dated
O Notice of Intent to Move Out Form Owner or Owner's Representative (signing on behalf of owner)
O Parking Permit or Sticker(quantity:_)
Cl Repair or Service Request Form
O Satellite Dish or Antenna Addendum
O TCEQ Tenant Guide to Water Allocation
O Utility Allocation Addendum for. O electricity O water O gas Address and phone number of owner's representative for notice purposes
Cl central system costs Cl trash removal
❑Utility Submetering Addendum for.O electricity O water O gas
71 Other
Name and address of locator service(if applicable)
Date form is filled out(same as on top of page 1)
Anurrn>nvrLusecoir cr TAA Official Statewide Form 03-AI&1/&2;Revised October 2003 Copyright 2003,Texas Apartment Association,Inc PAGE60e6
EXHIBIT "E"
TENANCY ADDENDUM
1. KATRINA Interim Shelter Program Contract or transfer the unit.
a. Apartment is leasing the unit ("Rental Unit')
as described in the lease to which this 4. Rent to Apartment
addendum is attached ("Lease Contract") to a. The initial rent to Apartment may not
the tenant for occupancy by the tenant's exceed the amount approved by City in
family with funding for a tenancy under the accordance with Program requirements.
Katrina interim shelter program ("Program") b. Changes in the rent for any Rental Unit shall
of the City of Fort Worth,Texas("City"). be determined by the provisions of the Lease
b. Apartment has entered into an Interim Contract. However, Apartment may not
Shelter Agreement ("Agreement") with City raise the rent during the initial term or any
for the Program. Under the Agreement, City renewal term of the Lease Contract.
will make Program payments to Apartment
to assist the tenant in leasing the Rental Unit 5. Tenant Payment to Apartment
from Apartment. a. Each month, City will make a Program
payment to Apartment on behalf of tenant in
2. Lease accordance with the Agreement. The
a. Apartment will give City a copy of the monthly Program payment shall be applied
executed Lease Contract, including any to the monthly rent to Apartment for the
revisions agreed by Apartment and the Rental Unit.
tenant. Apartment certifies that the terms of c. The tenant is not responsible for paying the
the Lease Contract are in accordance with portion of rent to Apartment covered by City
all provisions of the Agreement and that the Program payment under the Agreement
Lease Contract includes this tenancy between Apartment and City. An uncured
addendum. failure by City to pay the Program payment
b. The tenant and Apartment shall have the to Apartment is ground for Apartment to
right to enforce this Tenancy Addendum terminate the tenancy for nonpayment of
against the other party. If there is any City Program payment, however, tenant
conflict between the Tenancy Addendum shall not be obligated for any rent
and any other provisions of the Lease deficiency.
Contract, the language of the Tenancy d. Apartment may not charge or accept, from
Addendum shall control. the tenant or from any other source, any
payment for rent of the Rental Unit in
3. Use of Rental Unit addition to the rent amount set forth in the
a. During the Lease Contract term, the tenant Lease Contract. Rent to Apartment includes
will reside in the Rental Unit with Program all housing services, maintenance, utilities
payments from City. and appliances to be provided and paid by
b. The composition of the tenant's household Apartment in accordance with the Lease
must be approved by City. The tenant must Contract.
promptly inform City of the birth, adoption
or court-awarded custody of a child by
tenant or any person residing in tenant's 6. Other Fees and Charges
Rental Unit. Other persons may not be a. Rent to Apartment does not include cost of
added to the household without prior written any meals or supportive services or furniture
approval of Apartment and City. which may be provided by Apartment.
c. The Rental Unit may only be used for b. Apartment may not require the tenant or
residence by the tenant's family. The unit tenant's family members to pay charges for
must be the family of tenant's only any meals or supportive services or furniture
residence. Members of the household may (if any), which are to be provided by
engage in legal profitmaking activities to the Apartment pursuant to the Lease Contract.
extent permitted in the Lease Contract. Nonpayment of any such charges is not
d. The tenant may not sublease or let the unit. grounds for termination of tenancy.
e. The tenant may not assign the Lease C. Apartment may not charge the tenant extra
amounts for items customarily included in paragraph d).
rent to Apartment in the locality, or provided c. Criminal activity or alcohol abuse.
at no additional cost to unsubsidized tenants (1) Apartment may terminate the tenancy
in the premises. during the term of the Lease Contract
if any member of the tenant's
7. Maintenance, Utilities, and Other household, a guest or another person
Services under a tenant's or resident's control
a. Maintenance commits any of the following types of
(1) Apartment must maintain the unit and criminal activity:
premises in accordance with the MAS (a) Any criminal activity that
(as defined in the Agreement). threatens the health or safety
(2) Maintenance and replacement of, or the right to peaceful
(including redecoration) must be in enjoyment of the premises by,
accordance with the standard practice other residents (including
for the building concerned as property management staff
established by Apartment. residing on the premises);
b. Utilities and appliances (b) Any criminal activity that
(1) Apartment must provide all utilities threatens the health or safety
needed to comply with the MAS. of, or the right to peaceful
(2) Apartment is not responsible for a enjoyment of their residences
breach of the MAS caused by the by, persons residing in the
failure to: immediate vicinity of the
(a) Pay for any utilities that are to premises;
be paid by City. (c) Any violent criminal activity
(b) Provide and maintain any on or near the premises;or
appliances that are to be (d) Any drug-related criminal
provided by or on behalf of the activity on or near the
tenant. premises.
(3) Tenant damage. Apartment is not (2) Apartment may terminate the tenancy
responsible for a breach of the MAS during the term of the Lease Contract
because of damages beyond normal if any member of the household is:
wear and tear caused by any member (a) Fleeing to avoid prosecution,
of the household or by a guest. or custody or confinement
(4) Housing services. Apartment must after conviction, for a crime, or
provide all housing services as agreed attempt to commit a crime,that
to in the Lease Contract. is a felony under the laws of
the place from which the
8. Termination of Tenancy by Apartment individual flees; or
a. Requirements. Apartment may only (b) Violating a condition of
terminate the tenancy in accordance with the probation or parole under
Lease Contract and FEMA or HUD Federal or State law.
requirements. (3) Apartment may terminate the tenancy
b. Grounds. During the term of the Lease for criminal activity by a household
Contract (the initial term of the Lease member of tenant's Rental Unit in
Contract or any extension term), Apartment accordance with this section if
may only terminate the tenancy because of: Apartment determines that the
(1) Serious or repeated violation of the household member has committed the
Lease Contract; criminal activity, regardless of
(2) Violation of Federal, State, or local whether the household member has
law that imposes obligations on the been arrested or convicted for such
tenant in connection with the activity.
occupancy or use of the unit and the (4) Apartment may terminate the tenancy
premises; during the term of the Lease Contract
(3) Criminal activity or alcohol abuse (as if any member of the household has
provided in paragraph c); or engaged in abuse of alcohol that
(4) Other good cause (as provided in threatens the health, safety or right to
peaceful enjoyment of the premises Apartment may NOT collect a security deposit
by other residents. from the tenant.
d. Other good cause for termination of
tenancy. After the initial Lease Contract 13. Prohibition of Discrimination
term,such good cause includes: In accordance with applicable equal opportunity
(a) The tenant's failure to accept statutes, Executive Orders, and regulations,
Apartment's offer of a new Apartment must not discriminate against any
Lease Contract or revision; person because of race, color, religion, sex,
(b) Apartment's desire to use the national origin, familial status or disability in
unit for personal or family use connection with the Lease Contract.
or for a purpose other than use
as a residential rental unit; or 14. Conflict with Other Provisions of Lease
(c) A business or economic reason Contract
for termination of the tenancy a. The terms of the Tenancy Addendum are
(such as sale of the property, prescribed by City as a condition for
renovation of the unit, assistance to the tenant and tenant's family
Apartment's desire to rent the under the Program.
unit for a higher rent). b. In case of any conflict between the
e. Eviction by court action. Apartment may provisions of the Tenancy Addendum as
only evict the tenant by a court action. required by City, and any other provisions of
f. Apartment notice of grounds the Lease Contract or any other agreement
(1) At or before the beginning of a court between Apartment and the tenant, the
action to evict the tenant, Apartment requirements of this Tenancy Addendum
must give the tenant a notice that shall control.
specifies the grounds for termination c. In case of any conflict between the
of tenancy. The notice may be provisions of the Agreement and the
included in or combined with any Tenancy Addendum or Lease Contract, the
Apartment eviction notice. Agreement shall control.
(2) Apartment must give City a copy of
any Apartment eviction notice at the 15. Changes in Lease Contract or Rent
same time Apartment notifies the a. The tenant and Apartment may not make
tenant. any change in the Tenancy Addendum.
(3) Eviction notice means a notice to However, if the tenant and Apartment agree
vacate, or a complaint or other initial to any other changes in the Lease Contract,
pleading used to begin an eviction such changes must be in writing, and
action under State or local law. Apartment must immediately give City a
copy of such changes. The Lease Contract,
9. Lease: Relation to Agreement including any changes, must be in
If the Agreement terminates for any reason, the accordance with the requirements of the
Lease Contract terminates automatically. Tenancy Addendum.
b. In the following cases, tenant-based
10. City Termination of Assistance assistance shall not be continued unless City
City may terminate Program assistance for the has approved a new tenancy in accordance
tenant for any grounds authorized in accordance with Program requirements:
with the Agreement requirements. If City (1) If there are any changes in Lease
terminates Program assistance for the tenant Contract requirements governing
and/or tenant's family, the Lease Contract tenant or Apartment responsibilities
terminates automatically. for utilities or appliances; or
(2) If there are any changes in Lease
11. Tenant Move Out Contract provisions governing the
The tenant must notify City and Apartment term of the Lease Contract.
before the occupants move out of the Rental c. City approval of the tenancy, and execution
Unit. of a new Agreement, are not required for
agreed changes in the Lease Contract other
12. Security Deposit than as specified in paragraph b.
d. Apartment must notify City of any changes redetermined by City in accordance with
in the amount of the rent to Apartment at HUD requirements.
least 35 days before any such changes go
into effect, and the amount of the rent to 16. Notices
Apartment following any such agreed Any notice under the Lease Contract by the
change may not exceed the reasonable rent tenant to Apartment or by Apartment to the
for the unit as most recently determined or tenant must be in writing.
TENANT(S)
APARTMENT