HomeMy WebLinkAboutContract 32483INTERIM SHELTER AGREEMENT
BETWEEN THE CITY OF FORT WORTH
and NDC FORT WORTH AFFORDABLE HOUSING I, LTD
dba AUTUMN CHASE APARTMENTS
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 NDC Fort Worth Affordable
Housing I, LTD dba Autumn Chase Apartments, ("Apartment"), whose address is 3500 S.
Riverside Drive, Fort Worth, Texas 76119, acting by and through Jim Buelman, its duly
authorized Agent. (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 H
LEASE OF RENTAL UNITS
HOUSING ASSISTANCE PAYMENT AGREEMENT Page I
Revised 9/15/05
(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 ac
HOUSING ASSISTANCE PAYMENT AGREEMENT Page 2 Revised 9/15/05
(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 During 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 Anv 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 HUDrequirements, 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
HOUSING ASSISTANCE PAYMENT AGREEMENT Page 3 Revised 9/15/05
family composition.
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.
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.
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)Z
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
Agreement, and City shall not pay a Program payment to Apartment for any month after the
HOUSING ASSISTANCE PAYMENT AGREEMENT Page 4 Revised 9/15/05
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) Rent shall not be prorated for a partial month and Apartment shall provide Rental Units
to tenants for a partial month without assessing Rent.
(d) The Program payments shall be credited against the monthly Rent to Apartment for the
Rental Unit.
(e) 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.
(f) 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.
(g) 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 DISCRINIINATION
HOUSING ASSISTANCE PAYMENT AGREEMENT Page 5 Revised 9/15/05
(a) In accordance with applicable equal opportunity statutes, Executive Orders, and
regulations, Apartment shall not discriminate against any person because of race, color, religion,
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 VIH
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.
HOUSING ASSISTANCE PAYMENT AGREEMENT Page 6 Revised 9/15/05
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.
HOUSING ASSISTANCE PAYMENT AGREEMENT
s
L
Page 7 y,evs 9115/ay
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(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
HOUSING ASSISTANCE PAYMENT AGREEMENT Page 8 Revised 9/15/05
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, on the date or dates indicated
below.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
HOUSING ASSISTANCE PAYMENT AGREEMENT Page 9 Revised 9/15/05
ATTEST:
Marty Hencsx, City Secretary
NO M&C REQUIRED
APPROVED AS TO FORM AND
LE ALITY:
Oils,^
ssistant City Atforney
CITY OF
By: JI
Joe P ' g ss cant City Manager
Date: J 7
I
APARTMENT
NDC Fort Worth Affordable Housing I, Ltd.
dba Autumn Chase Apartnwnts
By:
Nam . J' u man
Title. _ ent I
Date: 7 / 5�f
HOUSING ASSISTANCE PAYMENT AGREEMENT Page 10
n
Revised 9/15/05
EXHIBIT "A"
RENTAL UNITS
The Rental Units shall include the following units, subject to change in accordance with
the provisions of this Agreement:
Two Bedroom Rental Units (insert addresses below):
3500 S Riverside Dr
109
3500 S Riverside Dr
202
3500 S Riverside Dr
204
3500 S Riverside Dr
I 210
3500 S Riverside Dr
I 604
3500 S Riverside Dr
I 1304
3500 S Riverside Dr
I 1306
3500 S Riverside Dr
I 1404
3500 S Riverside Dr
I 1408
3500 S Riverside Dr
I 2112
3500 S Riverside Dr
2205
3500 S Riverside Dr
I 2208
3500 S Riverside Dr
I 2302
3500 S Riverside Dr
2304
3500 S Riverside Dr
2306
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: ^L�', � 1 nr L van
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CITY ���I—°��V
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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.
1 La ✓'Ul u`:a
EXHIBIT licit
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 C C
Cooking G Natural gas G Bottle gas G Electric C C
Water Heating G Natural gas G Bottle gas G Electric
Other Electric
Water
Sewer
Trash Collection
Air Conditioning
Refrigerator
Range/Microwave
Other (specify)
C C
A A
A A
A A
C C
A A
A A
EXHIBIT "D"
LEASE CONTRACT
[SAMPLE LEASE USED BY APARTMENT WITH
TENANTS SHALL BE ATTACHED]
EXHIBIT "E"
TENANCY ADDENDUM
1. KATRINA Interim Shelter Program
a. Apartment is leasing the unit ("Rental Unit')
as described in the lease to which this
addendum is attached ("Lease Contract") to
the tenant for occupancy by the tenant's
family with funding for a tenancy under the
Katrina interim shelter program ("Program")
of the City of Fort Worth, Texas ("City").
b. Apartment has entered into an Interim
Shelter Agreement ("Agreement") with City
for the Program. Under the Agreement, City
will make Program payments to Apartment
to assist the tenant in leasing the Rental Unit
from Apartment.
2. Lease
a. Apartment will give City a copy of the
executed Lease Contract, including any
revisions agreed by Apartment and the
tenant. Apartment certifies that the terms of
the Lease Contract are in accordance with
all provisions of the Agreement and that the
Lease Contract includes this tenancy
addendum.
b. The tenant and Apartment shall have the
right to enforce this Tenancy Addendum
against the other party. If there is any
conflict between the Tenancy Addendum
and any other provisions of the Lease
Contract, the language of the Tenancy
Addendum shall control.
3. Use of Rental Unit
a. During the Lease Contract term, the tenant
will reside in the Rental Unit with Program
payments from City.
b. The composition of the tenant's household
must be approved by City. The tenant must
promptly inform City of the birth, adoption
or court -awarded custody of a child by
tenant or any person residing in tenant's
Rental Unit. Other persons may not be
added to the household without prior written
approval of Apartment and City.
c. The Rental Unit may only be used for
residence by the tenant's family. The unit
must be the family of tenant's only
residence. Members of the household may
engage in legal profitmaking activities to the
extent permitted in the Lease Contract.
d. The tenant may not sublease or let the unit.
e. The tenant may not assign the Lease
Contract or transfer the unit.
4. Rent to Apartment
a. The initial rent to Apartment may not
exceed the amount approved by City in
accordance with Program requirements.
b. Changes in the rent for any Rental Unit shall
be determined by the provisions of the Lease
Contract. However, Apartment may not
raise the rent during the initial term or any
renewal term of the Lease Contract.
5. Tenant Payment to Apartment
a. Each month, City will make a Program
payment to Apartment on behalf of tenant in
accordance with the Agreement. The
monthly Program payment shall be applied
to the monthly rent to Apartment for the
Rental Unit.
c. The tenant is not responsible for paying the
portion of rent to Apartment covered by City
Program payment under the Agreement
between Apartment and City. An uncured
failure by City to pay the Program payment
to Apartment is ground for Apartment to
terminate the tenancy for nonpayment of
City Program payment, however, tenant
shall not be obligated for any rent
deficiency.
d. Apartment may not charge or accept, from
the tenant or from any other source, any
payment for rent of the Rental Unit in
addition to the rent amount set forth in the
Lease Contract. Rent to Apartment includes
all housing services, maintenance, utilities
and appliances to be provided and paid by
Apartment in accordance with the Lease
Contract.
6. Other Fees and Charges
a. Rent to Apartment does not include cost of
any meals or supportive services or furniture
which may be provided by Apartment.
b. Apartment may not require the tenant or
tenant's family members to pay charges for
any meals or supportive services or furniture
(if any), which are to be provided by
Apartment pursuant to the Lease Contract.
Nonpayment of any such charges is not
grounds for termination of t
c. Apartment may not charge tll6;; COED
v,.-
amounts for items customarily included in
rent to Apartment in the locality, or provided
at no additional cost to unsubsidized tenants
in the premises.
7. Maintenance, Utilities, and Other
Services
a. Maintenance
(1)
Apartment must maintain the unit and
premises in accordance with the MAS
(as defined in the Agreement).
(2)
Maintenance and replacement
(including redecoration) must be in
accordance with the standard practice
for the building concerned as
established by Apartment.
b. Utilities
and appliances
(1)
Apartment must provide all utilities
needed to comply with the MAS.
(2)
Apartment is not responsible for a
breach of the MAS caused by the
failure to:
(a) Pay for any utilities that are to
be paid by City.
(b) Provide and maintain any
appliances that are to be
provided by or on behalf of the
tenant.
(3)
Tenant damage. Apartment is not
responsible for a breach of the MAS
because of damages beyond normal
wear and tear caused by any member
of the household or by a guest.
(4)
Housing services. Apartment must
provide all housing services as agreed
to in the Lease Contract.
8. Termination of Tenancy by Apartment
a. Requirements. Apartment may only
terminate the tenancy in accordance with the
Lease Contract and FEMA or HUD
requirements.
b. Grounds. During the term of the Lease
Contract (the initial term of the Lease
Contract or any extension term), Apartment
may only terminate the tenancy because of:
(1) Serious or repeated violation of the
Lease Contract;
(2) Violation of Federal, State, or local
law that imposes obligations on the
tenant in connection with the
occupancy or use of the unit and the
premises;
(3) Criminal activity or alcohol abuse (as
provided in paragraph c); or
(4) Other good cause (as provided in
paragraph d).
c. Criminal activity or alcohol abuse.
(1) Apartment may terminate the tenancy
during the term of the Lease Contract
if any member of the tenant's
household, a guest or another person
under a tenant's or resident's control
commits any of the following types of
criminal activity:
(a) Any criminal activity that
threatens the health or safety
of, or the right to peaceful
enjoyment of the premises by,
other residents (including
property management staff
residing on the premises);
(b) Any criminal activity that
threatens the health or safety
of, or the right to peaceful
enjoyment of their residences
by, persons residing in the
immediate vicinity of the
premises;
(c) Any violent criminal activity
on or near the premises; or
(d) Any drug -related criminal
activity on or near the
premises.
(2) Apartment may terminate the tenancy
during the term of the Lease Contract
if any member of the household is:
(a) Fleeing to avoid prosecution,
or custody or confinement
after conviction, for a crime, or
attempt to commit a crime, that
is a felony under the laws of
the place from which the
individual flees; or
(b) Violating a condition of
probation or parole under
Federal or State law.
(3) Apartment may terminate the tenancy
for criminal activity by a household
member of tenant's Rental Unit in
accordance with this section if
Apartment determines that the
household member has committed the
criminal activity, regardless of
whether the household member has
been arrested or convicted for such
activity.
(4) Apartment may terminate the tenancy
during the term of the Lease Contract
if any member of the household has
engaged in abuse of alcohol that
threatens the health, safety or right to
d.
e.
f.
peaceful enjoyment of the premises
by other residents.
Other good cause for termination of
tenancy. After the initial Lease Contract
term, such good cause includes:
(a) The tenant's failure to accept
Apartment's offer of a new
Lease Contract or revision;
(b) Apartment's desire to use the
unit for personal or family use
or for a purpose other than use
as a residential rental unit; or
(c) A business or economic reason
for termination of the tenancy
(such as sale of the property,
renovation of the unit,
Apartment's desire to rent the
unit for a higher rent).
Eviction by court action. Apartment may
only evict the tenant by a court action.
Apartment notice of grounds
(1) At or before the beginning of a court
action to evict the tenant, Apartment
must give the tenant a notice that
specifies the grounds for termination
of tenancy. The notice may be
included in or combined with any
Apartment eviction notice.
(2) Apartment must give City a copy of
any Apartment eviction notice at the
same time Apartment notifies the
tenant.
(3) Eviction notice means a notice to
vacate, or a complaint or other initial
pleading used to begin an eviction
action under State or local law.
9. Lease: Relation to Agreement
If the Agreement terminates for any reason, the
Lease Contract terminates automatically.
10. City Termination of Assistance
City may terminate Program assistance for the
tenant for any grounds authorized in accordance
with the Agreement requirements. If City
terminates Program assistance for the tenant
and/or tenant's family, the Lease Contract
terminates automatically.
11. Tenant Move Out
The tenant must notify City and Apartment
before the occupants move out of the Rental
Unit.
12. Security Deposit
Apartment may NOT collect a security deposit
from the tenant.
13. Prohibition of Discrimination
In accordance with applicable equal opportunity
statutes, Executive Orders, and regulations,
Apartment must not discriminate against any
person because of race, color, religion, sex,
national origin, familial status or disability in
connection with the Lease Contract.
14. Conflict with Other Provisions of Lease
Contract
a. The terms of the Tenancy Addendum are
prescribed by City as a condition for
assistance to the tenant and tenant's family
under the Program.
b. In case of any conflict between the
provisions of the Tenancy Addendum as
required by City, and any other provisions of
the Lease Contract or any other agreement
between Apartment and the tenant, the
requirements of this Tenancy Addendum
shall control.
c. In case of any conflict between the
provisions of the Agreement and the
Tenancy Addendum or Lease Contract, the
Agreement shall control.
15. Changes in Lease Contract or Rent
a. The tenant and Apartment may not make
any change in the Tenancy Addendum.
However, if the tenant and Apartment agree
to any other changes in the Lease Contract,
such changes must be in writing, and
Apartment must immediately give City a
copy of such changes. The Lease Contract,
including any changes, must be in
accordance with the requirements of the
Tenancy Addendum.
b. In the following cases, tenant -based
assistance shall not be continued unless City
has approved a new tenancy in accordance
with Program requirements:
(1) If there are any changes in Lease
Contract requirements governing
tenant or Apartment responsibilities
for utilities or appliances; or
(2) If there are any changes in Lease
Contract provisions governing the
term of the Lease Contract.
c. City approval of the tenancy, and execution
of a new Agreement, are not required for
agreed changes in the Lease Contract other
than as specified in paragraph b.
d. Apartment must notify City of any changes
in the amount of the rent to Apartment at
least 35 days before any such changes go
into effect, and the amount of the rent to
Apartment following any such agreed
change may not exceed the reasonable rent
for the unit as most recently determined or
TENANT(S)
APARTMENT
redetermined by City in accordance with
HUD requirements.
16. Notices
Any notice under the Lease Contract by the
tenant to Apartment or by Apartment to the
tenant must be in writing.
99
TEXAS APARTMENT ASSOCIATION Apartment Lease Contract
Lf, u, 1, mi n a
Date of Lease Contract: $e tembeF 28 2005
(when OtLs Lease'Con is filled out)
L PARTIES. This Lease Contract is between you, the resident(s) (list all
PM* signing the lease Cordract)t
and us, the owns:
Autt,emn Chase Apartments
(ranee of apartment conrmmdty or title holden You've agreed to rent
Apartment No. 601 at 3500 S. Riverside
(street addrem)
in Ft. North (city),
Texas, 76119 (zip code) for use as a private
residence only. The terms "you" and "your" refer to all residents fisted
above. The terms 'we; "us; and "our refer to the owner listed above
and not to property managers or anyone else. Written notice to or from
our managers constitutes notice to or from us. If anyone else has
guaranteed performance of this Lease Contract, a separate Lease Contract
Guaranty for each guarantor is attached.
2. OCCUPANT'S. The apartment will be occupied only by you and (list all
other occupants not sigrraig the Lase Comtr r:0
No one else may occupy the apartment. Persons not listed above must
not stay in the apartment for more than 3 consecutive days
without our prior written consent, and no more than twice that many
days in any one month. If the previous space isn't filled in, two days per
month is the limit.
3. LEASE TERM. The initial term of the Lease Contract begins on the
day of (year),
and e� midnight the day of
(yawl This lease Contract will automatically renew morhth-
to-month unless either party gives at least 30 days written
notice of termination or 'intent to move -out as required by paragraph 37.
If the number of days isn't filled in, at least 30 days notice is requires
4- SECURITY DEPOSIT. The total security deposit for all residents is
$ , due on or before the date this Lease Contract is signed.
This amount (chaekone(: ❑ does or ® does not include an animal depo-
sit. Any animal deposit will be stated in an animal addendum. See
paragraphs 41 and 42 for security deposit return information.
S. KEYS AND FURNITURE You will be provided 2 apartment
key(s), 1 mailbox key(s), and 1 other access devices for
. Any redmk —pant, or spouse who,
according to a remaining resident's affidavit, has permanently moved
out or is under court order to not enter the apartment, is (at our option)
no longer entitled to occupancy, keys, or other access devices. Your
apartment will be [check one(; ❑ furnished or ®unfurnished.
6. RENT AND CHARGES. Youwill pay $ per month for
rent, payable: in advance and without demand (chat oral.
® at the on -site manager's office, or
® at OFFICE !TIGHT REST DROP
Prorated rent of $ is due for the remainder of (check one(:
® 1st month or ❑ 2nd month, Nt
(year), Otherwise, you must pay your rent on or before the Ist
day of each month (due date) with no grace period. Cash is unacceptable without
our prior written permission. You must not withhold or offset rent unless
authoriad by statute We may, at our option, require at any time that you
pay all rent and other suns in cash, certified or cashier's check, money
order, or one monthly check rather than multiple checks. if you dont pay
all rent on or before the 3 day of the month and we haven't
given notice to vacate belxime, you'll pay an initial late charge
chaHon o�
AATC
71ris is a binding coatroa head can4ially before signing.
of 3 2 5.0 0 plus a late charge of 3 5.00 per day after that
date until paid in (hill. Daily late charges will not exceed 15 days for any
single month's rent. You ll also pay a charge of $ for each
rehired check or rejected automatic electronic draft, plus natal and daily
We charges from due date until we receive acceptable payment. If you don't
pay rent on time, you'll be delinquent and all remedies under state law and
this Lease Contract will be authorwed. If you violate the animal restrictions
of paragraph 27 or other animal rules, youli pay an initial charge of
i 100.00 per animal (not to exceed $100 per animal) and a daily
charge of $ 10.00 per animal (not to exceed $10 per day per animal)
from the date the animal was brought into your apartment until it is finally
removed. Well also have all other remedies for such violation.
7. UTILITIES. Well pay for the following items, if checked: ® gas D water
® wastewater ❑ electricity M trash ❑ cable TV O master antenna.
You'd pay for all other utilities, related deposits, and any charges, fees, or
services on such utilities during your Lease Contract term You must not
allow any utilities (other than cable TV) to be cot off or switched for any
reason —including disconnection for riot paying your bills --until the Lease
Contract term or renewal period ends. If a utility is submetered or
prorated by an allocation formula, we will attach an addendum to this
Lease Contract in compliance with state agency rum or city ordinance. If a
utility is individually metered, it most be connected in your name and you
must notify the utility provider of your move -out date so the meter can be
timely read. If you delay getting it turned on in your name by lease
commencement or cause it to be transferred back into our name before you
surrender or abandon the unit, you'll be liable for a $ charge
(not to exceed $50), plus the actual m estimated cost of the utilities used
while the utility should have been connected in your name. If you are in
an area open to competition and your unit is individually metered, you
nay choose or change you retail electric provider at any time. If ym
qualify, your provider will be the same as airs, unless you choose a
different provider. If you choose or change your provider, you must give
us written notice. You must pay all applicable provider fees, including any
fees to change service back into our name after you move out.
B INSURANCE Our insurance des not provide coverage for your personal
prorly We urge you to get your own insurance for losses due to theft, fire,
Water damage, and Nc tt7¢ You intend to (rhrk ore]:
❑ not buy insurance to protect against such lasses, or
M buy insurance from your own agent to cover such losses.
If wither is checked, you arkmmledge that you too riot hors insurance average.
9. SECURITY DEVICES. What We Must Provide. Texas law requires, with
some exceptions, that we most provide at no cost to you when ottvpancy
begins: (1) a window latch on each window; (2 a doorviewer (peephole on
each exterior door; (3) a pin lock on each sliding door, (4) either a door
handle latch or a security bar on each slidin� door; (5) a keyless bolting
device (deadbolt on eddy exterior door; and 6) either a ed doorknob
lock or a keyed eadbolt lock on one en oor. Keyed swill be
rekeyed after the prior resident moves out. The rekeyir wiR done
either before you move in or within 7 days after ou move in, as uired
by statute. If we fail to install or rekey security Zeevices as rZZ, 6y the
Iroperty Code, you have the right to do so and deduct the reasonable cost
from your next rent payment underSM3ntf 9Z:TbSM of the Code.
What You Are Now Requesting. Subject to some litnitations, under
Texas law youmay 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
on a sliding glass door if it does not have one; and (3) change or rekey locks
or latches. We most comply with those requests, but you must pay 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:
If no item is filled in, then you are requesting now at this time.
Payment We will pay for missing security devices that are required by
statute. You will for. (I\ kevi that von request (except when we
failed to rek?v alter @ c l,,PK us res rtt moved out1; and (2) repairs ar
replacements due o misuse or damage you or your Iam_y'1y,
occupants, or rests. You must pay immediate y after the work is krone
unless state statute authorizes advance payment. You also must pay for
additional or changed security devices you request, in advance or
afterward, at our option.
tit ./ spti" p4miaw and -wbd ur a1HYttti
10. SPECIAL PROVISIONS. The following or attached special provisions
and any addenda or written rules furnished to you at or before signing
will become a part of this Lease Contract and will supersede any
conflicting provisions of" printed Lease Contract form.
This lease is subiect to all current
and/or previous addendums. All ioavments
must be in Cashiers Check or Money order.
So cash accented.
11. UNLAWFUL EARLY MOVE -OUT, RELb"1'11NG CHARGE You'll
be liable for a resetting charge of $ (not to exceed 85%
of the highest monthly rent during the Lease Contract term) if you:
(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 retelling charge is not a canceffation fee and does not release you from your
obligations under this [ease Contract. See the first paragraph of page 2.
09282005108801
Your Initials: , Initials of Our Representative: Apartment Lease Contract O 2000, Tens ApaAment Association, Inc Page 1 off
Not a. Release. The reletting charge is not a Lease Contract
cancellation fee or buyout fee. It is a liquidated amount covering only
part of our damages; that is, our time, effort, and expense in finding
and processing a replacement. These damages are uncertain and
difficult to ascertain— particularly those relating to inconvenience,
paperwork, advertising, showing apartments, utilities for showing,
checking prospects, office overhead, marketing costs, and locator -
service fees. You agree that the reletting charge is a reasonable
estimate of such damages and that the charge is due whether or not
our reletting attempts succeed. If no amount is stipulated, you must
pay our actual reletting costs so far as they can be determined. The
reletting charge does not release you from continued liability for.
future or past -due rent; charges for cleaning, repairing, repainting, or
unreturned keys; or other sums due. ,
12 DAMAGES AND REIMBURSEMENT. You must promptly pay or
reimburse us for loss, damage, consequential damages, government
fines or charges, or cost of repairs or service in the apartment
community due to: a violation of the Lease Contract or rules;
improper use; negligence; or intentional conduct by you or your
invitees, guests or occupants. You will indemnify and hold us
harmless from all liability arising from the conduct of you, your
invitees, guests, or occupants, or our representatives who perform at
your request services not contemplated in this Lease Contract. Unless
the damage or wastewater stopper a is due to our negli ence, we're
not liable for —and you must pay for —repairs, replecemen costs, and
damage to the followirty if occurrinP,durin the Lease Contract term
or renewal period_ (1) damage to doors, windows, or screens; (2)
damage f`orn windows or doors left open; and (3) dama�Ke from
wastewater stoppages caused by improper objects in lines
exclusively aervfn yoapartment We may require payment at any
time, including advance payment of repairs for which you're liable.
Delay in demanding sums you owe is not a waiver.
13. CONTRACTUAL LIEN AND PROPERTY LEFT IN APARTMENT.
All QQmQerty in the apartment is (unless exempt under Section
54.042 of the Texas Proeerty Code` subied to a contractual lien to
secure payment of delisy t rent For this purpose, "apartment"
excludes common areas bui includes interior living areas and exterior
patios, balconies, attached garages, and storerooms for your exclusive use.
Removal After We Exercise Lien for Rent if your rent is delinquent,
our representative ma peacefully enter the apartment and remove
and/or store all property sub))'ect to lien. Written notice of entry must
be left afterwards in the apartment in a conspicuous place —plus a list
of items removed. The notice must state the amount of delinquent rent
and the name, address, and phone number of the person to contact abort
the amount owed. The notice must also state that the property will be
promptly returned when the delinquent rent is fully paid. All property
in the apartment is presumed to be yours unless proven otherwise.
Removal After Surrender, Abandonment, or Eviction. We or law
officers may remove and/or store all property remaining in the
apartment or in common areas (including any vehicles you or any
occupant or guest owns or uses) if you are judicially evicted or if you
surrender or abandon the apartment (see definitions in paragraph 42).
Storage. We will store property removed under a contractual lien. We
may store, but have no duty to store, property removed after judicial
eviction, surrender, or abandonment of the apartment. We're not
liable for casualty loss, damage, or theft except for property removed
under a contractual lien. You must pay reasonable charges for our
packing, removing, storing, and selling any property. We have a lien
on all property removed and stored after surrender, abandonment, or
judicial eviction for all sums you owe, with one exception: Our lien
on property listed under Property Code Section 54.042 is thruted to
charges for packing, removing and storing.
Redemption. If were seized and stored property under a contractual
lien for rent as authorized by the Property Code, you may redeem the
property by paying all delinquent rent due at the time of seizure. But if
notice of sale (set firth as follows) is given before you seek redemption,
you may redeem only by paying the delinquent rent and reasonable
charges for packing removing and storing. If we've removed and
stored property after surrender, abandonment, or judicial eviction, you
may redeem only by paying all sums you owe, including rent, late
charges, mletting charges, storage, damages, etc. We may return
redeemed property at the place of storage, the management office, or
the apartment (at our option). We may require payment by cash,
money order, or certified check.
Disposition or Sale. Except for animals and property removed after
the death of a sole resident, we may throw away or give to a charitable
organization all items of personal property that are: (1) left in the
apartment after surrender or abandonment; or (2) left outside more
than 1 hour after writ of possession is executed, following judicial
eviction. Animals removed after surrender, abandonment, or eviction
may be kenneled or turned over to local authorities or humanesocieties.
Property not thrown away or given to charity may be disposed of only
by sale, which must be held no sooner than 30 days after written notice
of date, time, and place of sale is sent by both regular mail and certified
mail (return receipt requested) to your last known address. The notice
must itemize the amounts you owe and the name, address, and phone
number of the person to contact about the sale, the amount owed, and
your right to redeem the property. Sale may be public or private, is
subject to any third -party ownership or lien claims, must be to the
highest cash bidder, and may be in bulls, in batches, or item -by -item
Proceeds exceeding sums owed must be mailed to you at your last
known address within 30 days after sale.
14. FAILING TO PAY FIRST MONM'S RENT. If you don't pay the first
month's rent when or before the Lease Contract begins, all future rent
will be automatically accelerated without notice and immediately
due. We also may end your right of occupancy and recover damages,
future rent, reletting charges, attorney's fees, court costs, and other
lawful charges. Our rights, remedies, and duties under paragraphs 11
and 32 apply to acceleration under this paragraph.
15. RENT INCREASES AND LEASE CONTRACT CHANGES. No
rent increases or Lease Contract changes are allowed before the initial
Lease Contract term ends, except for changes allowed by any special
provisions in paragraph 10, by a written addendum or amendment
signed by you and us, or by reasonable changes of apartment rules
allowed under paragraph 18. If, at least 5 days before the advance
notice deadline referred to in paragraph 3, we give you written notice
of rent increases or Lease Contract changes effective when the Lease
Contract term or renewal period ends, this Lease Contract will
automatically continue month -to -month with the increased rent or
Lease Contract changes. The new modified Lease Contract will begin
on the date stated in the notice (without necessity of your signature)
unless you give us written move -out notice under paragraph 37.
16. DELAY OF OCCUPANCY. if occupancy is or will be delayed for
construction, repairs, cleaning, or a previous resident's holding over,
we're not responsible for the delay. The Lease Contract will remain in
force subject to: (1) abatement of rent on a daily basis during delay, and
(2) your right to terminate as set forth below. Termination notice must
be in writing. After termination, you are entitled only to refund of
deposit(s) and any rent paid. Rent abatement or Lease Contract
termination does not apply if delay is for cleaning or repairs that don't
prevent you from occupying the apartment.
If there is a delay and we haven't given notice of delay as set forth
immediately below, you may terminate up to the date when the
apartment is ready for occupancy, but not later.
(1) If we give written notice to any of you when or after the Lease
Contract begins —and the notice states that occupancy has been
delayed because of construction or a previous resident's holding
over, and that the apartment will be ready on a specific date —you
may terminate the Lease Contract within 3 days of your receiving
the notice, but not later.
(2) If we give written notice to any of you before the effective Lease
Contract date and the notice states that construction delay is
expected and that the apartment will be ready for you to occupy
on a specific date, you may terminate the Lease Contract within 7
days after any of you receives written notice, but not later. The
readiness date is considered the new effective Lease Contract
date for all purposes. This new date may not be moved to an
earlier date unless we and you agree.
17. DISCLOSURE RIGHTS. If someone requests information on you or
your rental history for law -enforcement, governmental, or business
purposes, we may provide it. At our request, any utility provider
may furnish us information abort pending or actual connections or
disconnections of utility service to your unit.
While You're Living in the Apartment
I& COMMUNITY POLICIES OR RULES. You and all guests and
occupants must comply with any written apartment rules and
community policies, including instructions for care of our property.
Our miles are considered part of this Lease Contract. We may make
reasonable changes to written miles, effective immediately, if they are
distributed and applicable to all units in the apartment community and
do not change dollar amounts on page 1 of this Lease Contract.
19. LIMITATIONS ON CONDUCT. The apartment and other areas
reserved for your private use must be kept clean. Trash must be
disposed of at least weekly in appropriate receptacles in accordance
with local ordinances. Passageways may be used only for entry or exit.
Any swimming pools, saunas, spas, tanning beds, exercise rooms,
storerooms, laundry rooms, and similar areas must be used with care
in accordance with apartment rules and posted signs. Glass containers
are prohibited in or new pools and all other common areas. You,
your occupants, or guests may not anywhere in the apartment
community: use candles or kerosene lamps or heaters without our
prior written approval; cook on balconies or outside; or solicit
Resident
business or contributions. Conducting any kind of business
(including child care services) in your apartment or in the apartment
community is prohibited —except that any lawful business conducted
"at home" by computer, mail, or telephone is permissible if customers,
clients, patients, or other business associates do not come to your
apartment for business purposes. We may regulate: (1) the use of
patios, balconies, and porches; (2) the conduct of furniture movers
and delivery persons; and (3) recreational activities in common areas.
We may exclude from the apartment community guests or others
who, in our judgment, have been violating the law, violating this
Lease Contract or any apartment rules, or disturbing other residents,
neighbors, visitors, or owner representatives. We may also exclude
from any outside area or common area a person who refuses to show
photo identification or refuses to identify himself or herself as a
resident, occupant, or guest of a'specific resident in the community.
20. PROHIBITED CONDUCT. You and your occupants or guests may
not engage in the following activities: criminal conduct; behaving in
09282005110302
Your Initials: , Initials of Our Representative Apartment lease Contracl 02003, Texas Apartment Association, Inc. Page 2 of 6
a loud or obnoxious manner; disturbing or threatening the rights,
rpm fort, health, safety, or convenience of others (including our agents
and employees) in or near the apartment community; disrupting our
business operations; manufacturing, delivering, possessing a
controlled substance or drug paraphernalia; engaging in or threatening
violence; possessing a weapon prohibited by state law; discharging a
firearm in the apartment community; displaying or possessing a gun,
knife, or other weapon in the common area in a way that may alarm
others; storing anything in closets having gas appliances; tampering
with utilities or telecommunications; bringing hazardous material~ into
the apartment community, using windows for entry or exit; heating the
apartment with a gas-operalcd cooking stove or oven; or injuring our
reputation by making bad faith allegations against us to others.
21. PARKING. We may regulate the time, manner, and place of parking
all cars, trucks, motorcycles, bicycles, boats, trailers, and recreational
vehicles. Motorcycles or motorized bikes may not be parked inside an
apartment unit or on sidewalks, under stairwells, or in handicapped
parking areas. We may have unauthorized or illegally parked vehicles
towed under an appropriate statute. A vehicle is unauthorized or
illegally parked in the apartment community if it:
(1) has a flat lire or other condition rendering it inoperable; or
(2) is on jacks, blocks or has whect(s) missing; or
(3) takes up more than one parking space; or
(4) belongs to a resident or acnupart who has surrendered or
abandoned the apartment; or
(5) is parked in a marked handicap space without the legally
required handicap insignia; or
(6) is parked it a space marked for office visitors, managers, or staff, or
(7) blocks another vehicle from exiting; or
(8) is parked in a fire lane or designated "no parking" area; or
(9) is parked in a space marked for other resident(s) or unit(s); or
(10) is parked on the grass, sidewalk, or patio; or
(11) blocks garbage trucks from access to a durnpster; or
(12) has no current license, registration or inspection sticker, and we
give you at least 10 days notice that the vehicle will be towed at
the owner or operator's expense if not removed.
22 RELEASE OF RESIDENT. Unless you're entitled to terminate this
Lease Contract under paragraphs 10, 16, 23, 31, or 37, you won't be
released from this Lease Contract for any reason —including but not
limited to voluntary or involuntary school withdrawal or transfer,
voluntary or involuntary job transfer, marriage, separation, divorce,
reconciliation, loss of co -residents, loss of employment, bad health, or
death.
23. MILITARY PERSONNEL CLAUSE. You may terminate the Lease
Contract if you enlist or are drafted or commissioned in the U.S.
Armed Forces. You also may terminate the Lease Contract if.
(1) you are (I) a member of the U.S. Armed Forces or reserves on
active duty or (6) a member of the National Guard called to
active duty for more than 30 days in response to a national
emergency declared by the President; and
(2) you (i) receive orders for permanent change -of -station, (ii)
receive orders to deploy with a military unit or as an individual
in support of a military operation for 90 days or more, or (iii) are
relieved or released from active duty.
After you deliver to us your written termination notice, the Lease
Contract will be terminated under this military clause 30 days after the
date on which your next rental payment is due. You must furnish us a
copy of your military orders, such as permanent change -of -station
orders, call-up orders, or deployment orders or letter. Military
permission for base housing doesn't constitute a permanent change -of -
station order. After your move out, well return your security deposit,
less lawful deductions. For the purposes of this Lease Contract, orders
described in (2) above will only release the resident who qualifies under
(1) and (2) above and receives the orders during the Lease Contract term
and such,resident's spouse or legal dependents living in the resident's
household. A co -resident who is not your spouse or dependent cannot
terminate under this military clause. Unless you state otherwise in
paragraph 10, you represent when signing this Lease Contract that: (1)
you do not already have deployment or change -of -station orders; (2) you
will not be retiring from the military during the Lease Contract term; and
(3) the term of your enlistment or obligation will not end before the Lease
Contract term ends. Liquidated damages for making a false
representation of the above will be the amount of unpaid rent for the
remainder of the lease term when and if you trove out, less rents from
others received in mitigation under paragraph 32. You must
immediately notify us if you are called to active duty or receive
deployment or permanent change -of -station orders.
24. RESIDENT SAFETY AND PROPERTY LOSS. You and all occupants
and guests must exercise due care for your own and others' safety
and security, especially in the use of smoke detectors, keyed deadbolt
locks, keyless bolting devices, window latches, and other safety or
security devices. You agree to make every effort to follow the
Security Guidelines on page 5. Window screens are not for security or
keeping people front falling ou t.
Smoke Detectors. We'll furnish smoke detectors as required by stabile
or city ordinance, and we'll test them and provide working batteries
when you first take possession. After that, you must pay for and replace
batteries as needed, unless lite law provides otherwise. We may replace
dead or missing batteries at your expense, without prior notice to you.
You must iuunedlately report smoke detector malfunctions to us.
Neither you nor others may disable smoke detectors. If you damage or
disable tiny sinks detector or remove a laitteru without replacing it with a
working battens you rnau Ie liable to its under Sertwn 922611 of the Froperty
Carle.. v 100 n us one month's rent, acjual damages- and altorney s fees. If
you disable or damage the smoke detector, or fad to replace a dead
battery- or report malfunctions to us, you also will be liable to us and
others for any loss, damage, or lines from fire, smoke, or water.
Casualty Loss. We're not liable to any resident, guest, or occupant for
personal injury or damage or loss of personal property from fire,
smoke, rain, flood, water leaks, hail, ice, snow, lightning, wind,
explosions, interruption of utilities, theft, or vandalism unless
otherwise required bylaw. We have no duty to remove any ice, sleet,
or snow but may remove any amount with or without notice. Unless
we instruct otherwise, you must --for 24 hours a day during freezing
weather--(1) keep the apartment healed to at least 50 degrees; (2) keep
cabinet and closet doors open; and (3) drip hot and cold water faucets.
Youll be liable for damage to our and others' property if damage is
caused by broken water pipes due to your violating these requirements.
Crime or Emergency. Dial 911 or immediately call local medical
emergency, fire, or police personnel in case of accident, fire, smoke,
suspected criminal activity, or other emergency involving inuninent
harm. You should then contact our representative. You won't treat any
of our security measures as an express or implied warranty of security,
or as a guarantee against crime or of reduced risk of crime. Unless
otherwise provided by law, we're not liable to you or any guests or
occupants for injury, damage, or loss to person or property caused by
criminal conduct of other persons, including theft, burglary, assault,
vandalism, or other crimes. We're not obliged to furnish security
personnel, security lighting, security gates or fences, or other forms of
security unless required by statute. We're not responsible for obtaining
criminal -history checks on any residents, occupants, guests, or
contractors in the apartment community. If you or any occupant or
guest is affected by a crime, you must make a written report to our
representative and to the appropriate local taw -enforcement agency.
You also must furnish its with the law -enforcement agency's incident
report number upon request.
25. CONDITION OF THE PREMISES AND ALTERATIONS. You
accept the apartment, fixtures, and furniture as is, except for conditions
materially affecting the health or safety of ordinary persons. We
disclaim all implied warranties. You'll be given an Inventory and
Condition form on or before move -in- Within 48 hours after
move-in,you must sign and note on lie form all defects or damage
and return it to our representative. Otherwise, everything will be
considered to be in a clean, safe, and good working condition.
You must use cuslounary diligence in maintaining the apartment and
not damaging or littering the common areas. Unless authorized by
statute or by its in writing, you must not do any repairs, painting,
wallpapering, carpeting, electrical changes, or otherwise alter our
property. No boles or stickers are allowed inside or outside the
apartment But we'll permit a reasonable number of small nail holes
for hanging pictures on sheelrock walls and in grooves of wood -
paneled walls, unless our rules state otherwise. No water furniture,
washing machines, additional phone or 'IV -cable outlets, alarm
systems, or lock changes, additions, or rekeying is permitted unless
statutorily allowed or we've consented in writing. You may install a
satellite dish or antenna provided you sign our satellite dish or antenna
lease addendum which complies with reasonable restrictions allowed
by federal law. You agree not to alter, damage, or remove our
property, including alarm systems, smoke detectors, furniture,
telephone and cable TV wiring screens, locks, and security devices.
When you move in, we'll supply light bulbs for fixtures we furnish,
including exterior fixtures operated from inside the apartment; after
that, youll replace them at your expense with bulbs of the same type
and wattage. Your improvements to the apartment (whether or not we
consent) become ours unless we agree otherwise in writing-
26. REQUESTS, REPAIRS, AND MALFUNCTIONS. iF JOU OR
ANY OCCUPANT" NEEDS TO SEND A NOTICE OR REQUEST —FOR
EXAMPLE, FOR REPAIRS, INSTALLATIONS, SERVICES, OR
SECURITY -RELATED MA TERS-rl' MUST Ab SIGNED ANll LN
WRITING TO OUR FESIGNAT ED REPRESENTATIVE (except in case
of fire, smoke, gas, explosion, overflowing sewage, uncontrollable
running water, electrical shorts, or crinu in progress). Our written
notes on your oral request do not constitute a written request (Toni you.
Our complying with or responding to any oralrequest regarding
securityor non -security matters doesn't waive the strict requirement
for written notices under this Lease Contract. You must promptly
notify us in writing of., water leaks; mold; electrical problems;
malfimctioning lights, broken or missing locks or latches; and other
conditions that pose a hazard to property, health, or safety. We may
change or install utility lines or equipment serving the apartment if
the work is done reasonably without substantially increasing your
utility costs. We may turn off equipment and interrupt utilities as
needed to avoid property damage or to perform work. If utilities
malfunction or are damaged by fire, water, or similar cause, you must
notify our representative immediately. Air conditioning problems are
normally not emergencies. If air conditioning or other equipment
malfunctions, you must notify our representative as soon as possible
on a business day. We'll act with customary diligence to make repairs
and reconnections, taking into consideration when casualty insurance
proceeds are received. Rent will not abate in whole or in part.
If we believe that fire or catastrophic damage is substantial, or that
performance of needed repairs poses a danger to you, we may terminate
this Lease Contract within a reasonable fine by giving you written
notice. If the Lease Contract is so terminated, well refund prorated rent
and all deposits, less lawful deductions.
27. ANIMALS. No aninuLc (including nwmmafs, reptiles, birds, fish, rodents,
and insects) are allowed, even temporarily, anywliere in the upurinrent or
apartment community unless ete'ue so autlwriwd in writing. If we allow
an animal, you must sign a separate animal addendum and pay an
animal deposit. An animal deposit is considered a general security
deposit. We will authorize a support animal for a disabled
(handicapped) person. We may require a written statement from a
qualified professional verifying the need for the support animal and
we may charge an animal deposit for a support animal. You must not
feed stray or wild animals.
If you or any guest or occupant violates animal restrictions (with or
without your knowledge), you'll be subject to charges, damages,
eviction, and other remedies provided in this Lease Contract. if an
aroma] has beers in the apartment at any time during your term of
occupancy (with or without our consent), well charge you for delieaing,
deodorizing and shampooing. initial and daily animal -violation
09282005110303
Resident
Yourinuial.s:_ _, Initials of0-Repre-tuative, __....._ ApartmentlaaseCmtract 02005,1` a Apartment Assoda6on, Inc Use with pap 1/2 and 5l6 dated 2003 REVISEDt'age3of6
charges and animal -removal charges are liquidated damages for our
tame, 'inconvenience, and overhead (except for attorney's fees and
litigation costs) in enforcing animal restrictions and rules. We may remove
an unauthorized animal by (1) leaving, in a conspicuous place 'vi the
apartment, a 24-hour written notice of anent to remove the animal, and (2)
fallowing the procedures of paragraph 28. We may keep m kennel the
animal or turn it over to a humane society or local authority. When keeping
of kenneling an animal, we won't be liable for loss, harm, sickness, or death
of the animal unless due to our negligence. Well retain the animal to you
upon request it it has not already been turned over to a humane society or
local authority. You must pay for the munal's reasonable care and
kenneling charges. We have no lien on the animal for any purpose.
28. WHEN WE MAY ENTER. If you or any guest or occupant is present,
then repairers, servicers, contractors, our representatives, or other
persons listed in (2) below may peacefully enter the apartment at
reasonable times for the purposes listed in (2) below. If nobody is in
the apartment, then such persons may enter peacefully and at
reasonable times by duplicate or master key (or by breaking a
window or other means when necessary) if.
(1) written notice of the entry is left in a conspicuous place in the
apartment immediately after the entry; and
(2) entry is for: responding to your request; making repairs or
replacements; estimating repair or refurbishing costs; performing
pest control; doing preventive maintenance; checking for water
leaks; changing filters,, testing or replacing smoke -detector
batteries; retrieving unretumed tools, equipment, or appliances;
preventing waste of utilities; exercising our contractual lien;
leaving notices; delivering, installing, reconnecting, or replacing
appliances, furniture, equiputent, or security devices; removing or
rekeying unauthorized security devices; removing unauthorized
window coverings; stopping excessive noise, removing health or
safety hazards (including hazardous materials), or items
prohibited under our rules; removing perishable foodstuffs if
your electricity is disconnected; removing unauthorized animals;
cutting off electricity according to statute; retrieving property
owned or leased by former residents; inspecting when immediate
danger to person or property is reasonably suspected; allowing
persons to enter as you authorized in your rental application (if
you die, are incarcerated, etc.); allowing entry by a law officer
with a search or arrest warrant, or in hot pursuit; showing
apartment to prospective residents (after move -out or vacate
notice has been given); or showing apartment to government
representatives for the limited purpose of determining housing
and fire ordinance compliance, and to lenders, appraisers,
contractors, prospective buyers, or insurance agents.
29. MULTIPLE RESIDENTS OR OCCUPANTS. Each resident is jointly
and severally liable for all Lease Contract obligations. If you or any
guest or occupant violates the Lease Contract or rules, all residents are
considered to have violated the Lease Contract. ttur requests and
notices (including sale notices) to any resident constitute notice to all
residents and occupants. Notices and requests from any resident or
occupant (including notices of Lease Contract termination, repair
requests, and entry permissions) constitute notice from all residents. hi
eviction suits, each resident is considered the agent of all other residents
in the apartment for service of process. Any resident who defaults
under this Lease Contract will indemnify the non -defaulting residents
and their guarantors. Security deposit refunds may be by one check
jointly payable to all residents; the check and any deduction itemizations
may be mailed to one resident only.
Replacements
30. REPLACEMENTS AND SU➢LETTING. Replacing a resident,
subletting, or assignment is allowed only wlrerr we consent in writing.
If departing or remaining residents find a replacement resident
acceptable to us before moving out and we expressly consent to the
replacement, subletting, or assignment, then:
(1) a reletting charge will not be due;
(2) a reasonable adrumistrative (paperwork) fee will be- due, and a
rekeying fee will be due if rekeying is requested or required; and
(3) the departing and remaining residents will remain liable for all
Lease Contract obligations for the rest of the original Lease
Contract term.
I'mite lures for Replacement. If we approve a replacement resident,
then, at our option: (1) the replacement resident must sign this Lease
Contract with or without an increase in the total security deposit; or
(2) the remaining and replacement residents must sign an entirely new
Lease Contract. Unless we agree otherwise in writing, your security
deposit will automatically transfer to the replacement resident as of
the date we approve. The departing resident will no longer have a
right to occupancy or a security deposit refund, but will remain liable
for the remainder of the original Lease Contract term unless we agree
otherwise in writing —even if a new Lease Contract is signed.
Default by Either Party
31. DEFAULT BY OWNER. We'll act with customary diligence to:
(1) keep common areas reasonably clean, subject to paragraph 25;
(2) maintain fixtures, furniture, hot water, heating, and A/C
equipment;
(3) substantially comply with applicable federal, state, and local
laws regarding safety, sanitation, and fair housing; and
(4) make all reasonable repairs, subject to your obligation to pay for
damages for which you are liable.
If we violate any of the above, you may possibly terminate this Lease
Contract and exercise other remedies under Property Code Section
92.0%by following this procedure:
(a) all rent must be current and you must make a written request
for repair or remedy of the condition —after which well have a
reasonable time for repair or remedy;
(b) if vtc fail to do so, you must make a second written request fur
One repair or remedy (to make sure that there has been no
miscommunication between us) --after which we'll have a
reasonable time for the repair or remedy; and
(c) if the repair or remedy still hasn't been accomplished within that
reasonable time period, you may immediately terminate this
Lease Contract by giving us a final written notice. You also may
exercise other statutory remedies.
Instead of giving the two written requests referred to above, you may
give its one request by certified mail, return receipt requested, or by
registered mail —after which we will have a reasonable time for repair
or remedy. "Reasonable time" lakes into account the nature of the
problem and the reasonable availability of materials, labor, and utilities.
Your rent must be current at the time of any request. We will refund
security deposits and prorated rent as required by law.
32 DEFAULT BY RESIDENT. You'll be. in default if. (1) you don't pay
rent or other amounts that you owe; (2) you or any guest or occupant
violates this Lease Contract, apartment rules, or fire, safety, health, or
criminal laws, regardless of whether arrest or conviction occurs; (3)
you abandon the apartment; (4) you give incorrect or false answers in a
rental application, (5) you or any occupant is arrested, charged, detained,
convicted, or given deferred adjudication for a felony offense involving
actual or potential physical harm to a person, or involving possession,
manufacture, or delivery of a controlled substance, marihuana, or drug
paraphernalia as defined in the Texas Controlled Substances Act; (6) any
illegal drugs or paraphernalia are found in your apartme.rih or (7) you or
any occupant, in bad faith, makes an invalid habitability complaint to an
official or employee of a utility company or One government.
Eviction. If you default, we nray end your right of occupancy by giving you
a 24-hour written notice to mcale. Notice may beby: (1) regular mail;
(2) certified email, return receipt requested; (3) personal delivery to arty
resident; (4) personal delivery at the apartment to any occupant over
16 years old; or (5) affixing the notice to the inside of the apartment's
main entry door. Termination of your possession rights or subsequent
reletti ng doesn't release you from liability for future rent or other
Lease Contract obligations. After giving notice to vacate or filing an
eviction suit, we may still. accept rent or other sums due; the filing
or acceptance doesn't waive or diminish our right of eviction, or any
other contractual or statutory right. Accepting money at any time
doesn't waive our right to damages; past or future rent or other sums; or
to continue with eviction proceedings.
Acceleration. All monthly rent for the rest of the Lease Contract term
or renewal period will be accelerated automatically without notice or
demand (before or after acceleration) and will be immediately due and
delinquent if, without our written consent: (1) you move out, remove
property in preparing to move out, or give oral or written notice (by you
or any occupant) of intent to move out before the Lease Contract term or
renewal period ends, and (2) you've not paid all rent for the entire Lease
Contract term or renewal period. Such conduct is considered a default
for which we need not give you notice. Remaining rent also will be
accelerated if you're judicially evicted or move out when we demand
because you've defaulted. Acceleration is subject to our mitigation
obligations below.
Holdover. You or any occupant, invitee, or guest must not hold over
beyond the date contained in your move -out notice or our notice to
vacate (or beyond a different move -out date agreed to by the parties in
writing). if a holdover occurs, then: (1) holdover rent is due in advance
on a daily basis and may become delinquent without notice or demand,
(2) rent for the holdover period will be increased by 25% over the then -
existing rent, without notice; (3) you'll be liable to us (subject to our
mitigation duties) for all rent for the full term of the previously signed
Lease Contract of a new resident who can't occupy because of the
holdover; and (4) at our option, we may extend the Lease Contract
term —for up to one month from the date of notice of Lease Contract
extension --by delivering written notice to you or your apartment while
you continue to hold over.
Other Remedies. If your rent is delinquent and we give you 5 days
prior written notice, we may terminate electricity that we've furnished at
our expense, unless governmental regulations on submetering or utility
proration provide otherwise. We may report unpaid amounts to credit
agencies. If you default and move out early, you will pay us any
amounts stated to be rental discounts agreed to in writing, in addition to
other sums due. Upon your default, we have all other legal remedies,
including Lease Contract termination and statutory lockout under
Section 92.0081 of the Property Cafe. Unless a party is seeking
exemplary, punitive, sentimental, or personalinjurydamages, the
prevailing party may recover from the non -prevailing party attorney's
',fees and all other litigation costs. Late charges are liquidated damages for
our time, inconvenience, and overhead in collecting late rent (but are not
for attorney's fees and litigation costs). All unpaid amounts bear 18%
interest per year from due date, compounded annually. You must pay
all collection -agency fees if you fail to pay all sums due within 10 days
after we mail you a letter demanding payment and stating that collection
agency fees will be added if you don't pay all sums by that deadline.
Mitigation of Damages. If you move out early, you'll be subject to
paragraph 11 and all other remedies. We'll exercise customary
diligence to relet and minimize damages. Well credit all subsequent
rent that we actually receive from subsequent residents against your
liability for past -due and future rent and other sums due.
09282005110304
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Your Initials_, Iniiils of Our Repre—tatfve_ Apartment Lease Coneact 02005,Te,asApartment Associ,6m,lnc. Use with pages lfL and 516 dated W03 REVISEDYage4or6
General Clauses
33. MISCELLANEOUS. Neither we nor any of our representatives have made
any oral promises, representations, or agreements. This Lease Contract is the
entire agreement between you and us. Our representatives (including
management personnel, employers, and agerds) have no authority to waive,
amend, or terminate this Lease Contract or any part of it, unless to writing,
and no authority to make promises, representations, or agreements that
impose security duties or other obligations on us or our representatives
unless in writing. No action or omission of our representative will be
considered a waiver of any subsequent violation, default, or time or
place of performance. Our not enforcing or belatedly enforcing
written- n otice requirements, rental due dates, acceleration, liens, or
other rights isn't a waiver under any circumstances. Except when
notice or demand is required by statute, you waive any notice and
demand for perforrnancefrom us if you default. Written notice to or
from our managers constitutes notice to or from us. Any person giving
a notice under this Lease Contract should retain a copy of the memo,
letter, or fax that. was given. Fax signatures are binding. All notices
must be signed. Notices may not be given by email.
Exercising one remedy won't constitute an election or waiver of other
remedies. Insurance subrogation is waived by all parties. All remedies
are cumulative. No employee, agent, or management company is
personally liable for any of our contractual, statutory, or other
obligations merely by virtue of acting on our behalf. This Lease
Contract binds subsequent owners. Neither an invalid clause nor the
omission of initials on any page invalidates this Lease Contract. All
notices and documents may be in English and, at our option, in any
language that you read or speak. All provisions regarding our
non -liability and non -duty apply to our employees, agents, and
management companies. This Lease Contract is subordinate or
superior to existing and future recorded mortgages, at lenders
option. All Lease Contract obligations must be performed in the
county where the apartment is located.
We ma deactivate or not install keyless bolting devices on rntr
-__ .. e� y
doors 1 1 you or an occupw in the dweller is over 55 or disabled,
and (2) the requirements of Section 92.153(c) oriff_of the Property Code
err satisfiwi.
Cable channels that are provided may be changed during the Lease
Contract term if the change applies to all residents. Utilities may be used
only for normal household purposes and must not be wasted. If your
electricity is ever interrupted,you must use only battery -operated lighting.
34. PAYMENTS. Payment of all sums is an independent covenant. Al
our option and without notice, we may apply money received (other
than sale proceeds under paragraph 13 or utility payments subject to
governmental regulations) first to any of your unpaid obligations,
then to current rent --regardless of notations on checks or money
orders and regardless of when the obligations arose. All sums other
than rent are due upon our demand. After the due date, we do not
have to accept the rent or any other payments.
35. TAA MEMBERSHIP. We represent that, at the time of signing this
Lease Contract or a Lease Contract Renewal Form: (1) we; (2) the
management company that represents us; or (3) any locator service that
procured you is a member in good standing of both the Texas Apartment
Association and the affiliated local apartment association for the area
where the apartment is located. The member is either an owner/
management company member or an associate member doing business
as a locator service (whose name and address is disclosed on page 6). If
not, the following applies: (1) this Lease Contract is voidable at your
option and is unenforceable by us (except for property damages); (2) we
may not recover past or future rent or other charges; and (3) we will be in
violation of the Texas Penal Code and the Texas Deceptive Trade
Practices Act. The above remedies also apply if both of the following
occur: (1) the Lease Contract is automatically renewed on a month -to -
month basis two or more times after membership in TAA and the local
association has lapsed, and (2) neither the owner nor the management
company is a member of TAA and the local association at the time of the
third automatic renewal. A signed affidavit from the local affiliated
apartment association which attests to non -membership when the Lease
Contract or renewal was signed will be conclusive evidence of
non -membership. The Lease Contract is voidable at your option if the
Lease Contract or any lease addendum (that is a copyrighted TAA form)
fails to show at the bottom of each page the names of all original
residents listed in paragraph 1, or contains the same form identification
code as any other resident's Lease Contract or lease addendum; or if your
TAA Rental Application contains the same form identification code as
any other resident's Rental Application. Governmental entities may use
'IAA forms if TAA agrees in writing.
Security Guidelines for Residents
36. SECURITY GUIDELINES. In cooperation with the Texas Apartment
Association, we'd like to give you some important safety guidelines.
The Texas Police Association and the Sheriffs' Association of Texas
have approved these suggestions. We recommend that you follow
these guidelines and use common sense in practicing safe conduct.
Inform all other occupants in your dwelling, including any children
you may have, about these guidelines.
PERSONAL SECURITY -WHILE INSIDE YOUR APARTMENT
1. Lock your doors and windows -even while you're inside.
2. Engage the keyless deadbolls on all doors while you're inside.
3. When answering the door, see who is there by looking through
a window or peephole. If you don't know the person, first talk
with him or her without opening the door. Don't open the door
if you haze any doubts.
4. if children (who are old enough to take care of themselves) are
left alone in your apartment, tell them to use the keyless deadbolt
and refuse to let anyone inside while you are gone --regardless
of whether the person is a stranger or an apartment
maintenance or management employee.
5. Don't put your name, address, or phone number on your key
ring.
6. If you're concerned because you've lost your key or because
someone you distrust has a key, ask the management to rekey
the locks. You have a statutory right to have that done, as long
as you pay for the rekeying.
7. Dial 911 for emergencies. If the 911 number does not operate in
your area, keep phone nurnbcrs handy for the police, fire, and
emergency medical services. if an emergency arises, call the
appropriate governmental authorities first, then call the
management.
& Check your smoke detector monthly to make sure it is working
properly and the batteries are still okay.
9. Check your door locks, window latches, and other security
devices regularly to be sure they are working properly.
10. If your doors or windows are insecure due to break-ins or
malfunctioning locks or latches, stay with friends or neighbors
until the problem is fixed.
11. Immediately report to management --in writing, dated and
signed --any needed repairs of locks, latches, doors, windows,
smoke detectors, and alarm systems.
12 Immediately report to management --in writing, dated and
signed -any malfunction of other safety devices outside your
apartment, such as broken gate locks, burned -out lights, in
stairwells and parking lots, blocked passages, broken railings, etc.
13. Close curtains, blinds, and window shades at night.
14, Mark or engrave your drivels bruise number or other
identification on valuable personal property.
PERSONAL SECURITY -WHILE OUTSIDE YOUR APARTMENT
15. Lock your doors while you're gone Lock any door handle lock,
keyed deadbolt lock, sliding door pin lock, sliding door handle
latch, and sliding door security bar that you have.
16. Leave a radio or TV playing softly while you're gone.
17. Close and latch your windows while you're gone, particularly
when you're on vacation.
I& Tell your roommate or spouse where you're going and when
youll be. back.
19. Don't walk alone at night. Don't allow your family to do so.
20. Don't hide a key under the doormat or a nearby flowerpot.
These are the first places a burglar will look.
21. Don't give entry keys, codes or electronic gate cards to anyone.
22. Use lamp timers when you go out in the evening or go away on
vacation. They can be purchased at most hardware stores.
23. Let the manager and your friends know if youll be gone for an
extended time. Ask your neighbors to watch your apartment
since the management cannot assume that responsibility.
21. While on vacation, temporarily stop your newspaper and mail
delivery, or have your mail and newspaper picked up daily by a
friend.
25• Carry your door key in your hand, whether it is daylight or
dark, when walking to your entry door. You are more
vulnerable when looking for your keys at the door.
PERSONAL SECURITY-WlHLE USING YOUR CAR
26. Lock your car doors while driving. Lock your car doors and
roll up the windows when leaving your car parked.
27. Don't leave exposed items in your car, such as cassette tapes,
wrapped packages, briefcases, or purses.
28. Don't leave your keys in the car.
29. Carry your key ring in your hand whenever you are walking to
your car -whether it is daylight or dark and whether you are at
home, school, work, or on vacation.
30. Always park in a well -lighted area. If possible, try to park your
car in an off-street parking area rather than on the street.
31. Check the backseat before getting into your car.
32. Be careful when stopping at gas stations or automatic -teller
machines at night -or anytime when you suspect danger.
PERSONAL SECURITY AWARENESS
No securitysystem is failsafe. Even the best system can't prevent crime.
Atuiays act as if security systems don't exist since they are subject to
malfunction, tamperin& and human error. We disclaim any express or
implied warrvmtim of security. The hest safety measures are the ones
you perform as a matter of common sense and habit.
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Reeident
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When Moving Out
37. MOVE-0UT NOTICE. Before moving out, you must Rve our
r resent,a ve advance written notice a rovided below.
Your move -out notice will not release you from liability for the full
term of the Lease Contract or renewal term. You will still be liable for
the entire Lease Contract term if you move out early (paragraph 22)
except under the military clause (paragraph 23).YOUR MOVE-01TF
NOTICE MUST COMPLY WITI I EACH OF THE FOLLOWING:
• We must receive advance written notice of our move -out pate.
The number of days of the advance notice must be at least the
number of days of notice required in paragraph 3 or in special
provisions --even if the Lease Contract has become a month -to -
month lease, if a move -out notice is received on the first, it will
suffice for move -out on the last day of the month of intended
move -out, provided that all other requirements below are met.
• The move -out date in your notice [check one]: U must be the last
day of the month; or Z may be the exact day designated in your
notice. If neither is checked, the second applies.
. Your move -out notice most be in writing. Oral move out notice
will not be accepted and will not terminate your Lease Contract.
• Your move -out notice must not terminate the Lease Contract
sooner than the end of the Lease Contract term or renewal period.
YOUR NOTICE 1S NOT ACCEPTABLE 1F 1T DOES NOT COMPLY
WITH ALL OF THE ABOVE. Please use our written move -out form.
You most obtain from our representative written acknowledgment
that we received your move -out notice. If we terminate the Lease
Contract, we must give you the same advance notice -unless you
are in default.
3& MOVE -OUT PROCEDURES. TTie move -out date can't be changed
unless we and you both agree in writing. You won't move out before
the Lease Contract term or renewal period ends unless all rent for the
entire Lease Contract term or renewal period is paid in full. Farly
move out may result in reletting charges and acceleration of future
rent under paragraphs 11 and 31 You're prohibited by law from
applying any security deposit to rent. You won't stay beyond the date
you are supposed to move out. All residents, guests, and occupants
must surrender or abandon the apartment before the 30-day period
for deposit refund begins. You most give us and the U.S. Postal
Service, in writing, each resident's forwarding address.
39. CLEANING. You must thoroughly clean the apartment, including
doors, windows, furniture, bathrooms, kitchen appliances, patios,
balconies, garages, carports, and storage rooms. You must follow
move -out cleaning instructions if they have been provided. If you
don't clean adequately, you'll be liable for reasonable cleaning
charges -including charges for cleaning carpets, draperies, furniture,
walls, etc that are soiled beyond norrnal wear (that is, wear or soiling
that occurs without negligence, carelessness, accident, or abuse).
40. MOVE-OUTINSPECIION. You should meet with our representative
for a move -out inspection. Our representative has no authority to Mind
or limit us regarding deductions for repairs, damages, or charges. Any
statements or estimates by us or our representative are subject to our
correction, modification, or disapproval before final refunding or
accounting.
41. SECURITY DEPOSIT DEDUCTIONS AND OTHER CHARGES.
You71 be liable for the following charges, if applicable: unpaid rent;
unpaid utilities; unrcimbursed service charges; repairs or damages
caused by negligence, carelessness, accident, or abuse, including stickers,
scratches, tears, burns, stains, or unapproved holes; replacement cost of
our property that was in or attached to the apartment and is missing;
replacing dead or missing smoke -detector batteries at any time; utilities
for repairs or cleaning: trips to let in company representatives to
remove your telephone or TV cable services or rental items (if you so
request or have moved out); trips to open the apartment when you or
any guest or occupant is missing a key; unretumed keys; mussing or
burned -out light bulbs; removing or rekeying unauthorized security
devices or alarm systems; agreed reletting charges; packing, removing,
or storing property removed or stored under paragraph 13; removing
illegally parked vehicles; special trips for trash removal caused by
parked vehicles blocking dumpsters; false security -alarm charges
unless due to our negligence; animal -related charges under paragraphs
6 and 27, government fees or fines against us for violation (by you,
your occupants, or guests) of local ordinances relating to smoke
detectors, false alarms, recycling, or other matters; late -payment and
returned -check charges; a charge (not to exceed $1W) for our time and
inconvenience in our lawful removal of an animal or in any valid
eviction proceeding against you, plus attorney's fees, court costs, and
filing fees actually paid; and other sums due under this Lease Contract.
You'll be liable to us for: (1) charges for replacing all keys and access
devices referenced in paragraph 5 if you fail to return them on or before
your actual move -out date; (2) accelerated rent if you have violated
paragraph 32; and (3) a reletting fee if you have violated paragraph 11.
42 DEPOSIT RETURN, SURRENDER, AND ABANDONMENT'. Well
mail you your security deposit refund (less lawful deductions) and an
itemized accounting of any deductions no later than 30 days after
surrender or abandonment, unless statutes provide otherwise.
You have surrendered the apartment when: (1) the move -out date has
passed and no one is living in the apartment in our reasonable judgment;
or (2) all apartment keys and access devices listed in paragraph 5 have
been Fumed in where rent is paid -whichever date occurs first.
You have abandoned the apartment when all of the following have
occurred: (1) everybody appears to have moved out in our reasonable
judgment; (2) clothes, furniture, and personal belongings have been
substantially removed in our reasonable judgment; (3) you've been in
default for non-payment of rent for 5 consecutive days, or water, gas,
or electric service for the apartment not connected in our name has
been terminated; and (4) you've not responded for 2 days to our notice
left on the inside of the main entry door, stating that we consider the
apartment abandoned. An apartment is also "abandoned" 10 days
after the death of a sole resident.
Surrender, abandonment, or judicial eviction ends your right of
possession for all purposes and gives us the immediate right to: clean
up, make repairs in, and Tdel the apartment; determine any scavity
deposit deductions; and remove property left in the apartment.
Surrender, abandonment, and judicial eviction affect your rights to
property left in the apartment (paragraph 13), but do not affect our
mitigation obligations (paragraph 32).
Signatures, Originals and Attachments
43. ORIGINALS AND AT I'ACHMENTS. This Lease Contract has been
executed in multiple originals, each with original signatures --one for
you and one or more for us. Our rules and community policies, if any,
will be attached to the Lease Contract and given to you at signing.
When an Inventory and Condition form is completed, both you and we
should retain a copy. The items checked below are attached to this
Lease Contract and are binding even if not initialed or signed.
U Access Gate Addendum, dated
❑ Additional Special Provisions
❑ Animal Addendum
❑ Apt. Rules or Community Policies, dated
❑ Asbestos Addendum (if asbestos is present)
❑ Early Termination Addendum, dated
U Enclosed Garage, Carport or Storage Unit Addendum
dated _
U Inventory & Condition Form
❑ Intrusion Alarm Addendum, dated
0 Lead Hazard Information and Disclosure Addendum
❑ Lease Contract Guaranty (__ -.. guaranties, if more than one)
❑ Legal Description of Unit (if rental tern longer than one year)
❑ Military SCRA Addendum
N Mold Information and Prevention Addendum
❑ Move -Out Cleaning Instructions, dated
❑ Notice of Intent to Move Out Form
U Parking Permit or Sticker (quantity:
U Repair or Service Request Form -
❑ Satellite Dish or Antenna Addendum
❑ T'CEQ'I'enant Guide to Water Allocation
U Utility Allocation Addendum for. U electricity U water U gas
❑ central system costs ❑ trash removal
U Utility Submetering Addendum for: ❑ electricity ❑ water (.1 gas
ZI Other Affordable Housing
Name and address of locator service (if applicable)
You are legally bound by this document. Please read it carefully.
Before submitting a rental application
or signing a Lease Contract, you may take a copy
of these documents to review and/or consult an attorney.
Additional provisions or changes may be made
in the Lease Contract if agreed to in writing by all parties.
You are entitled to receive an original of this Lease Contract
after it is fully signed. Keep it in a safe place.
Resident or Residents tall sign bekw)
Owner or Owner's Representative (signing on behalf of isomer)
Address and phone number of owner's representative for notice purposes
3500 S. RIVERSIDE DR.
FORT WORTH, TX. 76119
(817)413-0461
Dateformisfilled out (same asoil lop ofpage1) 10/01/2005
Resident
Autumn Chase Apartments 09282005110306
Apartment Lease Contract TAA Official Statewide Form W.A /05-&1103-&2; Revised October, 2003; Copyright 2A03, Texas Apwt rem Association, Inc. Page 6 of 6 p