HomeMy WebLinkAboutContract 61905CSC No. 61905
RENTAL ASSISTANCE LANDLORD AGREEMENT BETWEEN THE
CITY OF FORT WO TH AND WESTDALE HILLS 2013 L.P.
This RENTAL ASSISTANCE LANDLORD AGREEMENT ("Agreement") is made
and entered into between the CITY OF FORT WO TH ("City"), and WESTDALE HILLS
2013 L.P. ("Landlord"), each individually referred to as a "party" and collectively referred to as
the "parties."
WHEREAS, the City provides rental assistance in the form of monetary payment for a
defined portion of rent due paid directly to the landlord or management company of the property
so long as the landlord or property management agree to certain terms; and
WHEREAS, in the event the City determines the Tenant named below is eligible for a
utility reimbursement payable to their landlord under the Utility Allowance Schedule established
by either the Tarrant County Housing Assistance Office or Fort Worth Housing Solutions, City
will also provide assistance in the form of monetary payment for a defined portion of utilities to
the landlord or management company of the property; and
WHEREAS, ("Tenant") is a participant in the City's
rental assistance program; and
WHEREAS, the City requires that landlords must enter into this Agreement in order to
receive the City's payment of the defined portion of Tenant's rent; and
WHEREAS, Agreement Documents shall consist of this Landlord Services Agreement
and Exhibit A — Copy of Tenant Lease, attached hereto and incorporated herein. In the event of
any conflict between the terms and conditions of Exhibit A and the terms and conditions set forth
in the body of this Agreement, the terms and conditions of this Agreement shall control. It is
understood that City is not bound by any portion of Exhibit A and is only bound by the duties and
obligation set forth in this Landlord Services Agreement.
NOW THEREFORE the Parties in exchange for the benefit received from the other
Party's performance, agree to the following terms and conditions:
1. PROPERTY INFORMATION
Tenant has entered into an agreement with Landlord to rent a 1 BEDROOM ("Lease").
The unit is located at
2. TERM.
This Agreement shall begin on SEPTEMBER 1, 2024 and shall expire on DECEMBER
31, 2025, unless terminated earlier in accordance with this Agreement ("Initial Term"). It is
understood by both Parties that this Initial Term consists of two Leases, both attached. The first
attached lease runs through September 24, 2024 and the second lease begins immediatelv
OFFICIAL RECORD
Rental Assistance Landlord Agreement CITY SECRETARY Page 1 of 13
FT. WORTH, TX
thereafter until December 31, 2025. For that reason, prorated amounts are expected and will be
described in further detail in Section 3.2 below. The Parties shall have the option to renew this
Agreement by written agreement for additional one-year terms following City review and approval
of request by both Tenant and Landlord under the same terms and conditions, provided however
that the rental rate and any amounts payable by City shall be provided to the City in writing for
the new term at least 30 days prior to the effective date of the renewal term.
3. COMPENSATION.
3.1 Security Deposit
The Tenant shall pay a security deposit $300.00 for the Unit to the Landlord in accordance
with the Tenant's lease, attached hereto as Exhibit A. The Landlord will hold this security deposit
during the period the Tenant occupies the dwelling unit under the Lease. The Landlord shall
comply with state and local laws regarding interest payments on security deposits.
After the Tenant has moved from the dwelling unit, the Landlord may, subject to state and
local law, use the security deposit, including any interest on the deposit, as reimbursement for rent
or any other amounts payable by the Tenant under the Lease. The Landlord will give the Tenant a
written list of all items charged against the security deposit and the amount of each item. After
deducting the amount used as reimbursement to the Landlord, the Landlord shall promptly refund
the full amount of the balance to the Tenant.
The named Tenant may be eligible for security deposit payment assistance payable to
Landlord. In the event that the City pays the security deposit for the Unit on behalf of the Tenant
under a federally funded program (including the Permanent Housing Placement Program), after
deducting the amount used as reimbursement to the Landlord, the Landlord will promptly refund
the full amount of the balance of the City Portion to the City in accordance with HUD regulations.
This does not limit Landlord's right to withhold any portion of the deposit that would normally be
withheld at termination under the terms of the underlying lease. Based upon the City's review,
City will pay a $0.00 security deposit, to be paid directly to the Landlord.
The Landlord shall immediately notify the City when the Tenant has moved from the Unit.
3.2 Rent and Amounts Payable by City
3.2.1 Rent. The City has been notified that the Tenant's prorated rent from SEPTEMBER
1, 2024 to SEPTEMBER 24, 2024 is $895.20 per month for the Unit. The prorated rent from
SEPTEMBER 25, 2024 to SEPTEMBER 30, 2024 is $233.40 per month for the Unit. Beginning
OCTOBER 1, 2024 to DECEMBER 31, 2025, Tenant's Total Rent will be $1,167.00 per month
for the Unit.
During the initial term, from SEPTEMBER 1, 2024 to SEPTEMBER 30, 2024, the
Tenant will be responsible for $0.00 of rent per month for the Unit. Beginning OCTOBER 1,
2024 to DECEMBER 31, 2025, the Tenant will be responsible for $242.00 per month for the
Unit.
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During the Initial Term, from SEPTEMBER 1, 2024 to SEPTEMBER 30, 2024, the City
will be responsible for $1.128.60 of prorated rent ($895.20 of prorated rent for SEPTEMBER
1, 2024 to SEPTEMBER 23, 2024 and $233.40 of the prorated rent for SEPTEMBER 24,
2024 to SEPTEMBER 30, 2024). Beginning OCTOBER 1, 2024 to DECEMBER 31, 2025,
City will be responsible for $925.00 per month for the Unit.
Neither City nor HUD assumes any obligation for the Tenant's Portion of the rent, or for
payment of any claim by Landlord against Tenant. The City's sole obligation is limited to paying
the City Portion of the Rent in accordance with this Agreement. Tenant shall be liable for rent,
payments, and other fees associated with the Unit and City shall not be obligated by law or in
equity for any amount other than the City Portion.
3.2.2 Utilities. The named Tenant may be eligible for a utility reimbursement payable to
Landlord. The amount of the allowance has been calculated utilizing the Utility Allowance
Schedule established by the Tarrant County Housing Assistance Office/Fort Worth Housing
Solutions. Based upon the City's review, during the Initial Term, City will pay no more than $0.00
utility reimbursement per month toward the Tenant's utility payments, to be paid directly to the
Landlord.
3.2.3 Payment Conditions. The right of the Landlord to receive payments under this
Agreement shall be subject to compliance with all of the provisions of the Agreement. The
Landlord's signature on this agreement shall be a certification that:
1. The Unit is in decent, safe and sanitary condition, and that the Landlord is providing
the services, maintenance and utilities agreed to in the Lease.
2. The Unit is leased to and occupied by the Tenant named above in this Agreement.
3. The Landlord has not received and will not receive any payments as rent for the
Unit other than those identified in this Agreement.
4. To the best of the Landlord's knowledge, the unit is used solely as the Tenant's
principal place of residence.
3.2.4 Method of Payment. Payments made electronically (i.e.- the City's Automated
Clearing House network) provide more protection against theft and fraud and can be processed
more quickly by the City.
If Landlord registers to be paid under this Agreement electronically, City payments will
generally be made on or about the first day of the month for which the payment is due. Payments
for the first month of the initial term, and any subsequent renewals, may be somewhat delayed as
a result of the registration and initial set-up process.
If Landlord requests payment under this Agreement by paper check, City payments will be
made as promptly as possible following the first day of the month for which payment is due. If
Landlord request payment by check, Landlord assumes all liabilities related to theft, fraud, and
late payments.
If Landlord elects to receive electronic payments, Landlord will not assess any late fee
against Tenant or City for late payments by City so long as payments are made within thirty (30)
days of the day payment is due. In the event that the lease is provided to the City after the payment
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date, then Landlord will not assess any late fee against Tenant or City for late payments by City
so long as payments are made within thirty (30) days of the day the lease is received by City. If
Landlord elects to receive payment by paper check, under no circumstances shall late fees be
assessed against Tenant or City for late payment by the City.
3.2.5 Overpayments. If the City determines that the Landlord is not entitled to any
payments received, in addition to other remedies the City may deduct the amount of the
overpayment from any amounts due the Landlord, including the amounts due under any other
Rental Assistance Agreement.
4. TERMINATION.
4.1. Termination of Tenancy: The Landlord may terminate its lease with the Tenant
only as authorized by and through and following applicable state and local laws. The Landlord
must give the Tenant at least 30 days' written notice of the termination and notify the City in
writing within two business days of notifying the Tenant. This may be done by providing City with
a copy of the required notice to the tenant. This Agreement shall automatically terminate on the
date the tenant's lease terminates.
4.2 Termination of Landlord Services Agreement
4.2.1 Written Notice. The City may terminate this Agreement immediately in writing in
the event that Landlord breaches this Agreement. City may also terminate this Agreement at any
time and for any reason by providing Landlord with 30 days' written notice of termination.
4.2.2 Non -appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Landlord
of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except
as to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated
prior to the Expiration Date, City shall pay Landlord the City Portion of the Total Rent for the
months the Tenant actually occupied the Unit and the Landlord complied with all of the terms and
conditions of this Agreement prior to the date of expiration or termination. City shall not be
obligated for any additional fees or expenses of any kind. If City has paid any portion of the City
Portion for a month that is after the effective date of termination of this Agreement, Landlord shall
refund that portion within thirty days of the effective date of termination by check made out to the
City of Fort Worth Neighborhood Services Department In the event of any dispute arising out of
this Agreement, the only remedv Landlord may assert for anv claim, no matter the kind or
character, arising out of this Agreement is for the Citv Portion of the Tenant's Total Rent for the
months that Tenant occupied the unit and this Agreement was in effect.
5. HOUSING OUALITY STANDARDS AND LANDLORD -PROVIDED SERVICES
5.1 The Landlord agrees to maintain and operate the Unit and related facilities to provide
decent, safe and sanitary housing in accordance with 24 CFR Section 882.109, including
all of the services, maintenance and utilities agreed to in the Lease.
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5.2 The City shall have the right to inspect the Unit and related facilities at least annually, and
at such other times as may be necessary to assure that the Unit is in decent, safe, and
sanitary condition, and is in compliance with applicable local codes, and that required
maintenance, services and utilities are provided.
5.3 If the City determines that the Landlord is not meeting these obligations, the City shall
have the right, even if the Tenant continues in occupancy, to terminate payment of the
City's Portion of the Total Rent and/or terminate the Agreement without any cost or
expense of any kind whatsoever to City.
6. FAIR HOUSING REOUIREMENT
6.1 Nondiscrimination. The Landlord shall not, in the provision of services or in any
other manner, discriminate against any person on the grounds of age, race, color, creed, religion,
sex, handicap, national origin, or familial status. The obligation of the Landlord to comply with
Fair Housing and Civil Rights Requirements inures to the benefit of the United States of America,
the Department of Housing and Urban Development, and the City, any of which shall be entitled
to involve any of the remedies available by law to redress any breach or to compel compliance by
the Landlord.
6.2 Cooperation in Compliance Reviews. The Landlord shall comply with the City and
with HUD in conducting Fair Housing and Civil Rights and other applicable compliance reviews
and complaint investigations pursuant to all applicable Fair Housing Law, civil rights statutes,
Executive Orders and all related rules and regulations.
6.3 Landlord, for itself, its personal representatives, assigns, subcontractors and
successors in interest, as part of the consideration herein, agrees that in the performance of
Landlord's duties and obligations hereunder, it shall not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law, including
City ordinances. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS
NON-DISCRIMINATION COVENANT BY LANDLORD, ITS PERSONAL
REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN
INTEREST, LANDLORD AGREES TO ASSUME SUCH LIABILITY AND TO
INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH
CLAIM.
7. RIGHTS OF CITY IF LANDLORD BREACHES THE AGREEMENT
7.1 Any of the following shall constitute a breach of the Agreement:
(1) If the Landlord has violated any obligation under this Agreement; or
(2) If the Landlord has demonstrated any intention to violate any obligation
under this Agreement; or
(3) If the Landlord has committed any fraud or made any false statement in
connection with the Agreement, or has committed fraud or made any false
statement in connection with any Federal housing assistance program.
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7.2 The City shall notify the Landlord in writing of its determination that a breach has
occurred, including a brief statement of the reasons for the determination. The notice to the
landlord may, at the City's sole discretion, allow the Landlord a defined time period in which the
Landlord may take corrective action to remedy the breach.
7.3 The City's right and remedies for breach of this Agreement shall not be limited by
any provision of this Agreement and City shall be able to seek all remedies available under any
applicable laws.
8. NO THIRD PARTY BENEFICIARIES
8.1 The City does not assume any responsibility for, or liability to, any person injured
as a result of the Landlord's action or failure to act in connection with the implementation of this
Agreement, or as a result of any other action or failure to act by the Landlord.
8.2 The Landlord is not the agent of the City and this Agreement does not create or
affect any relationship between the City and any lender to the Landlord, or any suppliers,
employees, contractors or subcontractors used by the Landlord in connection with this Agreement.
8.3 Nothing in this Agreement shall be construed as creating any right of the Tenant or
a third party (other than HUD) to enforce any provision of this Agreement or to assess any claim
against HUD, the City or the Landlord under this Agreement.
9. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
9.1 Disclosure of Conflicts. Landlord hereby warrants to City that Landlord has made
full disclosure in writing of any existing or potential conflicts of interest related to Landlord's
services under this Agreement. In the event that any conflicts of interest arise after the Effective
Date of this Agreement, Landlord hereby agrees immediately to make full disclosure to City in
writing.
9.2 Confidential Information. Landlord, for itself and its officers, agents and
employees, agrees that it shall treat all information provided to it by City ("City Information") as
confidential and shall not disclose any such information to a third party without the prior written
approval of City.
9.3 Unauthorized Access. Landlord shall store and maintain City Information in a
secure manner and shall not allow unauthorized users to access, modify, delete or otherwise
corrupt City Information in any way. Landlord shall notify City immediately if the security or
integrity of any City Information has been compromised or is believed to have been compromised,
in which event, Landlord shall, in good faith, use all commercially reasonable efforts to cooperate
with City in identifying what information has been accessed by unauthorized means and shall fully
cooperate with City to protect such City Information from further unauthorized disclosure.
10. RIGHT TO AUDIT.
Landlord agrees that City or HUD shall, until the expiration of five (5) years after final
payment under this Agreement, including any renewal terms, or the final conclusion of any audit
commenced during the said three years, have access to and the right to examine at reasonable times
any directly pertinent books, documents, papers and records, including, but not limited to, all
electronic records, of Landlord involving transactions relating to this Agreement as HUD or the
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City may reasonably require at no additional cost to City or HUD. Landlord agrees that City or
HUD shall have access during normal working hours to all necessary Landlord facilities and shall
be provided adequate and appropriate work space in order to conduct audits in compliance with
the provisions of this section. City or HUD shall give Landlord reasonable advance notice of
intended audits.
This section shall survive the expiration or termination of this Agreement.
11. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Landlord shall operate as an independent
contractor as to all rights and privileges and work performed under this Agreement, and not as
agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Landlord shall have the exclusive right to control the details of its
operations and activities and be solely responsible for the acts and omissions of its officers, agents,
servants, employees, consultants and subcontractor. Landlord acknowledges that the doctrine of
respondent superior shall not apply as between City, its officers, agents, servants and employees,
and Landlord, its officers, agents, employees, servants, Landlords and subcontractors. Landlord
further agrees that nothing herein shall be construed as the creation of a partnership or joint
enterprise between City and Landlord. It is further understood that City shall in no way be
considered a Co -employer or a Joint employer of Landlord or any officers, agents, servants,
employees or subcontractor of Landlord. Neither Landlord, nor any officers, agents, servants,
employees or subcontractor of Landlord shall be entitled to any employment benefits from City.
Landlord shall be responsible and liable for any and all payment and reporting of taxes on behalf
of itself, and any of its officers, agents, servants, employees or subcontractor.
12. LIABILITY AND INDEMNIFICATION.
12.1 LIABILITY - LANDLORD SHALL BE LIABLE AND RESPONSIBLE FOR
ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
12.2 GENERAL INDEMNIFICATION - LANDLORD HEREBY COVENANTS
AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND
ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED
DAMAGE OR LOSS TO LANDLORD'S BUSINESS AND ANY RESULTING LOST
PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE
EXTENT CA USED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF
LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
LANDLORD ACKNOWLEDGES AND AGREES THAT CITY SHALL HAVE NO
LIABILITY OR RESPONSIBLITY FOR ANY DAMAGES OF ANY KIND OR CHARACTER
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TO THE UNIT RENTED TO THE TENANT OR ANY OTHER PROPERTY OWNED BY
LANDLORD.
Section 12 shall survive the expiration or termination of this Agreement.
13. ASSIGNMENT AND SUBCONTRACTING.
13.1 Assignment. Landlord shall not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee shall execute a written agreement with City and Landlord under which
the assignee agrees to be bound by the duties and obligations of Landlord under this Agreement.
Landlord and Assignee shall be jointly liable for all obligations of Landlord under this Agreement
prior to the effective date of the assignment.
13.2 Subcontract. If City grants consent to a subcontract, sub Landlord shall execute a
written agreement with Landlord referencing this Agreement under which sub Landlord shall agree
to be bound by the duties and obligations of Landlord under this Agreement as such duties and
obligations may apply. Landlord shall provide City with a fully executed copy of any such
subcontract.
14. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Landlord agrees that in the performance of its obligations hereunder, it shall comply with
all applicable federal, state and local laws, ordinances, rules and regulations and that any work
performed at the Unit in connection with this Agreement will also comply with all applicable
federal, state and local laws, ordinances, rules and regulations. If City notifies Landlord of any
violation of such laws, ordinances, rules or regulations, Landlord shall immediately desist from
and correct the violation.
15. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (1) hand -delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of
the transmission, or (3) received by the other party by United States Mail, registered, return receipt
requested, addressed as follows:
To CITY:
To LANDLORD:
City of Fort Worth WESTDALE HILLS 2013 L.P.
Attn: Fernando Costa, Assistant City Manager 1401 SOTOGRANDE BLVD.
200 Texas Street EULESS, TX 76040
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
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With copy to Fort Worth Neighborhood
Services Department, Attention: Compliance
Division at same address
16. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, City does not waive or
surrender any of its governmental powers or immunities.
17. NO WAIVER.
The failure of City or Landlord to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or
Landlord's respective right to insist upon appropriate performance or to assert any such right on
any future occasion.
18. GOVERNING LAW / VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas. If
any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement,
venue for such action shall lie in state courts located in Tarrant County, Texas or the United States
District Court for the Northern District of Texas, Fort Worth Division.
19. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected or
impaired.
20. FORCE MAJEURE.
City and Landlord shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including,
but not limited to, compliance with any government law, ordinance or regulation, acts of God,
acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor
restrictions by any governmental authority, transportation problems and/or any other similar
causes.
21. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be
deemed a part of this Agreement, and are not intended to define or limit the scope of any provision
of this Agreement.
22. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this
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Agreement and that the normal rules of construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in the interpretation of this Agreement
or Exhibit A.
23. AMENDMENTS/ MODIFICATIONS/ EXTENSIONS.
No amendment, modification, or extension of this Agreement shall be binding upon a party
hereto unless set forth in a written instrument, which is executed by an authorized representative
of each party.
24. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibit A, contains the entire understanding and agreement
between City and Landlord, their assigns and successors in interest, as to the matters contained
herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void
to the extent in conflict with any provision of this Agreement.
25. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Agreement may be executed in multiple counterparts, each of which shall be an
original and all of which shall constitute one and the same instrument. A facsimile copy or
computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the
same effect as an original.
26. SIGNATURE AUTHORITY AND WARRANTY.
The person signing this Agreement hereby warrants that he/she has the legal authority to
execute this Agreement on behalf of the respective party, and that such binding authority has been
granted by proper order, resolution, ordinance or other authorization of the entity. Each party is
fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
By signing this Agreement, Landlord warrants that the Unit is in decent, safe, and sanitary
condition as defined in 24 CFR Section 882.109, and that the Landlord has the legal right to lease
the Unit during the term.
27. CHANGE IN COMPANY NAME OR OWNERSHIP
Landlord shall notify City's Neighborhood Services Department, Compliance Division and
City of Fort Worth Financial Management Services Department, Purchasing Division, , in writing,
of a company name, ownership, or address change for the purpose of maintaining updated City
records. The president of Landlord or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal
documentation such as an updated W-9, documents filed with the state indicating such change,
copy of the board of director's resolution approving the action, or an executed merger or
acquisition agreement. Failure to provide the specified documentation so may adversely impact
future invoice payments.
28. CONFIDENTIAL INFORMATION
Landlord acknowledges that CITY is a governmental entity and is subject to the Texas
Public Information Act ("Act"). By executing this agreement, Landlord acknowledges that this
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agreement will be publicly available on the CITY's website, and Landlord is therefore waiving
any claim of confidentiality, whether based in statute or the common law, to any and all materials
contained as part of this agreement including all documents and information referenced herein or
attached hereto.
29. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT
ISRAEL
If Landlord has less than ten employees, this contract is for less than $100,000, or Landlord
does not meet the definition of a "company" under the applicable section of the Texas Government
Code, this provision shall not apply. Landlord acknowledges that in accordance with Chapter 2270
of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it:
(1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The
terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section
808.001 of the Texas Government Code. By signing this contract, Landlord certifies that
Landlord's signature provides written verification to the City that Landlord: (1) does not boycott
Israel; and (2) will not boycott Israel during the term of the contract.
30. PROHIBITION ON BOYCOTTING ENERGY COMPANIES
Landlord acknowledges that in accordance with Chapter 2276 of the Texas Government
Code, City is prohibited from entering into a contract for goods or services that has a value of
$100,000 or more that is to be paid wholly or partly from public funds of the City with a company
with 10 or more full-time employees unless the contract contains a written verification from the
company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies
during the term of the contract. To the extent that Chapter 2276 of the Government Code is
applicable to this Agreement, by signing this Agreement, Landlord certifies that Landlord's
signature provides written verification to City that Landlord: (1) does not boycott energy
companies; and (2) will not boycott energy companies during the term of this Agreement.
31. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND
AMMUNITION INDUSTRIES
Landlord acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract for goods or services that has a
value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a
company with 10 or more full-time employees unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade association. To the extent
that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Landlord certifies that Landlord's signature provides written verification to City that
Landlord: (1) does not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or
firearm trade association during the term of this Agreement.
(signature page follows)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By:
Name: Fernando Costa
Title: Assistant City Manager
Date: Aug 26, 2024
APPROVAL RECOMMENDED:
By:
CONTRACT COMPLIANCE
MANAGER:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
By:
Name: Cyndee Garza
Title: Sr. Human Services Specialist
Name: Kacey Bess APPROVED AS TO FORM AND
Title: Director, LEGALITY:
Neighborhood Services Department
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Name: Jannette Goodall
Title: City Secretary
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Title: PROPERTY MANAGER
Date: Aug 19, 2024
Name: Jessika Williams
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 23-0631
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Rental Assistance Landlord Agreement Page 12 of 13
EXHIBIT A
CoDv of Tenant's Lease
Rental Assistance Landlord Agreement Page 13 of 13
7 `nse is valid only iffilled out before Janudry 7,7C
111 _ .
t,xr:RTtr:.nsaca�x�rty: Apartment Lease Contract'
This is a binding contract. Read carefully before signing.
This Lease Contract ("Lease") is between you, the resident(s) as listed below and us The terror "you" and "your" refer ID all residents.
The terms "we," "us," and "our" refer to the owner listed below.
PARTIES
Residents
Owner Westdale Hills 2 0 a LP
a G ��
Occupants
LEASE DETAILS
�;-
3 A. Apartment (Par. 2)
B. Initial Lease Term. Begins: 08/25/2023 Ends at 11:59 p.m. on: 09/24/2024
C. Monthly Base Rent (Par. 3) E. Security Deposit (Par. 5) F. Notice of Termination or Intent to Move Out (Par. 4)
$ 1119. 00 < 300.00 A minimum of 30 days' written notice of
termination or intent to move out required at end of initial Lease
term or during renewal period
Note that this amount does not
D. Prorated Rent include anyAnimal Deposit, which Ifthe number ofdays isn'tfilled in, notice ofatleast30 days
would be reflected in an Animal is required.
$ 252 68 Addendum.
due for the remainder of 1st
month or
D for 2nd month
G. Late Fees (Par. 3.3)
Initial Late Fee Daily Late Fee
Id 10 % of one month's monthly base rent or D % of one month's monthly base rent for --- days or
CIS o $ for _ _ _ days
Due if rent unpaid by 1159 p.m. on the 3 r d (3rd or greater} day ofthe month
H. Returned Check or Rejected J. Optional Early Termination Fee (Par. 7.2) K. Animal Violation Charge (Par. 12.2)
Payment Fee (Par. 3.4) t 1119. 00 Initial charge of$ 10 0. 00 per animal (not
$ 40. 00 Notice of 30 days is required. to exceed $100 per animal) and
You are not eligiblefor early termination if AdailychargeofS 10. 00 per animal
I. Reletting Charge (Par. 71) you are in default. {not to exceed $10 per day per animal)
Are char a of$ 958. 80 Fee must be paid no later than 30
g g days after you give us notice
(not to exceed 85%ofthe highest Ifvoluesare blank or'b"then this section does
r monthly Rent during the Lease term) notapply.
may be charged in certain default
situations
L. Additional Rent- Monthly Recurring Fixed Charges. You will pay separately for these items as outlined below and/or in separate addenda,
Special Provisions or an amendment to this Lease.
Animal rent S 0.00 Cable/satellite S Trash service $
Internet < Package service Pest control 5 2.00
Storage It $ Washer/Dryer 5
Other: Trash Fee S 7.00
Other: <
Other: <
Other: t
l
1 M. Utilities and Other Variable Charges. You will pay separately for gas, water, wastewater, electricity, trash/recycling, utility billing fees and other
items as outlined in separate addenda, Special Provisions or an amendment to this Lease.
Utility Connection Charge or Transfer Fee: $ 50.00 (not to exceed $50) to be paid within 5 days of written notice (Par. 3.5)
i
'- Special Provisions. See Par. 32 or additional addenda attached. The Lease cannot be changed unless in writing and signed by you and us.
Apartment Lease Contract 2022, Texas Apartment Association, Inc. Page 1 of6
T
hr Blue Moon e5ignature Services Document ID: 392777938 1
1. Definitions. The following terms are commonly used in this Lease:
1.1. "Residents" are those listed in "Residents" above who sign
the Lease and are authorized to live in the apartment.
1.2. "Occupants" are those listed inthis Lease who are also autho-
rized to live in the apartment, but who do not sign the Lease.
1.3. "Owner" may be identified by an assumed name and is the
owner only and not property managers or anyone else.
1.4. "Including" in this Lease means "including but not limited to."
1.5. "Community Policies" are the written apartment rules and
policies, including property signage and instructions for
care of our property and amenities, with which you, your
occupants, and your guests must comply.
1.6. "Rent" is monthly base rent plus additional monthly
recurring fixed charges.
Apartment. You are leasing the apartment listed above for use as a
private residence only.
2.1. Access. In accordance with our Community Policies, you'll
receive access information or devices for your apartment
and mailbox, and other access devices including:
2.2. Measurements. Any dimensions and sizes provided to you
relating to the apartment are only approximations or
estimates; actual dimensions and sizes may vary.
2.3. Representations. You agree that designations or accredi-
tations associated with the property are subject to change.
Rent. You must pay yourRenton orbefore the 1st day of each
month (due date) without demand. There are no exceptions
regarding the payment ofRent, and you agree not paying Rent on
or before the 1st of each month is a material breach of this Lease.
3.1. Payments. You will pay your Rent by any method, manner
and place we specify in accordance with our Community
Policies. Cash is not acceptable without ourpriorwritten
permission. You cannot withhold or offset Rent unless
authorized bylaw. We may, at our option, require at any
time that you pay Rent and other sums due in one single
payment by any method we specify.
3.2. Application of Payments. Payment of each sum due is an
independent covenant, which means payments are due
regardless ofour performance. When we receive money,
other than water and wastewater payments subject to
government regulation, we may apply it at our option and
without notice first to any of your unpaid obligations, then
to accrued rent. We may do so regardless of notations on
checks or money orders and regardless of when the
obligations arose. All sums other than Rent and late fees are
due upon our demand. After the due date, we do not have
to accept any payments.
3.3. Late Fees. Ifwe don't receive your monthly base rent in full
when it's due, you must pay late fees as outlined in Lease Details.
3.4. Returned Payment Fee. You'll pay the fee listed in Lease
Details for each returned check or rejected electronic
payment, plus initial and daily late fees if applicable, until
we receive full payment in an acceptable method.
3.5. Utilities and Services. You'll pay for all utilities and services,
related deposits, and any charges or fees when they are due
and as outlined in this Lease. Television channels that are
provided may be changed during the Lease term ifthe
change applies to all residents.
If your electricity is interrupted, you must use only battery -
operated lighting (no flames). You must not allow any
utilities (other than cable or Internet) to be cut off or
switched for any reason —including disconnection for not
paying your bills —until the Lease term or renewal period
ends. If a utility is individually metered, it must be connected
in your name and you must notify the provider ofyour move -
out date. Ifyou delay getting service turned on in your name
by the Lease's start date or cause it to be transferred back into
our name before you surrender or abandon the apartment,
you'll be liable for the charge listed above (not to exceed $50
per billing period), plus the actual or estimated cost ofthe
utilities used while theutility should have been billed to you.
Ifyour apartment is individually metered and you change
your retail electric provider, you must give us written notice.
You must pay all applicable providerfees, including any fees
to change service back into our name after you move out.
3.6. Lease Changes. Lease changes are only allowed during the
Lease term or renewal period if governed by Par.10, specified
in Special Provisions in Par. 32, or by a written addendum or
amendment signed by you and us. At or after the end ofthe
initial Lease term, Rent increases will become effective with at
least 5 days plus the number ofdays' advance notice contained
in Box F on page 1 in writing from us to you. Your new Lease,
which may include increased Rent or Lease changes, will begin
on the date stated in any advance notice we provide (without
needing your signature) unless you give us written move -out
notice under Par. 25, which applies only to the end ofthe current
Lease term or renewal period.
Automatic Lease „enewal and Notice of Termination. This Lease
will automatically renew month -to -month unless either party gives
written notice oftermination or intent to move out as required by Par.
25 and specified on page 1. If the number ofdays isn't filled in, no-
tice of at least 30 days is required.
Security Deposit.The total security depositfor all residents is due
on or before the date this Lease is signed. Any animal deposit will be
designated in an animal addendum. Security deposits may not be ap-
plied to Rent without our prior written consent.
5.1. Refunds and Deductions. You must give us vour advance
notice of move out as provided by Par. 25 and forwarding
address in writing to receive a written description and
itemized list of charaes or refund. In accordance with our
Community Policies and as allowed by law, we may deduct
from yoursecuritydeposit any amounts due underthe
Lease. If you move out early or in resoonse to a notice to
vacate, vou11 be liable for rekevino charaes. Upon receipt of
your move -out date and forwarding address in writing, the
security deposit will be returned (less lawful deductions)
with an itemized accounting of any deductions, no later than
30 days after surrender or abandonment, unless laws provide
otherwise. Any refund may be by one paymentjointly payable
to all residents and distributed to any one resident we choose,
or distributed equally among all residents.
Insurance. Ourinsurance doesn't cover the loss ofordamage to
yourpersonal property. You will be required to have liability insur-
ance as specified in our Community Policies or Lease addenda un-
less otherwise prohibited by law. Ifyou have insurance covering the
apartment oryour personal belongings at the time you or we suffer
or allege a loss, you agree to require your insurance carrier to waive
any insurance subrogation rights. Even if not required, we urge you
to obtain your own insurance for losses due to theft, fire, flood, water,
pipe leaks and similar occurrences. Most renter's insurance policies
don't cover losses due to a flood.
Reletting and Early Lease Termination. This Lease may not be ter-
minated early except as provided in this Lease.
7.1. Reletting Charge. You'll be liable for a reletting charge as
listed in Lease Details, (not to exceed 85% ofthe highest
monthly Rent during the Lease term) ifyou: (A) fail to move in,
or fail to give written move -out notice as required in Par. 25,
(B) move out without paying Rent in full forthe entire Lease
term or renewal period; (C) move out at our demand because
of your default; or (D) arejudicially evicted. The reletting
charge is not a termination, cancellation or buyout fee and
does not release you from your obligations underthis Lease,
including liability for future or past -due Rent, charges for
damages or other sums due.
The reletting charge is a liquidated amount covering only
part of our damages —for ourtime, effort, and expense in
finding and processing a replacement resident. These
damages are uncertain and hard to ascertain —particularly
those relating to inconvenience, paperwork, advertising,
showing apartments, utilities for showing, checking pros-
pects, overhead, marketing costs, and locator -service fees.
You agree that the reletting charge is a reasonable estimate
of our damages and that the charge is due whether or not our
reletting attempts succeed.
7.2. Early Lease Termination Procedures. In addition to your
termination rights referred to in 7.3 or8.1 below, ifthis provision
applies under Lease Details, you may terminate the Lease
prior to the end ofthe Lease term ifall ofthe following
occur. (a) as outlined in Lease Details, you give us written
notice of early termination, pay the early termination fee and
specifythe date by which you'll move out; (b) you are not in
default at any time and do not hold over, and (c) you repay all
rent concessions, credits or discounts you received during the
Lease term. Ifyou are in default, the Lease remedies apply.
7.3. Special Termination Rights. You mayhave the rightunder
Texaslawto terminate the Lease earlyin certain situations .
involving militarydeployment ortransfer, family violence,
certain sexual offenses, stalking or death ofasole resident.
Delay of Occupancy. We are not responsible for any delay of your
occupancy caused by construction, repairs, cleaning, or a previous
resident's holding over. This Lease will remain in force subject to
(1) abatement of Rent on a daily basis during delay, and (2) your right
to terminate the Lease in writing as set forth below. Rent abatement
and Lease termination do not apply if the delay is for cleaning or re-
pairs that don't prevent you from moving into the apartment.
8.1. Termination. Ifwe give written notice to you of a delay in
occupancy when or after the Lease begins, you may termi-
nate the Lease within 3 days after you receive written notice.
Ifwe give you written notice before the date the Lease begins
and the notice states that a construction or other delay is
expected and that the apartment will be ready for you to
occupy on a specific date, you may terminate the Lease within
7 days after receiving written notice.
After proper termination, you are entitled only to refund of
any deposit(s) and any Rent you paid.
Apartment Lease Contract 02022, Texas Apartment Association, Inc.
(1/j'*tlue Moon e5ignature Services Document ID: 392777938 1
Page 2 of 6
9. Care of Unit and Damages. 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
because of a Lease or Community Policies violation; improper use,
negligence, or other conduct by you, your invitees, your occupants,
or your guests; or, as allowed bylaw, any other cause not due to our
negligence or fault, except for damages by acts of God to the extent
they couldn't be mitigated by your action or inaction.
Unless damage or wastewaterstoppageis due to ournegligence,
we're not liable for —and you must pay for —repairs and replace-
ments occurring during the Lease term orrenewal period, includ-
ing: (A) damage from wastewaterstoppages caused byimproper
objects in lines exclusivelyserving yourapartmen[; (8) damage to
doors, windows, orscreens, and (C) damage from windows or doors
leftopen.
10. Community Policies. Community Policies becomepart ofthe
Lease and must be followed. We may make changes, including addi-
tions, to our written Community Policies, and those changes can be-
come effective immediately if the Community Policies are distributed
and applicable to all units in the apartment community and do not
change the dollar amounts in Lease Details.
10.1. Photo/Video Release. You give us permission to use any
photograph, likeness, image or video taken ofyou while
you are using property common areas or participating in
any event sponsored by us.
10.2. Disclosure of Information. At our sole option, we may,
but are not obligated to, share and use information related
to this Lease for law -enforcement, governmental, or business
purposes. At our request, you authorize any utility provider to
give us information about pending or actual connections or
disconnections of utility service to your apartment.
10.3. Guests. We may exclude from the apartment community
any guests or others who, in our sole judgment, have been
violating the law, violating this Lease or our Community
Policies, or disturbing other residents, neighbors, visitors,
or owner representatives. We may also exclude from any
outside area or common area anyone who refuses to show
photo identification or refuses to identify himself or
herself as a resident, an authorized occupant, or a guest of
a specific resident in the community.
Anyone not listed in this Lease cannot stay in the
apartment for more than 7 days in one week
without our prior written consent, and no more than twice
that many days in any one month. lithe previous space
isn't filled in, 2 days total per week will be the limit.
10.4. Notice of Convictions and Registration. You must
notify us within 15 days if you or any of your occupants:
(A) are convicted of any felony, (B) are convicted of any
misdemeanor involving a controlled substance, violence to
another person, or destruction of property, or (C) register as a
sex offender. Informing us of a criminal conviction or
sex -offender registration doesn't waive any rights we may
have against you.
10.5. Odors and Noise. You agree that odors, smoke and
smells including those related to cooking and everyday
noises or sounds are all a normal part of a multifamily
living environment and that it is impractical for us to
prevent them from penetrating your apartment.
11. Conduct. You agree to communicate and conduct yourself in a law-
ful, courteous and reasonable manner at all times when interacting
with us, our representatives and other residents or occupants. Any
acts of unlawful, discourteous or unreasonable communication or
conduct by you, your occupants or guests is a breach of this Lease.
You must use customary diligence in maintaining the apartment,
keeping it in a sanitary condition and not damaging or littering the
common areas.Trash must be disposed of at least weekly. You will
use your apartment and all other areas, including any balconies, with
reasonable care. We may regulate the use of passageways, patios,
balconies, porches, and activities in common areas.
11.1. Prohibited Conduct. You, your occupants, and your guests
will not engage in certain prohibited conduct, including the
following activities:
(a) criminal conduct; manufacturing, delivering, or
possessing a controlled substance or drug parapher-
nalia; engaging in or threatening violence; possessing
a weapon prohibited by state law, discharging a firearm
in the apartment community; or, except when
allowed by law, displaying or possessing a gun, knife,
or other weapon in the common area, or in a waythat
may alarm others;
(b) behaving in aloud, obnoxious or dangerous manner;
(c) disturbing .r threatening the rights, comfort, health, safety,
or convenience of others, including us, our agents, or our
representatives;
(d) disrupting our business operations;
(e) storing anything in closets containing water heaters or
gas appliances,
(f) tampering with utilities or telecommunication
equipment;
(g) bringing hazardous materials into the apartment
community,
(h) using windows for entry or exit;
(i) heating the apartment with gas -operated appliances;
Q) making bad -faith or false allegations against us or our
agents to others;
(k) smoking of any kind, that is not in accordance with our
Community Policies or Lease addenda;
(1) using glass containers in or near pools; or
(m) conducting any kind of business (including child-care
services) in your apartment or in the apartment
community —except for any lawful business
conducted "at home" by computer, mail, or telephone if
customers, clients, patients, employees or other
business associates do not come to your apartment
for business purposes.
12. Animals. No living creatures ofanykind are allowed, even tempo-
rarily, anywhere in the apartment or apartment community un-
less we've given written permission. If we allow an animal, you must
sign a separate Animal Addendum and, except as set forth in the ad-
dendum, pay an animal deposit and applicable fees and additional
monthly rent, as applicable. An animal deposit is considered a gener-
al security deposit. You represent that any requests, statements and
representations you make, including those for an assistance or sup-
port animal, are true, accurate and made in good faith. Feeding stray,
feral or wild animals is a breach ofthis Lease.
12.1. Removal of Unauthorized Animal. We may remove an
unauthorized animal by (1) leaving, in a conspicuous
place in the apartment, a written notice of our intent to
remove the animal within 24 hours; and (2) following the
procedures of Par.14. We may: keep or kennel the animal;
turn the animal over to a humane society, local authority
or rescue organization; or return the animal to you if
we consent to your request to keep the animal and you
have completed and signed an Animal Addendum and
paid all fees. When keeping or kenneling an animal, we
won't be liable for loss, harm, sickness, or death ofthe
animal unless due to our negligence. You must pay for
the animal's reasonable care and kenneling charges.
12.2. Violations of Animal Policies and Charges. Ifyouor
any guest or occupant violates the animal restrictions of
this Lease or our Community Policies, you'll be subject to
charges, damages, eviction, and other remedies
provided in this Lease, including animal violation charges
listed in Lease Details from the date the animal was
brought into your apartment until it is removed. If an
animal has been in the apartment at any time during
yourterm of occupancy (with or without our consent),
we'll charge you for all cleaning and repair costs,
includingclefleaing, deodorizing, and shampooing. Initial
and daily animal -violation charges and animal -removal
charges are liquidated damages for our time,
inconvenience, and overhead in enforcing animal
restrictions and Community Policies.
13. Parking. You may not be guaranteed parking. We may regulate the
time, manner, and place of parking of all motorized vehicles and
other modes oftransportation, including bicycles and scooters, in
our Community Policies. In addition to other rights we have to tow or
boot vehicles understate law, we also have the right to remove, at the
expense of the vehicle owner or operator, any vehicle that is not in
compliance with our Community Policies.
14. When We May Enter. Ifyou or any other resident, guest or occupant
is present, then repair or service persons, contractors, law officers,
government representatives, lenders, appraisers, prospective resi-
dents or buyers, insurance agents, persons authorized to enter under
your rental application, or our representatives may peacefully enter
the apartment at reasonable times for reasonable business purposes.
If nobody is in the apartment, then any such person may enter peace-
fully and at reasonable times (by breaking a window or other means
when necessary) for reasonable business purposes ifwritten notice of
the entry is left in a conspicuous place in the apartment immediately
after the entry. We are under no obligation to enter only when you
are present, and we may, but are not obligated to, give prior notice or
make appointments.
Apartment Lease Contract 02022, Texas Apartment Association, Inc.
IV I Blue Moon eSignature Services Document ID: 392777938
Page 3 of 6
15. Requests, Repairs and Malfunctions.
15.1
15.2.
Written Requests Required. Ifyou or any occupant needs
to send a request —for example, for repairs, installations,
services, ownership disclosure, orsecurity-related matters —
it must be written and delivered to our designated
representative in accordance with our Comm unity Policies
(except for fair -housing accommodation or modification
requests or situations involving imminent danger or threats to
health or safety, such as fire, smoke, gas, explosion, or crime in
progress). Our written notes regarding your oral request do
not constitute a written request from you. Our complying
with or responding to any oral request doesn't waive the strict
requirement for written notices under this Lease. A request
for maintenance or repair by anyone residing in your
apartment constitutes a request from all residents. The time,
manner, method and means of performing maintenance
and repairs, including whether or which vendors to use,
are within oursole discretion.
Your Requirement to Notify. You must promptly notify us in
writing of air conditioning or heating problems, water leaks or
moisture, mold, electrical problems, malfunctioning lights,
broken or missing locks or latches, or any other condition that
poses a hazard orthreat to property, health, or safety. Unless
we instruct otherwise, you are required to keep the
apartment cooled or heated according to our Community
Policies. Air conditioning problems are normally not
emergencies.
15.3. Utilities. We may change or install utility lines or
equipment serving the apartment ifthe work is done
reasonably without substantially increasing your
utility costs. We may turn off equipment and interrupt
utilities as needed to perform work or to avoid
property damage or other emergencies. If utilities
malfunction or are damaged by fire, water, or similar
cause, you must notify our representative immediately.
15.4. Your Remedies. We'll act with customary diligence to
make repairs and reconnections within a reasonable
time, taking into consideration when casualty -insurance
proceeds are received. Unless required by statute after
a casualty loss, or during equipment repair, your Rent
will not abate in whole or in part. "Reasonable time"
accounts for the severity and nature ofthe problem and
the reasonable availability of materials, labor, and
utilities. If we fail to timely repair a condition that
materially affects the physical health or safety of an
ordinary resident as required by the Texas Property Code,
you may be entitled to exercise remedies under § 92.056
and § 92.0561 of the Texas Property Code. If you follow
the procedures under those sections, the following
remedies, among others, may be available to you:
(1) termination of the Lease and an appropriate refund
under 92.056(f); (2) have the condition repaired or
remedied according to § 92.0567; (3) deduct from the Rent
the cost ofthe repair or remedy according to § 92.0561;
and 4) judicial remedies according to § 92.0563.
16. Our Right to Terminate for Apartment Community Damage or
Closure. If, in our sole judgment, damages to the unit or building are
significant or performance of needed repairs poses a danger to you,
we may terminate this Lease and your right to possession by giving
you at least 7 days' written notice. If termination occurs, you agree
we'll refund only prorated rent and all deposits, minus lawful deduc-
tions. We may remove your personal property if, in our solejudg-
ment, it causes a health or safety hazard or impedes our abilityto
make repairs.
16.1. Property Closure. We also have the right to terminate
this Lease and your right to possession by giving you at
least 30 days' written notice of termi nation if we are
demolishing your apartment or closing it and it will no
longer be used for residential purposes for at least 6
months, or if any part ofthe property becomes subject to
an eminent domain proceeding.
Texas Property Co,. _ _,rs. 92.757, 92.753, and 92.754 require, with
some exceptions, that we provide at no cost to you when occupancy
begins: (A) a window latch on each window; (B) a doorviewer (peep-
hole or window) on each exterior door; (C) a pin lock on each sliding
door; (D) either a door -handle latch or a security bar on each sliding
door; (E) a keyless bolting device (deadbolt) on each exterior door;
and (F) either a keyed doorknob lock or a keyed deadbolt lock on
one entry door. Keyed locks will be rekeyed after the priorresident
moves out. The rekeying will be done either before you move in or
within 7 days after you move in, as required by law. If we fail to in-
stall orrekey security devices as required bylaw, you have the right
to do so and deduct the reasonable cost from your next Rent pay-
ment under Texas Property Code sec. 92.165(1). We may deactivate
or not install keyless bolting devices on your doors if (A) you or an
occupant in the dwelling is over55 or disabled, and (B) the require-
ments ofTexas Property Code sec. 91.153(e) or (f) are satisfied.
18.1. Smoke Alarms and Detection Devices. We'll furnish
smoke alarms or other detection devices required by law
or city ordinance. We may install additional detectors
not so required. We'll test them and provide working
batteries when you first take possession ofyour
apartment. Upon request, we'll provide, as required by
law, a smoke alarm capable of alerting a person with a
hearing impairment.
You must pay for and replace batteries as needed,
unless the law provides otherwise. We may replace dead
or missing batteries at your expense, without prior notice
to you. Neither you nor your guests or occupants may
disable alarms or detectors. Ifyou damage or disable the
smoke alarm orremove a battery without replacing it
with a working battery, you may be liable to us under
Texas Property Code sec. 92.2611 for $ 700 plus one
month's Rent actual damages, and attorney's fees.
18.2. Duty to Report. You must immediately report to us any
missing, malfunctioning or defective security devices,
smoke alarms or detectors. You'll be liable if you fail to
report malfunctions, orfail to report any loss, damage, or
fines resulting from fire, smoke, or water.
19. Resident Safety and Loss. Unless otherwise required bylaw, none
of us, our employees, agents, or management companies are liable
to you, your guests or occupants for any damage, personal injury,
loss to personal property, or loss of business or personal income,
from any cause, including but not limited to: negligent or intention-
al acts ofresidents, occupants, or guests; theft, burglary, assault
vandalism or oth er crimes; fire, flood, water leaks, rain, hail, ice,
snow, smoke, lightning, wind, explosions, interruption ofutilities,
pipe leaks or other occurrences unless such damage, injury orloss is
caused exclusively by our negligence.
We do not warrantsecurity of any kind. You agree that you wil I not
rely upon any security measures taken by us for personal security,
and that you will call 911 and local law enforcement authorities if any
security needs arise.
You acknowledge that we are not equipped or trained to provide
personal security services to you, your guests or occupants. You rec-
ognize that we are not required to provide any private security ser-
vices and that no security devices or measures on the property are
fail-safe. You further acknowledge that, even if an alarm or gate ame-
nities are provided, they are mechanical devices that can malfunc-
tion. Any charges resulting from the use of an intrusion alarm will be
charged to you, including, but not limited to, any false alarms with
police/fire/ambulance response or other required city charges.
20. Condition ofthe Premises and Alterations.
20.1.
17. Assignments and Subletting. You may not assign this Lease or sub-
let your apartment. You agree that you won't rent, offer to rent or
license all or any part ofyour apartment to anyone else unless other-
wise agreed to in advance by us in writing. You agree that you won't
accept anything ofvalue from anyone else for the use of any part of
your apartment. You agree not to list any part ofyour apartment on
any lodging or short-term rental website or with any person or ser- 20.2.
vice that advertises dwellings for rent.
18. Security and Safety Devices. We'll oav for missing security de-
vices that are required by law. You'll oavfor: (A) rekevina that
you rea uest (unless we failed to rekev after the previous resi-
dent moved out): and (8) repairs or reolacements because of
misuse or damaae by you or vour family, vour occupants, or vour
guests. You must pay immediately after the work is done unless state
law authorizes advance payment. You must also pay in advance for
any additional or changed security devices you request.
As -Is. We disclaim all implied warranties. You accept the
apartment, fixtures, and furniture as is, except for
conditions materially affecting the health or safety of
ordinary persons. You'll be given an Inventory and
Condition Form at or before move -in. You agree that
after completion ofthe form or within 48 hours after
move -in, whichever comes first, you must note on the
form all defects or damage, sign the form, return it to
us, and the form accurately reflects the condition ofthe
premises for purposes of determining any refund due to
you when you move out. Otherwise, everything will be
considered to be in a clean, safe, and good working
condition. You must still send a separate request for any
repairs needed as provided by Par.15.1.
Standards and Improvements. Unless authorized by
law or by us in writing, you must not perform any repairs,
painting, wallpapering, carpeting, electrical changes, or
otherwise alter our property. No holes or stickers are
allowed inside or outside the apartment. Unless our
Community Policies state otherwise, we'll permit a
reasonable number of small nail holes for hanging
pictures on sheetrock walls and in grooves ofwood-
paneled walls. No water furniture, washing machines,
dryers, extra phone or television outlets, alarm systems,
Apartment Lease Contract 02022, Texas Apartment Association, Inc.
Iyl Blue Moon eSignature Services Document ID: 392777938 ,
Page 4 of6
cameras, video or other doorbells, or Iocx changes,
additions, or rekeying is permitted unless required by law
or we've consented in writing. You may install a satellite
dish or antenna, but only if you sign our satellite -dish or
antenna lease addendum, which complies with reasonable
restrictions allowed by federal law. You must not alter,
damage, or remove our property, including alarm systems,
detection devices, appliances, furniture, telephone and
television wiring, screens, locks, or security devices. When you
move in, we'll supply light bulbs for fixtures we furnish,
including exterior fixtures operated from inside the
apartment; afterthat, you'll replace them at your expense
with bulbs ofthe same type and wattage. Your improvements
to the apartment (made with or without our consent) become
ours unless we agree otherwise in writing.
21. Notices. Written notice to or from our employees, agents, or
management companies constitutes notice to or from us. Notices to
you or any other resident ofthe apartment constitute notice to all
residents. Notices and requests from any resident constitute notice
from all residents. Only residents can give notice of Lease termination
and intentto move out under Par. 7.3. All notices and documents will
be in English and, at our option, in any other language thatyou read
orspeak.
21.1. Electronic Notice. Notice may be given electronically by
us to you if allowed by law. If allowed by law and in
accordance with our Community Policies, electronic
notice from you to us must be sent to the email address
and/or portal specified in Community Policies. Notice
may also be given by phone call or to a physical address
ifallowed in our Community Policies.
You represent that you have provided your current email
address to us, and that you will notify us in the event your
email address changes.
....
22. Liability. Each resident is jointly and severally liable for all Lease
obligations. If you or any guest or occupant violates the Lease or our
Community Policies, all residents are considered to have violated the
Lease.
22.1. Indemnification byYou.You1/defend indemnifyondhold us
and ouremployees,agents, andmanagementcompany
harmless from all liability arising from your conduct or
requests to our representatives and from the conduct of or
requests by yourinvftees, occupants or guests.
23. Default by Resident.
23.1. Acts of Default. You'll be in default if: (A) you don't
timely pay Rent, including monthly recurring charges, or
other amounts you owe, (B) you or any guest or
occupant violates this Lease, our Community Policies,
or fire, safety, health, criminal or other laws, regardless of
whether or where arrest or conviction occurs, (C) you
give incorrect, incomplete, or false answers in a rental
application or in this Lease; or (D) you or any occupant is
charged, detained, convicted, or given deferred
adjudication or pretrial diversion for (1) an offense
involving actual or potential physical harm to a person, or
involving the manufacture or delivery of a controlled
substance, marijuana, or drug paraphernalia as defined
in the Texas Controlled Substances Act, or (2) any sex -
related crime, including a misdemeanor.
23.2. Eviction. lfyoudefault, including holding over, we may
end your right of occupancy by giving you atleast a 24-
hour written notice to vacate. Termination of your possession
rights doesn't release you from liability for future Rent or
other Lease obligations. Aftergiving notice to vacate or
filing an eviction suit we maystill accept Rent or other
sums due, the filing or acceptance doesn't waive or
diminish a ur right of eviction or any other contractual or
statutory right. Accepting money at any time doesn't waive
our right to damages, to past or future Rent or other sums,
or to our continuing with eviction proceedings. In an eviction,
Rent is owed forthe full rental period and will not be
prorated.
23.3. Acceleration. Unless we elect not to accelerate Rent, all
monthly Rent for the rest of the Lease term or renewal
period will be accelerated automatically without notice
or demand (before or after acceleration) and will be
immediately due if, without our written consent: (A) you
move out, remove property in preparing to move out,
or you or any occupant gives oral or written notice of
intent to move out before the Lease term or renewal
period ends; and (B) you haven't paid all Rent for the
entire Lease term or renewal period. Remaining Rent will
also be accelerated if you're judicially evicted or move
out when we demand because you've defaulted.
Ifyou don't pay-.efirst month's Rent when or before the Lease
begins, all future Rentforthe Lease term will be automatically
accelerated without notice and become immediately due. We
also may end your right ofoccupancy and recover damages,
future Rent, attorney's fees, court costs, and other lawful charges.
23.4. Holdover. You and all occupants must vacate and surrender
the apartment by or before the date contained in: (1) your
move -out notice (2) our notice to vacate, (3) our notice of
non -renewal, or (4) a written agreement specifying a different
move -out date. If a holdover occurs, then you'll be liable to us
for all Rent for the full term ofthe previously signed lease of a
new resident who can't occupy because ofthe holdover, and
at our option, we may extend the Lease term and/or increase
the Rent by 25% by delivering written notice to you or your
apartment while you continue to hold over.
23.5. Other Remedies. We may report unpaid amounts to
credit agencies as allowed by law. Ifwe or our debt
collector tries to collect any money you owe us, you
agree that we or the debt collector may contact you by
any legal means. If you default, you will pay us, in addition
to other sums due, any rental discounts or concessions
agreed to in writing that have been applied to your account.
We may recover attorney's fees in connection with enforcing
our rights under this Lease. All unpaid amounts you owe bear
interest at the rate provided by Texas Finance Code Section
304.003(c) from the due date. You must pay all collection -
agency fees if you fail to pay sums due within 10 days after
you are mailed a letter demanding payment and stating that
collection -agency fees will be added if you don't pay all sums
by that deadline. You are also liable for a charge (not to
exceed $150) to cover our time, cost and expense for any
eviction proceeding against you, plus our attorney's fees and
expenses, court costs, and filing fees actually paid.
24. Representatives' Authority and Waivers. Ourrepresentatives (in-
cludingmanagement personnel, employees, and agents) have no
authorityto waive, amend, orterminate this Lease oranypartofit
unlessin writing and signed, and no authority to makepromises, rep-
resentations, oragreements that impose security duties orotherob-
ligations on us orourrepresentatives, unlessin writing and signed.
No action or omission by us will be considered a waiver of ourrights or of
any subsequent violation, default, or time or place of performance. Our
choice to enforce, not enforce or delay enforcementofwritten-no-
tice requirements, rental due dates, acceleration, liens, or any other
rights isn't o waiver under any circumstances. Delay in demanding
sums you owe is not a waiver. Except when notice or demand is required
by law, you waive any notice and demand for performance from us if you
default Nothing in this Lease constitutes a waiver of our remedies fora
breach under your prior lease that occurred before the Lease term begins.
Your Lease is subordinate to existing and future recorded mortgages, un-
less the owner's lender chooses otherwise.
All remedies are cumulative. Exercising one remedy won't constitute
an election or waiver of other remedies. All provisions regarding our
non] iability or nonduty apply to our employees, agents, and manage-
ment companies. No employee, agent, or management company is
personally liable for any of our contractual, statutory, or other obliga-
tions merely by virtue of acting on our behalf.
#.4
25. Move -Out Notice. Before moving out, you must give our represen-
tative advance written move -out notice asstatedin Par.4, even if
the Lease has become a month -to -month lease. The move -out date
can't be changed unless we and you both agree in writing.
Yourmove-out notice must comply with each ofthe following:
(a) Unless we require more than 30 days' notice, if you give
notice on the first day ofthe month you intend to move
out, move outwill be on the last day ofthat month.
(b) Your move -out notice must notterminate the Lease
before the end ofthe Lease term or renewal period.
(c) Ifwe require you to give us more than 30 days' written
notice to move out before the end ofthe Lease term, we
will give you 1 written reminder not less than 5 days nor
more than 90 days before your deadline for giving us
your written move -out notice. Ifwe fail to give a reminder
notice, 30 days' written notice to move out is required.
(d) You must get from us a written acknowledgment ofyour
notice.
26. Move -Out Procedures.
26.1. Cleaning. You must thoroughly clean the apartment, including
doors, windows, furniture, bathrooms, kitchen appliances,
patios, balconies, garages, carports, and storage rooms. You
mustfollow move -out cleaning instructions ifthey have been
provided. Ifyou don't clean adequately, you'll be liable for
reasonable cleaning charges —including charges for cleaning
carpets, draperies, furniture, walls, etc. that are soiled beyond
normal wear (that is, wear or soiling that occurs without
negligence, carelessness, accident, or abuse).
Apartment Lease Contract 02022, Texas Apartment Association, Inc.
IV I Blue Moon e5ignature Services Document ID: 392777938
Page 5 of 6
26.2. _ Move -Out Inspection. We may, but are not obligated to,
provide a joint move -out inspection. Our representatives
have no authority to bind or limit us regarding deductions for
repairs, damages, or charges. Any statements or estimates by
us or our representative are subject to our correction, modi-
fication, or disapproval before final accounting or refunding.
27. Surrender and Abandonment. You have surrendered the apartment
when: (A) the move -out date has passed and no one is living in the
apartment in our reasonable judgment; or (B) apartment keys and ac-
cess devices listed in Par. 2.1 have been turned in to us —whichever
happens first.
You have abandoned the apartment when all of the following have
occurred: (A) everyone appears to have moved out in our reasonable
judgment, (B) you've been in default for nonpayment of Rent for 5
consecutive days, orwater, gas, or electric service for the apartment
not connected in our name has been terminated or transferred; and
(C) 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 aban-
doned. An apartment is also considered abandoned 10 days after the
death of a sole resident.
27.1. The Ending of Your Rights. Surrender, abandonment, or
judicial eviction ends your right of possession for all purposes
and gives us the immediate right to clean up, make repairs in,
and relet the apartment, determine any security -deposit
deductions; and remove or store property left in the apartment.
27.2. Removal and Storage of Property. We, or law officers, may —
but have no duty to —remove or store all property that in our
solejudgment belongs to you and remains in the apartment
or in common areas (including any vehicles you or any
occupant or guest owns or uses) after you're judicially evicted
or if you surrender or abandon the apartment.
We'renotliable for casualty, loss, damage, or theft. You
must pay reasonable charges for our packing, removing and
storing any property.
Except for animals, we may throw away or give to a charitable
organization all personal property that is:
(1) left in the apartment after surrender or abandonment; or
(2) left outside more than hour after writ of possession is
executed, following judicial eviction.
An animal removed after surrender, abandonment, or eviction
may be kenneled or turned over to a local authority, humane
society, or rescue organization.
4MVISIO'�."WAVE
28. TAA Membership. We, the management company representing us,
or any locator service that you used confirms membership in good
standing of both the Texas Apartment Association and the affiliated
local apartment association for the area where the apartment is
located atthe time of signing this Lease. If not, the following applies:
(A) this Lease is voidable at your option and is unenforceable by us
(exceptfor property damages); and (B) we may not recover past or
future rent or other charges. The above remedies also apply if both
of the following occur. (1) the Lease is automatically renewed on a
month -to -month basis more than once after membership in TAA and
the local association has lapsed; and (2) neither the owner nor the man-
agement company is a member ofTAA and the local association during
the third automatic renewal. A signed affidavit from the affiliated local
apartment association attesting to nonmembership when the Lease
or renewal was signed will be conclusive evidence of nonmembership.
Governmental entities may use TAA forms if TAA agrees in writing.
Name, address and telephone number of locator service (if applicable):
29. Severabi lity and survivability. If any provision of this Lease is invalid
or unenforceable under applicable law, it won't invalidate the remain-
der of the Lease or change the intent of the parties. Paragraphs 10.1,
10.2,16, 27 and 31 shall survive the termination ofthis Lease.
This Lease binds subsequent owners.
30. Controlling Law. Texas law governs this Lease. All litigation arising
under this Lease and all Lease obligations must be brought in the
county, and precinct if applicable, where the apartment is located.
31. Waivers. By signing this Lease, you agree to the following:
YOU UNDEn..AND THAT. WITHOUT THIS WAIVER. YOU
COULD BE A PARTY IN A CLASS ACTION LAWSUIT. BY
SIGNING THIS LEASE. YOU ACCEPTTHIS WAIVER AND
CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY.,
THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE
THE TERMINATION OR EXPIRATION OF THIS LEASE.
31.2. Force Majeure. If we are prevented from completing substan-
tial performance of any obligation under this Lease by
occurrences that are beyond our control, including but
not limited to, an act of God, strikes, epidemics, war, acts of
terrorism, riots, flood, fire, hurricane, tomado, sabotage or
governmental regulation, then we shall be excused from any
further performance of obligations to the fullest extent
allowed bylaw.
32. Special Provisions. The following, or attached Special Provisions and
any addenda or Community Policies provided to you, are part ofthis
Lease and supersede any conflicting provisions in this Lease.
PRO IN $252.68 + ADMIN $30 + SECURITY
DEPOSIT $300 = $582.68 TOTAL MOVE IN
COSTS. No cash or partial payments are
accepted. No checks after the 3rd.
Before submitting a rental application or signing this Lease, you
should review the documents and may consult an attorney. You are
bound by this Lease when it is signed. An electronic signature is
binding. This Lease is the entire agreement between you
and us. You are NOT relying on any oral representations.
Resident or Residents (all sign below)
. 08/21 /2023
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
Owner or Owner's Representative (signing on behalf of owner)
31.1. Class Action Waiver. You agree that you will not participate �tfpa
in any class action claims against us or our employees, agents,
or management company. You must file any claim against us
individually, and you expressly waive your right to bring,
represent join or otherwise maintain a class action,
collective action or similar proceeding against us in
anyforum.
Apartment Lease Contract, TAA Official Statewide Form 22-A113-1/13-2 Revised July 2022
JVf Blue Moon eSignature Services Document ID: 392777938 1
Page 6 of 6
�+' � Lease is valid onlyiffilled ouf beforerary ),
**�Y%�,�"_,�
Lease Contract Apartment
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I f �.14;;P.tlrf.fl;;'I �Sscfr:(;'<•rlt;�>` p
This is a binding contract. Read carefully before signing.
This Lease Contract ("Lease") is between you, the resident(s) as listed below and us. The terms "you" a�n',Hipyld—ur-i-.-riFloLaooents.
The terms "we," "us," and "our" refer to the owner listed below.
PARTIES
Residents Sandra
DETAILS
A. Apartment (Par. 2)
Street
at 11:59 p.m. on: 12/31/2025
F. Notice of Termination or Intent to Move Out (Par.4)
A minimum of 30 days' written notice of
termination or intent to move out required at end of initial Lease
term or during renewal period
Note that this amountdoes not
include any Animal Deposit, which If the number of days isn't filled in, notice of at least 30 days
would berefiectedinanAnimal is required.
Addendum.
E. Security Deposit (Par.5)
$ 300.00
G. Late Fees (Par.3.3)
Initial Late Fee
® 10 % of one month's monthly base rent or
❑$
Due if rent unpaid by 11:59 p.m. on the 3rd
Daily Late Fee
❑ %,of one month's monthly base rent for days or
❑ $ for days
(3rd or greater) day ofthe month
H. Returned Check or Rejected J. Early Termination Fee Option (Par.7.2)
Payment Fee (Par.3.4)
$ 1167.00
_ $ 40.00
Notice of 30 days is required.
You are noteligible for early termination if
1. Reletting Charge (Par. 7.1)
you are in default.
A relettin charge of $ 999 . 60
g g
Fee must be paid no later than 30
days after you give us notice
(notto exceed85% ofthehighest
Ifanyvalues ornumberofdays are blankor"o,"
monthly Rent during the Lease term)
then thissection doesnotappJy.
may be charged in certain default
situations
K. Violation Charges
Animal Violation (Par.12.2)
Initial charge of $ 100 . 00 per animal (not
to exceed $100 per animal) and
Adailychargeof$ 10.00 peranimal
(not to exceed $10 per day per animal)
Insurance Violation (Master Lease Addendum
or other separate addendum)
$ 20.00
L. Additional Rent- Monthly Recurring Fixed Charges. You will pay separately for these items as outlined below and/or in separate -addenda,
Special Provisions or an amendment to this Lease.
Animal rent $ Cable/satellite $ Internet $
Package service $ Pest control $ 2.00 Stormwater/drainage $
Trash service $ Washer/Dryer $
Other: Trash Fee $ 7.00
Other: $
Other: $
Other: $
M. Utilities and Other Variable Charges. You will pay separately for gas, water, wastewater, electricity, trash/recycling, utility billing fees and other
items as outlined in separate addenda, Special Provisions or an amendment to this Lease.
Utility Connection Charge or Transfer Fee: $ 50.00 (not to exceed $50) to be paid within 5 days of written notice (Par. 3.5)
N.Other Charges and Requirements. You will pay separately for these items or comply with these requirements as outlined in a Master Lease
Addendum, separate addenda or Special Provisions. Initial Access Device: $
Additional or Replacement Access Devices: $ Required Insurance Liability Limit (per occurrence): $ 100000 - 00
Special Provisions. See Par. 32 or additional addenda attached. This Lease cannot be changed unless in writing and signed by you and us.
■
Apartment Lease Contract 02023, Texas Apartment Association, Inc. Page t of 6
lv l'blue Moon e5ignature Services Document ID: 455546798 1
7 LEASE TERMS . CONi
1. Definitions. The following terms are commonly used in this Lease:
1.1. "Residents" are those listed in "Residents" above who sign
this Lease and are authorized to live in the apartment.
1.2. "Occupants" are those listed in this Lease who are also autho-
rized to live in the apartment, butwho do notsign this Lease.
1.3. "Owner" may be identified by an assumed name and is the
owner only and not property managers or anyone else.
1.4. "Including" in this Lease means "including but not limited to."
1.5. "Community Policies" are the written apartment rules and
policies, including property signage and instructions for
care of our property and amenities, with which you, your
occupants, and your guests must comply.
1.6. "Rent" is monthly base rent plus additional monthly
recurring fixed charges.
1.7. "Lease" includes this document, any addenda and
attachments, Community Policies and Special Provisions.
2. Apartment. You are leasing the apartment listed above for use as a
private residence only.
2.1. Access. In accordance with this Lease, you'll receive access
information or devices foryour apartment and mailbox, and
other access devices including: _ _ _ _ _ _ _ _ _ _
2.2. Measurements. Any dimensions and sizes provided to you
relating to the apartment are only approximations or
estimates; actual dimensions and sizes may vary.
2.3. Representations. You agree that designations or accredi-
tations associated with the property are subject to change.
3. Rent. YoumustpayyourRenton orbefore the 1stdayofeach
month (due date) withoutdemand. There are no exceptions
regarding the payment o fRent, and you agree notpaying Renton
orbefore the 1sto feach month is a material breach o fthis Lease.
3.1. Payments. You will pay your Rent by any method, manner
and place we specify in accordance with this Lease.
Cash is notacceptable without ourprior written
permission. You cannot withhold oroffset Rent unless
authorized byJaw. We may, at our option, require at any
time thatyou pay Rent and othersums due in one single
payment by any method we specify.
3.2. Application of Payments. Payment of each sum due is an
independent covenant, which means payments are due
regardless of our performance. When we receive money,
otherthan water and wastewater payments subjectto
government regulation, we may apply it at our option and
without notice first to any ofyour unpaid obligations, then
to accrued rent. We may do so regardless of notations on
checks or money orders and regardless of when the
obligations arose. All sums other than Rent and late fees are
due upon our demand. Afterthe due date, we do not have
to accept any payments.
3.3. Late Fees. Ifwe don't receive your monthly base rent in full
when it's due, you must pay latefees as outlined in Lease Details.
3.4. Returned Payment Fee. You'll pay the fee listed in Lease
Details for each returned check or rejected electronic
payment, plus initial and daily late fees ifapplicable, until
we receivefull payment in an acceptable method.
3.5. Utilities and Services. You'll payfor al utilities and services,
related deposits, and any charges orfees when they are due
and as outlined in this Lease. Television channels that are
provided may be changed during the Lease term ifthe
change applies to all residents.
Ifyour electricity is interrupted, you must use only battery -
operated lighting (no flames). You must not allow any
utilities (other than cable or Internet) to be cut off or
switched for any reason -including disconnection for not
paying your bills -until the Lease term or renewal period
ends. If a utility is individually metered, it must be connected
in your name and you must notify the provider ofyour move -
out date. Ifyou delay getting service turned on in your name
by this Lease's start date or cause it to be transferred back into
our name before you surrender or abandon the apartment,
you'll be liable for the charge listed above (not to exceed $50
per billing period), plus the actual or estimated cost ofthe
utilities used while the utility should have been billed to you.
Ifyour apartment is individually metered and you change
your retail electric provider, you must give us written notice.
You must payall applicable providerfees, including anyfees
to change service back into our name after you move out.
3.6. Lease Changes. Lease changes are only allowed during the
Lease term or renewal period if governed by Par. 1q specified
in Special Provisions in Par. 32, or by awritten addendum or
amendment signed by you and us. At or aferthe end ofthe
initial Lease term, Rent increases will become effective with at
least 5 days plus the number of days' advance notice contained
in Box Fon page 1 in writing from us to you. Your new Lease,
which may include increased Rent or Lease changes, will begin
on the date stated in any advance notice we provide (without
needing your signature) unless you give us written move -out
notice under Par. 25, which applies only to the end ofthe current
Lease term or renewal period.
Apartment Lease Contract 02023, Texas Apartment Association, Inc
4. Automatic Lease Renewal and Notice of Termination. This Lease
will automatically renew month -to -month unless either party gives
written notice of termination or intent to move out as required by Par.
25 and specified on page 1. /fthe number o fdays isn't fflled in, no-
tice o f a tleast 30 days is required.
5. Security Deposit. The total security depositfor all residents is due
on or before the date this Lease is signed. Any animal deposit will be
designated in an animal addendum. Security deposits may not be ap-
plied to Rent without our prior written consent.
5.1. Refunds and Deductions. You mustaive us vour advance
notice of move out as provided by Par. 25 and forwarding
address in writinato receive awritten description and
itemized list of charaes or refund. In accordance with this
Lease andas allowed bylaw, we may deduct from your
security deposit any amounts due under this Lease. l fyou
move outearlvorin response to a notice to vacate, vou'll be
liable forrekevino charaes. Upon receipt ofyour move -out
date and forwarding address in writing, the security deposit
will be returned (less lawful deductions) with an itemized
accounting ofany deductions, no laterthan 30 days after
surrender or abandonment, unless laws provide otherwise.
Any refund may be by one paymentjointly payable to all
residents and distributed to anyone residentwe choose,
or distributed equally among all residents.
6. Insurance. Ourinsurance doesn't cover the Joss o for damage to
yourpersonalproperty. You will be required to have liability insur-
ance as specified in this Lease unless otherwise prohibited by law. If
you have insurance covering the apartment oryour personal belong-
ings at the time you or we suffer or allege a loss, you agree to require
your insurance carrierto waive any insurance subrogation rights.
Even if not required, we urge you to obtain your own insurance for
losses dueto theft, fire,flood, water, pipe leaks and similar occurrenc-
es. Most renter's insurance policies don't cover losses due to aflood.
7. Reletting and Early Lease Termination. This Lease may not be ter-
minated early except as provided in this Lease.
7.1. Reletting Charge. You'll be liable for a reletting charge as
listed in Lease Details, (not to exceed 85% ofthe highest
monthly Rent during the Leaseterm) ifyou: (A)fail to move in,
orfail to give written move -out notice as required in Par. 25;
(B) move outwithout paying Rent in full forthe entire Lease
term or renewal period; (C) move out at our demand because
ofyourdefault; or (D) arejudicially evicted. The reletting
charge is not atermination, cancellation or buyout fee and
does not release you from your obligations underthis Lease,
including liability forfuture or past -due Rent, chargesfor
damages or other sums due.
The reletting charge is a liquidated amount covering only
part ofour damages -for ourtime, effort, and expense in
finding and processing a replacement resident. These
damages are uncertain and hard to ascertain -particularly
those relating to inconvenience, paperwork, advertising,
showing apartments, utilities for showing, checking pros-
pects, overhead, marketing costs, and locator -service fees.
You agree thatthe reletting charge is a reasonable estimate
of our damages and that the charge is due whether or not our
reletting attempts succeed.
7.2. Early Lease Termination Option Procedure. In addition to
your termination rights referred to in 7.3 or al below, ifthis
provision applies under Lease Details, you may opt to
terminate this Lease prior to the end ofthe Lease term ifall of
the following occur. (a) as outlined in Lease Details, you give
us written notice of early termination, pay the EadyTermina-
tion Option fee in full and specify the date.by which you'll
move out; (b) you are not in default at anytime and do not
hold over; and (c) you repay all rent concessions, credits or
discounts you received during the Lease term. Ifyou are in
default, the Lease remedies apply.
7.3. Special Termination Rights. Youmayhave therightunder
TexasJawto terminate this Lease earlyin certain situations
involving military deployment or transfer, family violence,
certain sexual offenses, stalking or death o fa sole resident.
8. Delay of Occupancy. We are not responsible for any delay ofyour
occupancy caused by construction, repairs, cleaning, or a previous
resident's holding over. This Leasewill remain in force subjectto
(1) abatement of Rent on a daily basis during delay, and (2) your right
to terminate this Lease in writing as setforth below. Rent abatement
and Lease termination do not apply ifthe delay's for cleaning or re-
pairs that don't prevent you from moving into the apartment.
8.1. Termination. Ifwe give written notice to you of a delay in
occupancy when or after this Lease begins, you maytermi-
nate this Lease with in 3 days afteryou receive written notice.
Ifwe give you written notice before the date this Lease begins
and the notice states that a construction or other delay's
expected and that the apartment will be readyforyou to
occupy on a specific date, you may terminate this Lease within
7 days after receiving written notice.
After proper termination, you are entitled only to refund of
anydeposit(s) and any Rentyou paid.
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