SHARED RESIDENTIAL LEASE TEMPLATE
SHARED RESIDENTIAL LEASE TEMPLATE
Tenant(s):
.
Address:
legally described as:
The real property and the non-real-property are collectively called the “Property”.
3. TERM:
A. Primary Term: The primary term of this lease begins and ends as follows:
B. Delay of Occupancy: Tenant must occupy the Property within 5 days after the Commencement Date. If
Tenant is unable to occupy the Property by the 5th day after the Commencement Date because of
construction on the Property or a prior tenant’s holding over of the Property, Tenant may terminate this
lease by giving written notice to Landlord before the Property becomes available to be occupied by
Tenant, and Landlord will refund to Tenant the security deposit and any rent paid. Landlord will abate
rent on a daily basis for a delay caused by construction or a prior tenant’s holding over. This paragraph
does not apply to any delay in occupancy caused by cleaning, repairs, or make-ready items.
4. AUTOMATIC RENEWAL AND NOTICE OF TERMINATION: This lease automatically renews on a month-
to-month basis unless Landlord or Tenant provides the other party written notice of termination as provided
in Paragraph 4A. Oral notice of termination is not sufficient under any circumstances. Time is of the
essence for providing notice of termination (strict compliance with dates by which notice must be provided
is required). The date on which rent is due does not apply to the requirement for providing written notice of
termination. Paragraph 4B applies only if the lease renews on a month-to-month basis. If a box is not
checked under Paragraph 4A, Paragraph 4A(1) will apply. If a box is not checked under Paragraph 4B,
Paragraph 4B(1) will apply.
A. This lease automatically renews on a month-to-month basis unless Landlord or Tenant provides the
other party written notice of termination not less than: (Check only one box.)
(1)30 days before the Expiration Date.
(2) days before the Expiration Date. If Landlord or Tenant fails to provide the other
party timely written notice of termination as required by paragraph 4A, the lease automatically renews
on a month-to-month basis. The Landlord or Tenant then must provide a subsequent written notice of
termination as required by paragraph 4B.
B. If this lease automatically renews on a month-to-month basis, it will continue to renew on a month-to-
month basis until either party provides written notice of termination to the other party and the notice of
termination will be effective: (Check only one box.)
5. RENT:
A. Monthly Rent: The monthly rent is $500 . Tenant will pay the monthly rent so that Landlord
receives the monthly rent on or before (check only one box):
(1)the first day of each month during this lease.
(2) .
Weekends, holidays, and mail delays do not excuse Tenant’s obligation to timely pay rent.
Tenant will pay the first month's rent made payable to the Landlord.
The first month's rent is due and payable not later than 01/01/2024 by (select oneor more):
cashier’s check electronic payment money order or other means acceptable to Landlord.
B. Place of Payment: Unless this lease provides otherwise, Tenant will remit all amounts due to Landlord
under this lease to the following person or entity at the place stated and make all payments payable to
the named person or entity. Landlord may later designate, in writing, another person or place to which
Tenant must remit amounts due under this lease.
Name: LANDLORD NAME
Address:
Notice: Place the Property address and Tenant’s name on all payments.
A. If Landlord does not actually receive a rent payment in the full amount at the designated place of payment
by the 3rd day of each month at 11:59pm, Tenant will pay Landlord for each late payment:
(1) an initial late charge equal to (check one box only): (a) $75.00 ; or (b) % of one
month’s rent; and
(2) additional late charges of $35.00 per day thereafter until rent and late charges are paid in full.
Additional late charges for any one payment may not exceed more than 30 days.
B. For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt for
Landlord (the postmark date is not the date Landlord receives the payment). The parties agree that the
late charge is reasonable based on uncertain damages to the Landlord related to the late payment of
rent, including direct or indirect expenses, direct or indirect costs, or overhead associated with the
collection of late payment. Landlord’s acceptance of a late charge does not waive Landlord’s right to
exercise remedies under Paragraph 27.
7. RETURNED PAYMENT: Tenant will pay Landlord $75.00 for each payment Tenant tenders to Landlord
which is returned or not honored by the institution on which it is drawn for any reason, plus any late charges
until Landlord receives payment. Tenant must make any returned payment good by paying such amount(s)
plus any associated charges in certified funds.
8. APPLICATION OF FUNDS: Regardless of any notation on a payment, Landlord may apply funds received
from Tenant first to any non-rent obligations of Tenant, including but not limited to, late charges, returned
payment charges, repairs, brokerage fees, periodic utilities, animal charges, and then to rent.
9. ANIMALS:
A. Unless the parties agree otherwise in writing, Tenant may not permit, even temporarily, any animal on
the Property (including but not limited to any mammal, reptile, bird, fish, rodent, or insect). An
assistance animal is not considered a pet but is still required to be reported to the Landlord with
accompanying documentation as required by the Department of Housing and Community Affairs.
B. If Tenant violates this Paragraph 9 or any agreement to keep an animal on the Property, Landlord may
take all or any of the following action:
(1) declare Tenant to be in default of this lease and exercise Landlord’s remedies under Paragraph 27;
(2) chart Tentant, as additional rent, an additional amount of $350.00 and $35.00 per day thereafter per
animal for each day Tenant violates the animal restrictions;
(3) remove or cause to be removed any unauthorized animal and deliver it to appropriate local authorities
by providing at least 24-hour written notice to Tenant of Landlord’s intention to remove the
unauthorized animal; and
(4) charge to Tenant the Landlord’s cost to:
(a) remove any unauthorized animal;
(b) exterminate the Property for fleas and other insects;
(c) clean and deodorize the Property’s carpets and drapes; and
(d) repair any damage to the Property caused by the unauthorized animal.
C. When taking any action under Paragraph 9B Landlord will not be liable for any harm, injury, death, or
sickness to any animal.
10.SECURITY DEPOSIT:
A. Security Deposit: On or before execution of this lease, Tenant will pay a security deposit to Landlord in
the amount of $500 by (select one or more): cashier’s check electronic payment
money order personal check or other means acceptable to Landlord. “Security deposit” has the
meaning assigned to that term in §92.102, Property Code. Any additional deposits Tenant pays to
Landlord, other than the security deposit, will become part of the security deposit.
B. Interest: No interest or income will be paid to Tenant on the security deposit. Landlord may place the
security deposit in an interest-bearing or income-producing account and any interest or income earned
will be paid to Landlord or Landlord’s representative.
D. Deductions:
(1) Landlord may deduct reasonable charges from the security deposit for:
(a) damages to the Property, excluding normal wear and tear, and all reasonable costs associated
to repair the Property;
(b) costs for which Tenant is responsible to clean, deodorize, exterminate, and maintain the Property;
(c) unpaid or accelerated rent;
(d) unpaid late charges;
(e) unpaid pet charges;
(f) replacing unreturned keys, garage door openers, security devices, or other components;
(g) the removal of unauthorized locks or fixtures installed by Tenant;
(h) Landlord’s cost to access the Property if made inaccessible by Tenant;
(i) missing or burned-out light bulbs and fluorescent tubes (at the same location and of the same
type and quality that are in the Property on the Commencement Date);
(j) packing, removing, and storing abandoned property;
(k) removing abandoned or illegally parked vehicles;
(l) costs of reletting (as defined in Paragraph 27), if Tenant is in default;
(m)attorney’s fees, costs of court, costs of service, and other reasonable costs incurred in any legal
proceeding against Tenant;
(n) mailing costs associated with sending notices to Tenant for any violations of this lease;
(o)any other unpaid charges or fees or other items for which Tenant is responsible under this lease;
(p) cost to restore walls, flooring, landscaping or any alteration to the Property not approved in
writing by Landlord;
(q) damages to the Property caused by smoking, including but not limited to stains, burns, odors,
and removal of debris; and
(r) costs to rekey certain security devices, as provided in Paragraph 19.
(2) If deductions exceed the security deposit, Tenant will pay to Landlord the excess within 10 days
after Landlord makes written demand.
11.UTILITIES:
A. Landlord will pay all connection fees, service fees, usage fees, and all other costs and fees for all
utilities to the Property (for example, electricity, gas, water, wastewater, garbage, telephone, alarm
monitoring systems, cable, and Internet connections)
Notice: Before signing this lease, Tenant should determine if all necessary utilities are available
to the Property and are adequate for Tenant’s use.
A. Occupants: Tenant may use the Property as a private residence only. The only persons Tenant may
permit to reside on the Property during the term of this lease are (include names and ages of all
occupants):
B. Phone Numbers and E-mail: Tenant must promptly inform Landlord of any changes in Tenant's phone
numbers (home, work, and mobile) and e-mail not later than 5 days after a change.
C. Prohibitions: Unless otherwise authorized by this lease, Tenant may not install or permit any of the
following on the Property, even temporarily: a spa, hot tub, above-ground pool, trampoline, or any item
which causes a suspension or cancellation of insurance coverage or an increase in insurance
premiums. Tenant may not permit any part of the Property to be used for: (1) any activity which is a
nuisance, offensive, noisy, or dangerous; (2) the repair of any vehicle; (3) any business of any type,
including but not limited to child care; (4) any activity which violates any zoning ordinance, owners’
association rule, or restrictive covenant; (5) any illegal or unlawful activity, including but not limited to,
the planting, growth, consumption, or distribution of cannabis plants or products; or (6) activity that
obstructs, interferes with, or infringes on the rights of other persons near the Property. Tenant may not
list any part of the Property on any lodging or short-term rental website or with any person or service
that advertises Properties for rent.
D. Guests: Tenant may not permit any guest to stay on the Property longer the amount of time permitted by
any owners’ association rule or restrictive covenant or 15 consecutive days without
Landlord's written permission, whichever is less. No guests are permitted to stay on the Property more
than twice the number of days in the space above in any 30-day period. If the above space is not filled
in, two (2) days total per month will apply.
E. Common Areas: Landlord is not obligated to pay any non-mandatory or user fees for Tenant’s use of
any common areas or facilities (for example, pool or tennis courts).
13.PARKING RULES: Tenant may not permit more than 3 vehicles, including but not limited to
automobiles, trucks, recreational vehicles, trailers, motorcycles, all-terrain vehicles, jet skis, and boats, on
the Property unless authorized by Landlord in writing. Tenant may not park or permit any person to park
any vehicles in the yard. Tenant may permit vehicles to be parked only in drives, garages, designated
common parking areas, or in the street if not prohibited by law or an owners’ association. Tenant may not
store or permit any person to store any vehicles on or adjacent to the Property or on the street in front of
the Property. In accordance with applicable state and local laws, Landlord may have towed, at Tenant’s
expense: (a) any inoperative vehicle on or adjacent to the Property; (b) any vehicle parked in violation of
this paragraph or any additional parking rules made part of this lease; or (c) any vehicle parked in violation
of any law, local ordinance, or owners’ association rule. Tenant must promptly inform Landlord of any
changes in Tenant's vehicle information (type, year, make, model, and license plate number including state)
not later than 5 days after a change.
14.ACCESS BY LANDLORD:
A. Advertising: Landlord may prominently display a "For Sale" or "For Lease" or similarly worded sign on
the Property during the term of this lease or any renewal period. Landlord or Landlord’s contractor may
take interior or exterior photographs or images of the Property and use the photographs or images in
any advertisements to lease or sell the Property.
B. Access: Before accessing the Property, Landlord or anyone authorized by Landlord will attempt to first
contact Tenant, but may enter the Property at reasonable times without notice to make repairs or to
show
15.MOVE-IN CONDITION:
A. SIGHT UNSEEN NOTICE: Tenant is given the opportunity to inspect the Property prior to signing
the lease. A Tenant who declines to do so and chooses to sign the Lease on the Property sight
unseen does so at their own risk. Tenant accepts the Property “as is” and Landlord is under no
obligation to make any changes upon Tenant viewing the Property. Tenant will be bound to all
provisions of the Lease irrespective of Tenant viewing the Property before signing the Lease.
B. Landlord makes no express or implied warranties as to the Property’s condition. Tenant has inspected
the Property and accepts it AS-IS provided that Landlord:N/A
C. Tenant will complete an Inventory and Condition Form, noting any damages to the Property, and deliver
it to Landlord within 7 days after the Commencement Date. If Tenant fails to timely deliver the
Inventory and Condition Form, the Property will be deemed to be free of damages, unless otherwise
expressed in this lease. The Inventory and Condition Form is not a request for repairs. Tenant must
direct all requests for repairs in compliance with Paragraph 18.
16.MOVE-OUT:
A. Move-Out Condition: When this lease ends, Tenant will surrender the Property in the same condition as
when received, normal wear and tear excepted. Tenant will leave the Property in a clean condition free
of all trash, debris, and any personal property. Tenant may not abandon the Property.
B. Definitions:
(1) “Normal wear and tear” means deterioration that occurs without negligence, carelessness, accident,
or abuse.
(2) “Surrender” occurs when all occupants have vacated the Property, in Landlord’s reasonable
judgment, and one of the following events occurs:
(a) the date Tenant specifies as the move-out or termination date in a written notice to Landlord has
passed; or
(b) Tenant returns keys and access devices that Landlord provided to Tenant under this lease.
(1) If Tenant leaves any personal property in the Property after surrendering or abandoning the
Property Landlord may:
(2) Tenant must reimburse Landlord all Landlord’s reasonable costs under Paragraph 16C(1) for
packing, removing, storing, and selling the personal property left in the Property after surrender or
abandonment.
17.PROPERTY MAINTENANCE:
(1) "Yard" means all lawns, shrubbery, bushes, flowers, gardens, trees, rock or other landscaping, and
other foliage on or encroaching on the Property or on any easement appurtenant to the Property,
and does not include common areas maintained by an owners’ association.
(2) "Maintain the yard” means to perform activities such as, but not limited to: (a) mowing, fertilizing,
and trimming the yard; (b) controlling pests and weeds in the yard; and (c) removing debris from the
yard.
(3) Unless prohibited by ordinance or other law, Tenant will water the yard at reasonable and appropriate
times including but not limited to the following times: leave sprinkler system as is, landlord will indicate if
changes are required.
. Other than watering, the yard will be maintained as follows:
(a) Landlord, at Landlord’s expense, will maintain the yard. Tenant will permit Landlord and
Landlord's contractors reasonable access to the yard and will remove any pet from the yard at
appropriate times.
D. Failure to Maintain: If Tenant fails to comply with this Paragraph 17 or any Pool/Spa Maintenance
Addendum, Landlord may, in addition to exercising Landlord’s remedies under Paragraph 27, perform
whatever action Tenant is obligated to perform and Tenant must immediately reimburse Landlord the
reasonable expenses that Landlord incurs plus any administrative fees assessed by Landlord’s agents
or any other entity as provided by law.
18.REPAIRS: (Notice: Subchapter B, Chapter 92, Property Code governs repair obligations).
A. Repair Requests: All requests for repairs must be in writing and delivered to Landlord. If Tenant
is delinquent in rent at the time a repair notice is given, Landlord is not obligated to make the
repair. In the event of an emergency related to the condition of the Property that materially
affects the physical health or safety of an ordinary tenant, Tenant may call Landlord or, if
applicable, the property manager,
B. NOTICE: If Landlord fails to repair a condition that materially affects the physical health or
safety of an ordinary tenant as required by this lease or the Property Code, Tenant may be
entitled to exercise remedies under §92.056 and §92.0561 of the Property Code. If Tenant follows
the procedures under those sections, the following remedies may be available to
Tenant: (1) terminate the lease and obtain an appropriate refund under §92.056(f); (2) have the
condition repaired or remedied according to §92.0561; (3) deduct from the rent the cost of the
repair or remedy according to §92.0561; and (4) obtain judicial remedies according to §92.0563.
Do not exercise these remedies without consulting an attorney or carefully reviewing the
procedures under the applicable sections. The Property Code presumes that 7 days is a
reasonable period of time for the Landlord to make a diligent effort to repair a condition unless
there are circumstances which establish that a different period of time is appropriate (such as
the severity and nature of the condition and the availability of materials, labor, and utilities).
Failure to strictly follow the procedures in the applicable sections may cause Tenant to be in
default of the lease.
(1) Tenant may not repair or cause to be repaired any condition, regardless of the cause,
without Landlord’s permission. All decisions regarding repairs, including the completion of
any repair, whether to repair or replace the item, and the selection of contractors, will be at
Landlord’s sole discretion.
(2) Landlord is not obligated to complete a repair on a day other than a business day unless
required to do so by the Property Code.
(1) Except as otherwise specified in this lease, Landlord will pay to repair or remedy conditions
in the Property in need of repair if Tenant complies with the procedures for requesting
repairs as described in this Paragraph 18. This includes, but is not limited to, repairs to the
following items not caused by Tenant or Tenant’s negligence:
(a) heating and air conditioning systems;
(b)water heaters; or
(c) water penetration from structural defects.
(2) Landlord will NOT pay to repair the following items unless caused by Landlord’s negligence:
(a) conditions caused by Tenant, an Occupant, or any guest or invitee of Tenant;
(b)damage to doors, windows, and screens;
(c) damage from windows or doors left open;
(d)damage from wastewater stoppages caused by foreign or improper objects in lines that
exclusively serve the Property;
E. Advance Payments and Reimbursements: Landlord may require advance payment of repairs or
payments under this Paragraph 18 for which Tenant is responsible. Tenant must promptly
reimburse Landlord the amounts under this Paragraph 18 for which Tenant is responsible.
A. Subchapter D, Chapter 92, Property Code requires the Property to be equipped with certain types of
locks and security devices, including (with some exceptions): (1) window latches on each window; (2) a
keyed doorknob lock or keyed deadbolt lock on each exterior door; (3) a sliding door pin lock on each
exterior sliding glass door of the dwelling; (4) a sliding door handle latch or a sliding door security bar
on each exterior sliding glass door of the dwelling; and (5) a keyless bolting device and a door viewer
on each exterior door of the dwelling. Landlord has rekeyed the security devices since the last occupant
vacated the Property or will rekey the security devices within 7 days after Tenant moves in. “Security
device" has the meaning assigned to that term in §92.151, Property Code
B. All notices or requests by Tenant for rekeying, changing, installing, repairing, or replacing security
devices must be in writing. Installation of additional security devices or additional rekeying or
replacement of security devices desired by Tenant may be paid by Tenant in advance in accordance
with §92.162(c), Property Code, and may be installed only by contractors authorized by Landlord.
C. If Tenant vacates the Property in breach of this lease, Landlord may deduct from the security deposit
reasonable costs incurred by Landlord to rekey security devices as authorized by §92.156(e), Property
Code,
20.SMOKE ALARMS: Subchapter F, Chapter 92, Property Code requires the Property to be equipped with
smoke alarms in certain locations. Requests for additional installation, inspection, or repair of smoke
alarms must be in writing. Disconnecting or intentionally damaging a smoke alarm or removing a battery
21.LIABILITY: Unless caused by Landlord, Landlord is not responsible to Tenant, Tenant’s guests, family, or
occupants for any damages, injuries, or losses to person or property caused by fire, flood, water leaks, ice,
snow, hail, winds, explosion, smoke, interruption of utilities, theft, burglary, robbery, assault, vandalism,
other persons, condition of the Property, environmental contaminants (for example, carbon monoxide,
asbestos, radon, lead-based paint, mold, fungus, etc.), or other occurrences or casualty losses. Unless
prohibited by law, Tenant will promptly reimburse Landlord for any damages, injuries, or losses to person or
property caused by Tenant, Tenant's guests, any occupants, or any pets or assistance animals, including
cost of repairs or service to the Property.
22.HOLDOVER: If Tenant fails to vacate the Property at the time this lease ends Tenant will pay Landlord rent
for the holdover period and indemnify Landlord and prospective tenants for damages, including but not
limited to lost rent, lodging expenses, costs of eviction, and attorneys' fees. Rent for any holdover period
will be three (3) times the monthly rent, calculated on a daily basis, and will be immediately due and
payable daily without notice or demand.
23.RESIDENTIAL LANDLORD'S LIEN: Landlord will have a lien for unpaid rent against all of Tenant's
nonexempt personal property that is in the Property and may seize such nonexempt property if Tenant fails
to pay rent. Subchapter C, Chapter 54, Property Code governs the rights and obligations of the parties
regarding Landlord's lien. Landlord may collect a charge for packing, removing, or storing property seized
in addition to any other amounts Landlord is entitled to receive. Landlord may sell or dispose of any seized
property in accordance with the provisions of §54.045, Property Code.
24.SUBORDINATION: This lease and Tenant’s leasehold interest are and will be subject, subordinate, and
inferior to: (i) any lien or encumbrance now or later placed on the Property by Landlord; (ii) all advances
made under any such lien or encumbrance; (iii) the interest payable on any such lien or encumbrance; (iv)
any and all renewals and extensions of any such lien or encumbrance; (v) any restrictive covenant; and (vi)
the rights of any owners’ association affecting the Property.
25.CASUALTY LOSS OR CONDEMNATION: Section 92.054, Property Code governs the rights and
obligations of the parties regarding a casualty loss to the Property. Any proceeds, payment for damages,
settlements, awards, or other sums paid because of a casualty loss to the Property will be Landlord’s sole
property. For the purpose of this lease, any condemnation of all or a part of the Property is a casualty loss.
26.SPECIAL PROVISIONS: (Do not insert a lease-option or lease-purchase clause without the assistance of
legal counsel. Special obligations and liabilities under statute apply to such transactions.)
A- FIRST MONTH RENT MUST BE MADE BY CASHIER'S CHECK TO THE LANDLORD. SECURITY DEPOSIT DIRECT DEPOSIT TO LANDLORD'S ZELLE
ACCOUNT.
B- ANY POSITIVE IDENTIFICATION OF SMOKING IN THE HOUSE OR GARAGE WILL RESULT IN IMMEDIATE FORFEIT OF THE SECURITY DEPOSIT
AND TERMINATION OF CONTRACT.
C- LANDLORD PROVIDES 24 HR. NOTICE AND HAVE VERBAL APPROVAL WHEN COMING TO THE PROPERTY.
D- TENANT TO OBTAIN AND MAINTAIN RENTAL INSURANCE AND PROVIDE LANDLORD A COPY.
E. TENANT TO DELIVER THE PROPERTY IN & OUT ON SAME CONDITIONS AS AT MOVE IN.
27.DEFAULT:
A. If Landlord fails to comply with this lease, Tenant may seek any relief provided by law.
B. If Tenant fails to timely pay all amounts due under this lease or otherwise fails to comply with this lease,
Tenant will be in default and:
(1) Landlord may terminate Tenant’s right to occupy the Property by providing Tenant with at least one
day written notice to vacate;
(2) all unpaid rents which are payable during the remainder of this lease or any renewal period will be
accelerated without notice or demand;
C. Notice to vacate under Paragraph 27B(1) may be by any means permitted by §24.005, Property Code.
D. If Tenant vacates the Property in breach of this lease, Landlord may also deduct from the security
deposit the reasonable costs to rekey certain security devices, as provided in Paragraph 19.
E. Landlord will attempt to mitigate any damage or loss caused by Tenant's breach by attempting to relet
the Property to acceptable tenants and reducing Tenant's liability accordingly.
28. EARLY TERMINATION: This lease begins on the Commencement Date and ends on the Expiration
date unless: (i) renewed under Paragraph 4; (ii) extended by written agreement of the parties; or (iii)
terminated earlier under Paragraph 27, by agreement of the parties, applicable law, or this Paragraph
Unless otherwise provided by law, Tenant is not entitled to early termination due to voluntary or
involuntary job or school transfer, changes in marital status, loss of employment, loss of co-tenants,
changes in health, purchase of property, or death.
A. Special Statutory Rights Tenants may have special statutory rights to terminate the lease early in
certain situations involving family violence, military deployment or transfer, or certain sex offenses or
stalking
(1) Military: If Tenant is or becomes a servicemember or a dependent of a service member, Tenant may
terminate this lease by delivering to Landlord a written notice of termination and a copy of an
appropriate government document providing evidence of: (a) entrance into military service; (b)
military orders for a permanent change of station (PCS); or (c) military orders to deploy with a
military unit for not less than 90 days. Termination is effective on the 30th day after the first date on
which the next rental payment is due after the date on which the notice is delivered. §92.017,
Property Code governs the rights and obligations of the parties under this paragraph.
(2) Family Violence: Tenant may terminate this lease if Tenant provides Landlord with a copy of
documentation described under §92.016, Property Code protecting Tenant or an occupant from
family violence committed by a co tenant or occupant of the Property. §92.016, Property Code
governs the rights and obligations of the parties under this paragraph. If the family violence is
committed by someone other than a cotenant or co-occupant of the Property, Tenant must give
written notice of termination 30 days prior to the effective date of the notice.
(3) Sex Offenses or Stalking: Tenant may have special statutory rights to terminate this lease in certain
situations involving certain sexual offenses or stalking, if the Tenant provides Landlord with the
documentation required by §92.0161, Property Code. For more information about the types of
situations covered by this provision, Tenant is advised to review §92.0161, Property Code.
(1) Tenant may not assign this lease or sublet the Property without Landlord’s written consent.
(3) Any assignee, subtenant, or replacement tenant must, in Landlord’s discretion, be acceptable as a
tenant and must sign: (a) a new lease with terms not less favorable to Landlord than this lease or
otherwise acceptable to Landlord; (b) a sublease with terms approved by Landlord; or (c) an
assignment of this lease in a form approved by Landlord.
(4) At the time Landlord agrees to permit an assignee, subtenant, or replacement tenant to occupy the
Property, Tenant will pay Landlord:
(a) if Tenant procures the assignee, subtenant, or replacement tenant:
(i) $no subletting .
(ii) % of one’s month rent that the assignee, subtenant, or replacement tenant is to pay.
(5) Unless expressly stated otherwise in an assignment or sublease, Tenant will not be released from
Tenant’s obligations under this lease because of an assignment or sublease. An assignment of this
lease or a sublease of this lease without Landlord’s written consent is voidable by Landlord.
29.ATTORNEY’S FEES: Any person who is a prevailing party in any legal proceeding brought under or related
to the transaction described in this lease is entitled to recover prejudgment interest, attorney’s fees, costs of
service, and all other costs of the legal proceeding from the non-prevailing party.
30.REPRESENTATIONS: Tenant's statements in this lease and any application for rental are material
representations. Each party to this lease represents that he or she is of legal age to enter into a contract. If
Tenant makes a misrepresentation in this lease or in an application for rental, Tenant is in default.
31.NOTICES: All notices under this lease must be in writing and are effective when hand-delivered, sent by
mail, or sent by electronic transmission to (Do not insert an e-mail address or a fax number unless the party
consents to receive notices under this lease at the e-mail address or fax number specified.):
Tenant at the Property and a copy to:
Landlord c/o:
32.AGREEMENT OF PARTIES:
A. Entire Agreement: There are no oral agreements between Landlord and Tenant. This lease contains the
entire agreement between Landlord and Tenant and may not be changed except by written agreement.
B. Binding Effect: This lease is binding upon and inures to the benefit of the parties to this lease and their
respective heirs, executors, administrators, successors, and permitted assigns.
C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or
notice to, refund to, or signature of, any one or more of the Tenants regarding any term of this lease, its
extension, its renewal, or its termination is binding on all Tenants executing this lease
D. Waiver: Landlord's past delay, waiver, or non-enforcement of a rental due date or any other right will not
be deemed to be a waiver of any other breach by Tenant or any other right in this lease.
E. Severable Clauses: Should a court find any clause in this lease unenforceable, the remainder of this
33.INFORMATION:
A. Future inquiries about this lease, rental payments, and security deposits should be directed to the
person listed for receipt of notices for Landlord under Paragraph 32.
B. It is Tenant’s responsibility to determine, before signing this lease, if: (i) all services (e.g., utilities,
connections, schools, and transportation) are accessible to or from the Property; (ii) such services are
sufficient for Tenant’s needs and wishes; and (iii) Tenant is satisfied with the Property’s condition.
C. The brokers to this lease have no knowledge of whether Landlord is delinquent in the payment of any
lien against the Property.
D. Unpaid rent and any unpaid amount under this lease are reportable to credit reporting agencies.
E. Landlord is not obligated to respond to any requests for Tenant’s rental and payment history from a
mortgage company or other prospective landlord until Tenant has given notice of termination of this
lease and Tenant is not in breach of this lease. (Notice: Landlord or Landlord’s agent may charge a
reasonable fee for processing such information.)
F. If a tenant who is the sole occupant of the Property dies before the expiration of the tenant’s lease, a
representative of the estate or the person named in Paragraph 34(F) may terminate the tenant’s rights
and obligations under the lease if the representative or the person named in Paragraph 34(F) provides
to the Landlord written notice of the termination of the lease as required by Section 92.0162, Property
Code and the deceased tenant’s property is removed from the leased premises in accordance with
Section 92.014 of the Property Code and the representative or the person named in Paragraph 34(F)
signs an inventory of the removed property if required by the landlord. Termination of a lease is effective
on the later of:
(i) the 30th day after the date on which the notice under Section 92.0162, Property Code was
provided; or
(ii) the date on which all of the conditions under Section 92.0162, Property Code have been
met.
G. This lease should not be used in conjunction with executory contracts of any type, such as contracts for
deed, leases with options to purchase, or lease options, without the advice of an attorney.
H. This lease is negotiable between the parties. This lease is binding upon final acceptance. READ
IT CAREFULLY. If you do not understand the effect of this lease, consult your attorney BEFORE
signing.