This Lease is valid only if filled out before January 1, 2024.
Apartment Lease Contract
This is a binding contract. Read carefully before signing.
This Lease Contract (“Lease”) is between you, the resident(s) as listed below and us. The terms “you” and “your” refer to all residents.
The terms “we,” “us,” and “our” refer to the owner listed below.
PARTIES
Residents Victor Fakunle, Ida Mbotela Owner Fossil Creek Development Partners,
LLC
Occupants
LEASE DETAILS
A. Apartment (Par. 2)
Street Address: 3800 Villaflora Dr. #1207
Apartment No. 1207 City: Ft. Worth State: TX Zip: 76137
B. Initial Lease Term. Begins: 03/14/2022 Ends at 11:59 p.m. on: 06/13/2023
C. Monthly Base Rent (Par. 3) E. Security Deposit (Par. 5) F. Notice of Termination or Intent to Move Out (Par. 4)
$ 600.00 A minimum of 60 days’ written notice of
$ 1975.00
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 any Animal Deposit, which If the number of days isn’t filled in, notice of at least 30 days
would be reflected in an Animal is required.
$ 1119.16 Addendum.
X due for the remainder
of 1st month or
for 2nd month
G. Late Fees (Par. 3.3)
Initial Late Fee Daily Late Fee
X 10 % of one month’s monthly base rent or % of one month’s monthly base rent for days or
$ $ for days
Due if rent unpaid by 11:59 p.m. on the 3rd (3rd or greater) day of the 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) Initial charge of $ 100.00 per animal (not
$ 3550.00
to exceed $100 per animal) and
$ 50.00 Notice of 60 days is required.
You are not eligible for early termination if A daily charge of $ 10.00 per animal
I. Reletting Charge (Par. 7.1) you are in default. (not to exceed $10 per day per animal)
Fee must be paid no later than 60
A reletting charge of $ 1715.30 days after you give us notice
(not to exceed 85% of the highest If values are blank or “0,” then this section does
monthly Rent during the Lease term) not apply.
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 $ 0.00 Cable/satellite $ Trash service $ 38.00 Internet
$ Package service $ Pest control $ 5.00
Storage $ Stormwater/drainage $ Washer/Dryer $
Other: $
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)
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 of 6
LEASE TERMS AND CONDITIONS advance notice contained in Box F on page 1 in writing from
us to you. Your new Lease, which may include increased Rent
1. Definitions. The following terms are commonly used in this Lease: or Lease changes, will begin on the date stated in any advance
1.1. “Residents” are those listed in “Residents” above who sign notice we provide (without needing your signature) unless you
the Lease and are authorized to live in the apartment. give us written move-out
1.2. “Occupants” are those listed in this Lease who are also autho- notice under Par. 25, which applies only to the end of the current
rized to live in the apartment, but who do not sign the Lease. Lease term or renewal period.
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.
2. Apartment. You are leasing the apartment listed above for use as a
private residence only.
2.1. Access. In accordance with our Community Policies, you’ll
receive access information or devices for your apartment
and mailbox, and other access devices including:
_G_a_t__e_____
_______________________________________________
______________________________________________.
2.2. Measurements. Any dimensions and sizes provided to
you relating to the apartment are only approximations or
estimates; actual dimensions and sizes may vary.
2.3. Representations. You agree that designations or accredi-
tations associated with the property are subject to change.
3. Rent. You must pay your Rent on or before the 1st day of each
month (due date) without demand. There are no exceptions
regarding the payment of Rent, and you agree not paying Rent on
or before the 1st of each month is a material breach of this Lease.
3.1. Payments. You will pay your Rent by any method, manner
and place we specify in accordance with our Community
Policies. Cash is not acceptable without our prior
written permission. You cannot withhold or ofset
Rent unless authorized by law. We may, at our option,
require at any time that you pay Rent and other sums due
in one single payment by any method we specify.
3.2. Application of Payments. Payment of each sum due is an
independent covenant, which means payments are due
regardless of our performance. When we receive money,
other than water and wastewater payments subject to
government regulation, we may apply it at our option
and without notice 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. If we don’t receive your monthly base rent in full
when it’s due, you must pay late fees as outlined in Lease
Details.
3.4. Returned Payment Fee. You’ll pay the fee listed in
Lease Details for each returned check or rejected
electronic payment, plus initial and daily late fees if
applicable, until we receive full payment in an acceptable
method.
3.5. Utilities and Services. You’ll pay for all utilities and
services, related deposits, and any charges or fees when they
are due and as outlined in this Lease. Television channels
that are provided may be changed during the Lease term
if the change applies to all residents.
If your electricity is interrupted, you must use only battery-
operated lighting (no 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 of your
move- out date. If you delay getting service turned on in
your name by the Lease’s start date or cause it to be
transferred back into our name before you surrender or
abandon the apartment, you’ll be liable for the charge listed
above (not to exceed $50 per billing period), plus the actual
or estimated cost of the utilities used while the utility should
have been billed to you. If your apartment is individually
metered and you change your retail electric provider, you
must give us written notice. You must pay all applicable
provider fees, including any fees to change service back into
our name after you move out.
3.6. Lease Changes. Lease changes are only allowed during the
Lease term or renewal period if governed by Par. 10,
specified in Special Provisions in Par. 32, or by a written
addendum or amendment signed by you and us. At or after
the end of the initial Lease term, Rent increases will become
effective with at least 5 days plus the number of days’
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4. Automatic Lease Renewal and Notice of Termination. This nate the Lease within 3 days after you receive written notice.
Lease will automatically renew month-to-month unless either party If we give you written notice before the date the Lease begins
gives written notice of termination or intent to move out as and the notice states that a construction or other delay is
required by Par. 25 and specified on page 1. If the number of days expected and that the apartment will be ready for you to
isn’t filled in, no- tice of at least 30 days is required. occupy on a specific date, you may terminate the Lease within
5. Security Deposit. The total security deposit for all residents is 7 days after receiving written notice.
due on or before the date this Lease is signed. Any animal After proper termination, you are entitled only to refund of
deposit will be designated in an animal addendum. Security any deposit(s) and any Rent you paid.
deposits may not be ap- plied to Rent without our prior written
consent.
5.1. Refunds and Deductions. You must give us your
advance notice of move out as provided by Par. 25
and forwarding address in writing to receive a written
description and itemized list of charges or refund. In
accordance with our Community Policies and as
allowed by law, we may deduct from your security deposit
any amounts due under the Lease. If you move out early
or in response to a notice to vacate, you’ll be liable for
rekeying charges. Upon receipt of your move-out date and
forwarding address in writing, the security deposit will be
returned (less lawful deductions)
with an itemized accounting of any deductions, no later
than 30 days after surrender or abandonment, unless laws
provide otherwise. Any refund may be by one payment
jointly payable to all residents and distributed to any one
resident we choose, or distributed equally among all
residents.
6. Insurance. Our insurance doesn’t cover the loss of or damage
to your personal property. You will be required to have liability
insur- ance as specified in our Community Policies or Lease
addenda un- less otherwise prohibited by law. If you have
insurance covering the apartment or your personal belongings at
the time you or we 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.
7. Reletting and Early Lease Termination. This Lease may not be
ter- minated early except as provided in this Lease.
7.1. Reletting Charge. You’ll be liable for a reletting charge as
listed in Lease Details, (not to exceed 85% of the highest
monthly Rent during the Lease term) if you: (A) fail to
move in, or fail to give written move-out notice as required
in Par. 25;
(B) move out without paying Rent in full for the entire
Lease term or renewal period; (C) move out at our
demand because of your default; or (D) are judicially
evicted. The reletting charge is not a termination,
cancellation or buyout fee and does not release you from
your obligations under this Lease, including liability for
future or past-due Rent, charges for damages or other
sums due.
The reletting charge is a liquidated amount covering only
part of our damages—for our time, 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 or 8.1 below, if this
provision applies under Lease Details, you may terminate
the Lease prior to the end of the Lease term if all of the
following occur: (a) as outlined in Lease Details, you
give us written notice of early termination, pay the early
termination fee and specify the date by which you’ll move
out; (b) you are not in default at any time and do not hold
over; and (c) you repay all rent concessions, credits or
discounts you received during the Lease term. If you are
in default, the Lease remedies apply.
7.3. Special Termination Rights. You may have the right
under Texas law to terminate the Lease early in certain
situations involving military deployment or transfer,
family violence, certain sexual ofenses, stalking or
death of a sole resident.
8. Delay of Occupancy. We are not responsible for any delay of
your occupancy caused by construction, repairs, cleaning, or a
previous resident’s holding over. This Lease will remain in force
subject to
(1) abatement of Rent on a daily basis during delay, and (2) your
right to terminate the Lease in writing as set forth below. Rent
abatement and Lease termination do not apply if the delay is for
cleaning or re- pairs that don’t prevent you from moving into the
apartment.
8.1. Termination. If we give written notice to you of a delay in
occupancy when or after the Lease begins, you may termi-
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9. Care of Unit and Damages. You must promptly pay or reimburse (b) behaving in a loud, obnoxious or dangerous manner;
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 by law, any other cause not due to our
negligence or fault, except for damages by acts of God to the extent
they couldn’t be mitigated by your action or inaction.
Unless damage or wastewater stoppage is due to our negligence,
we’re not liable for—and you must pay for—repairs and replace-
ments occurring during the Lease term or renewal period, includ-
ing: (A) damage from wastewater stoppages caused by improper
objects in lines exclusively serving your apartment; (B) damage to
doors, windows, or screens; and (C) damage from windows or doors
left open.
RESIDENT LIFE
10. Community Policies. Community Policies become part of the
Lease and must be followed. We may make changes, including addi-
tions, to our written Community Policies, and those changes can
be- come 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 of you
while you are using property common areas or
participating in any event sponsored by us.
10.2. Disclosure of Information. At our sole option, we may,
but are not obligated to, share and use information related
to this Lease for law-enforcement, governmental, or business
purposes. At our request, you authorize any utility provider to
give us information about pending or actual connections or
disconnections of utility service to your apartment.
10.3. Guests. We may exclude from the apartment community
any guests or others who, in our sole judgment, have
been violating the law, violating this Lease or our
Community Policies, or disturbing other residents,
neighbors, visitors, or owner representatives. We may also
exclude from any outside area or common area anyone
who refuses to show photo 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 ___3 _days in one
week
without our prior written consent, and no more than twice
that many days in any one month. If the previous space
isn’t 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
way that may alarm others;
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(c) disturbing or threatening the rights, comfort, health, only when you are present, and we may, but are not obligated to, give
safety, or convenience of others, including us, our prior notice or make appointments.
agents, or our representatives;
(d) disrupting our business operations;
(e) storing anything in closets containing water
heaters or gas appliances;
(f) tampering with utilities or
telecommunication equipment;
(g) bringing hazardous materials into the
apartment community;
(h) using windows for entry or exit;
(i) heating the apartment with gas-operated appliances;
(j) making bad-faith or false allegations against us
or our agents to others;
(k) smoking of any kind, that is not in accordance
with our Community Policies or Lease addenda;
(l) using glass containers in or near pools; or
(m)conducting any kind of business (including child-
care services) in your apartment or in the
apartment community—except for any lawful
business
conducted “at home” by computer, mail, or
telephone if customers, clients, patients, employees
or other business associates do not come to your
apartment
for business purposes.
12. Animals. No living creatures of any kind are allowed, even
tempo- rarily, anywhere in the apartment or apartment
community un- less we’ve given written permission. If we allow
an animal, you must sign a separate Animal Addendum and, except
as set forth in the ad- dendum, pay an animal deposit and
applicable fees and additional monthly rent, as applicable. An
animal deposit is considered a gener- al security deposit. You
represent that any requests, statements and representations you
make, including those for an assistance or sup- port animal, are
true, accurate and made in good faith. Feeding stray, feral or wild
animals is a breach of this Lease.
12.1. Removal of Unauthorized Animal. We may remove
an unauthorized animal by (1) leaving, in a
conspicuous place in the apartment, a written notice
of our intent to remove the animal within 24 hours;
and (2) following the procedures of Par. 14. We may:
keep or kennel the animal; turn the animal over to a
humane society, local authority or rescue organization;
or return the animal to you if
we consent to your request to keep the animal and
you have completed and signed an Animal
Addendum and paid all fees. When keeping or
kenneling an animal, we won’t be liable for loss,
harm, sickness, or death of the animal unless due to
our negligence. You must pay for the animal’s
reasonable care and kenneling charges.
12.2. Violations of Animal Policies and Charges. If you or
any guest or occupant violates the animal restrictions
of this Lease or our Community Policies, you’ll be
subject to charges, damages, eviction, and other
remedies provided in this Lease, including animal
violation charges listed in Lease Details from the date
the animal was brought into your apartment until it is
removed. If an animal has been in the apartment at
any time during your term of occupancy (with or
without our consent), we’ll charge you for all cleaning
and repair costs,
including defleaing, deodorizing, and shampooing.
Initial and daily animal-violation charges and animal-
removal charges are liquidated damages for our time,
inconvenience, and overhead in enforcing animal
restrictions and Community Policies.
13. Parking. You may not be guaranteed parking. We may regulate the
time, manner, and place of parking of all motorized vehicles and
other modes of transportation, including bicycles and scooters, in
our Community Policies. In addition to other rights we have to
tow or boot vehicles under state law, we also have the right to
remove, at the expense of the vehicle owner or operator, any
vehicle that is not in compliance with our Community Policies.
14. When We May Enter. If you or any other resident, guest or
occupant is present, then repair or service persons, contractors,
law 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 if written notice of
the entry is left in a conspicuous place in the apartment
immediately after the entry. We are under no obligation to enter
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15. Requests, Repairs and Malfunctions. request.
15.1. Written Requests Required. If you or any occupant needs
to send a request—for example, for repairs, installations,
services, ownership disclosure, or security-related matters—
it must be written and delivered to our designated
representative in accordance with our Community Policies
(except for fair-housing accommodation or 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 our sole discretion.
15.2. Your Requirement to Notify. You must promptly notify us in
writing of air conditioning or heating problems, water leaks or
moisture, mold, electrical problems, malfunctioning lights,
broken or missing locks or latches, or any other condition
that poses a hazard or threat to property, health, or safety.
Unless we instruct otherwise, you are required to keep the
apartment cooled or heated according to our Community
Policies. Air conditioning problems are normally not
emergencies.
15.3. Utilities. We may change or install utility lines or
equipment serving the apartment if the work is
done reasonably without substantially increasing
your utility costs. We may turn 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 of the problem
and the reasonable availability of materials, labor, and
utilities. If we fail to timely repair a condition that
materially afects the physical health or safety of
an
ordinary resident as required by the Texas Property Code,
you may be entitled to exercise remedies under § 92.056
and § 92.0561 of the Texas Property Code. If you follow
the procedures under those sections, the following
remedies, among others, may be available to you:
(1) termination of the Lease and an appropriate refund
under 92.056(f); (2) have the condition repaired or
remedied according to § 92.0561; (3) deduct from the Rent
the cost of the repair or remedy according to § 92.0561;
and 4) judicial remedies according to § 92.0563.
16. Our Right to Terminate for Apartment Community Damage or
Closure. If, in our sole judgment, damages to the unit or building are
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 sole
judg- ment, it causes a health or safety hazard or impedes our ability
to make repairs.
16.1. Property Closure. We also have the right to terminate
this Lease and your right to possession by giving you at
least 30 days’ written notice of termination if we are
demolishing your apartment or closing it and it will no
longer be used for residential purposes for at least 6
months, or if any part of the property becomes subject to
an eminent domain proceeding.
17. Assignments and Subletting. You may not assign this Lease or sub-
let your apartment. You agree that you won‘t rent, offer to rent or
license all or any part of your apartment to anyone else unless other-
wise agreed to in advance by us in writing. You agree that you
won‘t accept anything of value from anyone else for the use of
any part of your apartment. You agree not to list any part of your
apartment on any lodging or short-term rental website or with any
person or ser- vice that advertises dwellings for rent.
18. Security and Safety Devices. We’ll pay for missing security de-
vices that are required by law. You’ll pay for: (A) rekeying that
you request (unless we failed to rekey after the previous resi-
dent moved out); and (B) repairs or replacements because of
misuse or damage by you or your family, your occupants, or
your guests. You must pay immediately after the work is done unless
state law authorizes advance payment. You must also pay in
advance for any additional or changed security devices you
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Texas Property Code secs. 92.151, 92.153, and 92.154 require, permit a reasonable number of small nail holes for
with some exceptions, that we provide at no cost to you when hanging pictures on sheetrock walls and in grooves of
occupancy begins: (A) a window latch on each window; (B) a wood- paneled walls. No water furniture, washing
doorviewer (peep- hole or window) on each exterior door; (C) a machines, dryers, extra phone or television outlets, alarm
pin lock on each sliding door; (D) either a door-handle latch or a systems,
security bar on each sliding door; (E) a keyless bolting device
(deadbolt) on each exterior door; and (F) either a keyed
doorknob lock or a keyed deadbolt lock on one entry door. Keyed
locks will be rekeyed after the prior resident moves out. The
rekeying will be done either before you move in or within 7 days
after you move in, as required by law. If we fail to in- stall or
rekey security devices as required by law, you have the right to
do so and deduct the reasonable cost from your next Rent pay-
ment under Texas Property Code sec. 92.165(1). We may
deactivate or not install keyless bolting devices on your doors if
(A) you or an occupant in the dwelling is over 55 or disabled, and
(B) the require- ments of Texas Property Code sec. 92.153(e) or
(f) are 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 of your apartment. Upon request, we’ll
provide, as required by law, a smoke alarm capable of
alerting a person with a hearing impairment.
You must pay for and replace batteries as needed,
unless the law provides otherwise. We may replace
dead
or missing batteries at your expense, without prior
notice to you. Neither you nor your guests or
occupants may disable alarms or detectors. If you
damage or disable the smoke alarm or remove a
battery without replacing it with a working battery,
you may be liable to us under Texas Property Code
sec. 92.2611 for $100 plus one month’s Rent, actual
damages, and attorney’s fees.
18.2. Duty to Report. You must immediately report to us
any missing, malfunctioning or defective security
devices, smoke alarms or detectors. You’ll be liable if
you fail to report malfunctions, or fail to report any
loss, damage, or fines resulting from fire, smoke, or
water.
19. Resident Safety and Loss. Unless otherwise required by law,
none of us, our employees, agents, or management companies
are liable to you, your guests or occupants for any damage,
personal injury, loss to personal property, or loss of business or
personal income, from any cause, including but not limited to:
negligent or intention- al acts of residents, occupants, or
guests; theft, burglary, assault, vandalism or other crimes; fire,
flood, water leaks, rain, hail, ice, snow, smoke, lightning, wind,
explosions, interruption of utilities, pipe leaks or other
occurrences unless such damage, injury or loss is caused
exclusively by our negligence.
We do not warrant security of any kind. You agree that you
will not rely upon any security measures taken by us for personal
security, and that you will call 911 and local law enforcement
authorities if any security needs arise.
You acknowledge that we are not equipped or trained to
provide personal security services to you, your guests or
occupants. You rec- ognize that we are not required to provide any
private security ser- vices and that no security devices or measures
on the property are fail-safe. You further acknowledge that, even
if an alarm or gate ame- nities are provided, they are mechanical
devices that can malfunc- tion. Any charges resulting from the use
of an intrusion alarm will be charged to you, including, but not
limited to, any false alarms with police/fire/ambulance response
or other required city charges.
20. Condition of the Premises and Alterations.
20.1. As-Is. We disclaim all implied warranties. You accept
the apartment, 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 of the 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
of the premises for purposes of determining any
refund due to you when you move out. Otherwise,
everything will be considered to be in a clean,
safe, and good working condition. You must still
send a separate request for any repairs needed as
provided by Par. 15.1.
20.2. Standards and Improvements. Unless authorized
by law or by us in writing, you must not perform any
repairs, painting, wallpapering, carpeting, electrical
changes, or otherwise alter our property. No holes or
stickers are allowed inside or outside the apartment.
Unless our Community Policies state otherwise, we’ll
Apartment Lease Contract ©2022, Texas Apartment Association, Inc.
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cameras, video or other doorbells, or lock changes,
If you don’t pay the first month’s Rent when or before the
additions, or rekeying is permitted unless required by law
Lease begins, all future Rent for the Lease term will be
or we’ve consented in writing. You may install a satellite
automatically accelerated without notice and become
dish or antenna, but only if you sign our satellite-dish or
immediately due. We also may end your right of occupancy
antenna lease addendum, which complies with
and recover damages, future Rent, attorney’s fees, court
reasonable restrictions allowed by federal law. You must
costs, and other lawful charges.
not alter, damage, or remove our property, including alarm
systems, detection devices, appliances, furniture, 23.4. Holdover. You and all occupants must vacate and surrender
telephone and the apartment by or before the date contained in: (1) your
television wiring, screens, locks, or security devices. When you move-out notice (2) our notice to vacate, (3) our notice of
move in, we’ll supply light bulbs for fixtures we furnish, non-renewal, or (4) a written agreement specifying a different
including exterior fixtures operated from inside the move-out date. If a holdover occurs, then you’ll be liable to us
apartment; after that, you’ll replace them at your expense for all Rent for the full term of the previously signed lease of a
with bulbs of the same type and wattage. Your new resident who can’t occupy because of the holdover,
improvements to the apartment (made with or without our and at our option, we may extend the Lease term and/or
consent) become ours unless we agree otherwise in writing. increase the Rent by 25% by delivering written notice to
you or your apartment while you continue to hold over.
21. Notices. Written notice to or from our employees, agents, or
management companies constitutes notice to or from us. Notices 23.5. Other Remedies. We may report unpaid amounts to
to you or any other resident of the apartment constitute notice to all credit agencies as allowed by law. If we or our debt
residents. Notices and requests from any resident constitute notice collector tries to collect any money you owe us, you
from all residents. Only residents can give notice of Lease termination agree that we or the debt collector may contact you by
and intent to move out under Par. 7.3. All notices and documents will any legal means. If you default, you will pay us, in
be in English and, at our option, in any other language that you addition to other sums due, any rental discounts or
read or speak. concessions
agreed to in writing that have been applied to your
21.1. Electronic Notice. Notice may be given electronically
account. We may recover attorney’s fees in connection with
by us to you if allowed by law. If allowed by law and in enforcing our rights under this Lease. All unpaid amounts
accordance with our Community Policies, electronic
you owe bear interest at the rate provided by Texas Finance
notice from you to us must be sent to the email Code Section 304.003(c) from the due date. You must pay all
address and/or portal specified in Community Policies.
collection- agency fees if you fail to pay sums due within 10
Notice may also be given by phone call or to a physical
days after you are mailed a letter demanding payment and
address if allowed in our Community Policies.
stating that collection-agency fees will be added if you don’t
You represent that you have provided your current pay all sums by that deadline. You are also liable for a charge
email address to us, and that you will notify us in the (not to exceed $150) to cover our time, cost and expense for
event your email address changes. any eviction proceeding against you, plus our attorney’s fees
and expenses, court costs, and filing fees actually paid.
24. Representatives’ Authority and Waivers. Our representatives (in-
EVICTION AND REMEDIES
cluding management personnel, employees, and agents) have no
22. Liability. Each resident is jointly and severally liable for all Lease authority to waive, amend, or terminate this Lease or any part of it
obligations. If you or any guest or occupant violates the Lease or unless in writing and signed, and no authority to make promises,
our Community Policies, all residents are considered to have violated rep- resentations, or agreements that impose security duties or
the Lease. other ob- ligations on us or our representatives, unless in writing
22.1. Indemnificationby You. You’lldefend, indemnify and hold and signed. No action or omission by us will be considered a waiver
us and our employees, agents, and management of our rights or of any subsequent violation, default, or time or place of
company harmless from all liability arising from your performance. Our choice to enforce, not enforce or delay
conduct or requests to our representatives and from the enforcement of written-no- tice requirements, rental due dates,
conduct of or requests by your invitees, occupants or acceleration, liens, or any other rights isn’t a waiver under any
guests. circumstances. Delay in demanding sums you owe is not a waiver.
Except when notice or demand is required by law, you waive any
23. Default by Resident. notice and demand for performance from us if you default. Nothing in
23.1. Acts of Default. You’ll be in default if: (A) you don’t this Lease constitutes a waiver of our remedies for a breach under your
timely pay Rent, including monthly recurring charges, or prior lease that occurred before the Lease term begins. Your Lease is
other amounts you owe; (B) you or any guest or subordinate to existing and future recorded mortgages, un- less the
occupant violates this Lease, our Community Policies, owner’s lender chooses otherwise.
or fire, safety, health, criminal or other laws, regardless of All remedies are cumulative. Exercising one remedy won’t constitute
whether or where arrest or conviction occurs; (C) you an election or waiver of other remedies. All provisions regarding our
give incorrect, incomplete, or false answers in a rental nonliability or nonduty apply to our employees, agents, and
application or in this Lease; or (D) you or any occupant is manage- ment companies. No employee, agent, or management
charged, detained, convicted, or given deferred company is personally liable for any of our contractual, statutory, or
adjudication or pretrial diversion for (1) an offense other obliga- tions merely by virtue of acting on our behalf.
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 END OF THE LEASE TERM
in the Texas Controlled Substances Act, or (2) any sex- 25. Move-Out Notice. Before moving out, you must give our represen-
related crime, including a misdemeanor. tative advance written move-out notice as stated in Par. 4, even if
23.2. Eviction. If you default, including holding over, we may the Lease has become a month-to-month lease. The move-out date
end your right of occupancy by giving you at least a 24- can’t be changed unless we and you both agree in writing.
hour written notice to vacate. Termination of your Your move-out notice must comply with each of the following:
possession rights doesn’t release you from liability for future
Rent or other Lease obligations. After giving notice to (a) Unless we require more than 30 days’ notice, if you give
notice on the first day of the month you intend to
vacate or filing an eviction suit, we may still accept Rent or
move out, move out will be on the last day of that
other sums due; the filing or acceptance doesn’t waive or
month.
diminish our right of eviction or any other contractual or
statutory right. Accepting money at any time doesn’t waive (b) Your move-out notice must not terminate the
our right to damages, to past or future Rent or other sums, Lease before the end of the Lease term or renewal
or to our continuing with eviction proceedings. In an period.
eviction, Rent is owed for the full rental period and will not (c) If we require you to give us more than 30 days’ written
be prorated. notice to move out before the end of the Lease term, we
23.3. Acceleration. Unless we elect not to accelerate Rent, will give you 1 written reminder not less than 5 days
all monthly Rent for the rest of the Lease term or nor more than 90 days before your deadline for giving
renewal period will be accelerated automatically us your written move-out notice. If we fail to give a
without notice or demand (before or after acceleration) reminder notice, 30 days’ written notice to move out is
and will be immediately due if, without our written required.
consent: (A) you move out, remove property in (d) You must get from us a written acknowledgment of
preparing to move out, or you or any occupant gives your notice.
oral or written notice of intent to move out before the
Lease term or renewal period ends; and (B) you haven’t 26. Move-Out Procedures.
paid all Rent for the 26. 1. Cleaning. You must thoroughly clean the apartment,
entire Lease term or renewal period. Remaining Rent will including doors, windows, furniture, bathrooms, kitchen
also be accelerated if you’re judicially evicted or move appliances, patios, balconies, garages, carports, and storage
out when we demand because you’ve defaulted. rooms. You must follow move-out cleaning instructions if
Apartment Lease Contract ©2022, Texas Apartment Association, Inc.
Page 8 of 6
they have been provided. If you don’t clean adequately,
you’ll be liable for reasonable cleaning charges—including
charges for cleaning carpets, draperies, furniture, walls,
etc. that are soiled beyond normal wear (that is, wear or
soiling that occurs without negligence, carelessness,
accident, or abuse).
Apartment Lease Contract ©2022, Texas Apartment Association, Inc.
Page 9 of 6
26.2. Move-Out Inspection. We may, but are not obligated to, YOU UNDERSTAND THAT, WITHOUT THIS WAIVER, YOU
provide a joint move-out inspection. Our representatives COULD BE A PARTY IN A CLASS ACTION LAWSUIT. BY
have no authority to bind or limit us regarding deductions SIGNING THIS LEASE, YOU ACCEPT THIS WAIVER AND
for repairs, damages, or charges. Any statements or estimates CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY.
by us or our representative are subject to our correction, THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE
modi- fication, or disapproval before final accounting or THE TERMINATION OR EXPIRATION OF THIS LEASE.
refunding.
31.2. Force Majeure. If we are prevented from completing substan-
27. Surrender and Abandonment. You have surrendered the apartment
tial performance of any obligation under this Lease by
when: (A) the move-out date has passed and no one is living in the
occurrences that are beyond our control, including but
apartment in our reasonable judgment; or (B) apartment keys and ac- not limited to, an act of God, strikes, epidemics, war, acts of
cess devices listed in Par. 2.1 have been turned in to us—whichever
terrorism, riots, flood, fire, hurricane, tornado, sabotage or
happens first.
governmental regulation, then we shall be excused from
You have abandoned the apartment when all of the following have any further performance of obligations to the fullest extent
occurred: (A) everyone appears to have moved out in our allowed by law.
reasonable judgment; (B) you’ve been in default for nonpayment of
32.Special Provisions. The following, or attached Special Provisions and
Rent for 5 consecutive days, or water, gas, or electric service for the
any addenda or Community Policies provided to you, are part of
apartment not connected in our name has been terminated or
this Lease and supersede any conflicting provisions in this Lease.
transferred; and
(C) you’ve not responded for 2 days to our notice left on the inside of Billed trash expense may include, but is
the main entry door stating that we consider the apartment aban-
doned. An apartment is also considered abandoned 10 days after not limited to, actual trash invoices,
the death of a sole resident. internal trash-related expense, junk/
27.1. The Ending of Your Rights. Surrender, abandonment, or
bulky item pick up, porter service,
judicial eviction ends your right of possession for all
purposes and gives us the immediate right to clean up, make consulting/management expense, and or
repairs in, and relet the apartment; determine any security-
pet waste removal services if
deposit deductions; and remove or store property left in the
apartment. applicable, equipment rental/
27.2. Removal and Storage of Property. We, or law officers, may maintenance, trash management costs,
— but have no duty to—remove or store all property that in
our sole judgment belongs to you and remains in the trash-related cleaning costs (including
apartment or in common areas (including any vehicles you trash chute cleaning), odor control,
or any occupant or guest owns or uses) after you’re judicially
evicted or if you surrender or abandon the apartment. trash auditing costs, recycling charges,
We’re not liable for casualty, loss, damage, or theft. You etc. Each monthly utility statement will
must pay reasonable charges for our packing, removing and include a rent and stormwater billing
storing any property.
fee of $6.00.
Except for animals, we may throw away or give to a charitable
organization all personal property that is:
(1) left in the apartment after surrender or abandonment; or
(2) left outside more than 1 hour after writ of possession
is executed, following judicial eviction.
An animal removed after surrender, abandonment, or eviction
may be kenneled or turned over to a local authority, humane
society, or rescue organization.
GENERAL PROVISIONS AND SIGNATURES
28. TAA Membership. We, the management company representing us,
or any locator service that you used confirms membership in good Before submitting a rental application or signing this Lease, you
standing of both the Texas Apartment Association and the should review the documents and may consult an attorney. You are
affiliated local apartment association for the area where the bound by this Lease when it is signed. An electronic signature is
apartment is located at the time of signing this Lease. If not, the binding. This Lease is the entire agreement between you
following applies: and us. You are NOT relying on any oral representations.
(A) this Lease is voidable at your option and is
unenforceable by us (except for property damages); and (B) we may
not recover past or future rent or other charges. The above remedies Resident or Residents (all sign below)
also apply if both of the following occur: (1) the Lease is
automatically renewed on a month-to-month basis more than once
after membership in TAA and
the local association has lapsed; and (2) neither the owner nor the man-
agement company is a member of TAA and the local association
during the third automatic renewal. A signed affidavit from the (Name of Resident) Date signed
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 of Resident) Date signed
Name, address and telephone number of locator service (if
applicable): (Name of Resident) Date signed
(Name of Resident) Date signed
29. Severability and Survivability. If any provision of this Lease is invalid
or unenforceable under applicable law, it won’t invalidate the remain- (Name of Resident) Date signed
der of the Lease or change the intent of the parties. Paragraphs
10.1,
10.2, 16, 27 and 31 shall survive the termination of this Lease.
This Lease binds subsequent owners.
30. Controlling Law. Texas law governs this Lease. All litigation (Name of Resident) Date signed
arising under this Lease and all Lease obligations must be
brought in the county, and precinct if applicable, where the
apartment is located.
Owner or Owner’s Representative (signing on behalf of owner)
31. Waivers. By signing this Lease, you agree to the following:
Apartment Lease Contract, TAA Official Statewide Form 22-A/B-1/B-2 Revised July Page 6
31.1. Class Action Waiver. You agree that you will not participate
in any class action claims against us or our employees, agents,
or management company. You must 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
any forum.
Apartment Lease Contract, TAA Official Statewide Form 22-A/B-1/B-2 Revised July Page 6