Blacey Fuutner Lease
Blacey Fuutner Lease
Date of Lease Contract: 10/11/2023 This is a binding document. Read carefully before signing.
(when the Lease Contract is filled out)
Moving In -- General Information
1. PARTIES. This Lease Contract is between you, the resident(s) (list all 7. UTILITIES. We'll pay for the following items, if checked:
people signing the Lease Contract): Z water
 Z gas  electricity  master antenna.
Z
Z wastewater Z trash  cable TV  other
You'll pay for all other utilities, related deposits, and any charges, fees,
or services on such utilities. You must not allow utilities to be
Blacey Futtner and the disconnected for any reason--including disconnection for not paying
us, landlord: your bills--until the lease term or renewal period ends. Cable channels
PROSPERITUS SOLUTIONS that are provided may be changed during the Lease Contract term if the
change applies to all residents. Utilities may be used only for normal
(name of apartment community or title holder). You've agreed to rent household purposes and must not be wasted. If your electricity is ever
Apartment No. , at 1320 4th ST interrupted, you must use only battery-powered lighting. If any utilities
(street address) in are submetered for the apartment, or prorated by an allocation formula,
Rosenburg, TX (city), we will attach an addendum to this Lease Contract in compliance with
77471 (zip code) for use as a private residence only. The state agency rules or city ordinance.
terms "you" and "your" refer to all residents listed above. The terms
"we," "us," and "our" refer to the owner listed above (or any of owner's 8. INSURANCE. We do not maintain insurance to cover your personal
successors' in interest or assigns). Written notice to or from our managers property or personal injury. We are not responsible to any resident, guest,
constitutes notice to or from us. If anyone else has guaranteed or occupant for damage or loss of personal property or personal injury
performance of this Lease Contract, a separate Lease Contract Guaranty from (including but not limited to) fire, smoke, rain, flood, water and pipe
for each guarantor is attached. leaks, hail, ice, snow, lightning, wind, explosions, earthquake, interruption
of utilities, theft, hurricane, negligence of other residents, occupants, or
2. OCCUPANTS. The apartment will be occupied only by you and (list all invited/uninvitedguests or vandalism unless otherwise required by law.
other occupants not signing the Lease Contract):
We urge you to get your own insurance for losses to your personal
Blacey Futtner property or injuries due to theft, fire, water damage, pipe leaks and the
like.
Additionally, you are [check one] Â required to purchase personal liability
No one else may occupy the apartment. Persons not listed above must insurance X Â not required to purchase personal liability insurance. If no
not stay in the apartment for more than 3 consecutive days box is checked, personal liability insurance is not required. If required,
without our prior written consent, and no more than twice that many failure to maintain personal liability insurance is an incurable breach of this
days in any one month. If the previous space isn't filled in, two days per Lease Contract and may result in the termination of tenancy and eviction
month is the limit. and/or any other remedies as provided by this Lease Contract or state law.
You acknowledge that no portion of the rent paid by you under this
3. LEASE TERM. The initial term of the Lease Contract begins on the
agreement will be applied to the owner's structural fire insurance and
10 day of OCTOBER , 2023 , and ends at midnight
that you are in no way a co-insured under any such policy, and that, in
the 11 day of OCTOBER , 2025 . This Lease
order to reduce the cost of insurance, the Owner has chosen to purchase
Contract will automatically renew month-to-month unless either party
fire and extended coverage insurance for the property for which the
gives at least days written notice of termination or intent to
above rental agreement applies. If you or any member of your
move-out as required by paragraph 37.
household, guest or invitee causes damages to the premises in an
amount that is less than the amount of this insurance deductible, you
4. SECURITY DEPOSIT. Unless modified by addenda, the total security
agree to indemnify and reimburse the Owner for the amount of
deposit at the time of execution of this Lease Contract for all residents in
such damages, and that you may be liable for costs in excess of
the apartment is $ 1,210.00 , due on or before the date this Lease
the deductible under any subrogation clause of the said policy.
Contract is signed.
It is recommended that you secure insurance to protect your interest
in the event of such a loss.
5. KEYS AND FURNITURE. You will be provided apartment
key(s), mailbox key(s), and other access devices
9. SECURITY DEVICES. What We Provide. We will provide at no cost
for . Your apartment will be [check one]: to you when occupancy begins: (1) a window latch on each window; (2)
 furnished or  unfurnished. a doorviewer (peephole) on each exterior door; (3) a pin lock on each
sliding glass door; (4) either a door handle latch or a bar on each sliding
6. RENT AND CHARGES. Unless modified by addenda, you will pay glass door; (5) a keyless bolting device (keyless deadbolt) on each
$ 1,210.00 per month for rent, payable in advance and without exterior door; and (6) either a keyed doorknob lock or a keyed deadbolt
demand: lock on one entry door. Keyed lock(s) will be rekeyed after the prior
 at the on-site manager's office, or resident moves out. The rekeying will be done either before you move
x at our online payment site, or
 in or within 7 days after you move in. If we fail to install or rekey
 at . security devices, you have the right to do so.
825.00 What You Are Now Requesting. You may at any time ask us to: (1)
Prorated rent of $ is due for the remainder of [check one]:
x 1st month or  2nd month, on 15 OCTOBER 2023 install one keyed deadbolt lock on an exterior door if it does not have
 , .
one; (2) install a bar on a sliding glass door if it does not have one; and
Otherwise, you must pay your rent on or before the 1st day of each (3) change or rekey locks or latches. We must comply with those
month (due date) with no grace period. Cash is unacceptable without requests, but you must pay for them. You are now requesting us to
our prior written permission. You must not withhold or offset rent install or change at your expense:
unless authorized by statute. We may, at our option, require at any time
that you pay all rent and other sums in cash, certified or cashier's check,
money order, or one monthly check rather than multiple checks. If you If no item is filled in, then you are requesting none at this time.
don't pay all rent on or before the 1ST day of the month, you'll
pay an initial late charge of $ 20 plus a late charge of Payment. We will pay for missing security devices set forth in
$ N/A per day after that date until paid in full. In the paragraph 9. You will pay for: (1) rekeying that you request (except
alternative, we may simply charge you N/A % of your monthly rent when we failed to rekey after the previous resident moved out); and (2)
payment as a late fee. Daily late charges will not exceed 15 days for any repairs or replacements due to misuse or damage by you or your
single month's rent. You'll also pay a charge of $ N/A for each family, occupants, or guests. You must pay immediately after the work
is done. You also must pay for additional or changed security devices
returned check or rejected electronic payment, (not to exceed $40), plus
you request, in advance or afterward, at our option.
initial and daily late charges from due date until we receive acceptable
payment. If you don't pay rent on time, you'll be delinquent and all
remedies under this Lease Contract will be authorized. We'll also have all
other remedies for such violation.
10. SPECIAL PROVISIONS. The following special provisions and any 11. EARLY MOVE-OUT; RELETTING CHARGE. You'll be liable to us
addenda or written rules furnished to you at or before signing will for a reletting charge of $NOT APPLICABLE (not to exceed 100% of the
become a part of this Lease Contract and will supersede any conflicting highest monthly rent during the Lease Contract term) if you:
provisions of this printed Lease Contract form.
(1) fail to give written move-out notice as required in paragraphs 23 or
37; or
NOT APPLICABLE (2) move out without paying rent in full for the entire Lease Contract
term or renewal period; or
(3) move out at our demand because of your default; or
(4) are judicially evicted.
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The reletting charge is not a cancellation fee and does not release you Disposition or Sale. Except for animals and property removed after the
from your obligations under this Lease Contract. See the next paragraph. death of a sole resident, we may throw away or give to a charitable
organization all items of personal property that are: (1) left in the
Not a Release. The reletting charge is not a Lease Contract cancellation
apartment after surrender or abandonment; or (2) left outside more
fee or buyout fee. It is a liquidated amount covering only part of our
than 1 hour after writ of possession is executed, following judicial
damages; that is, our time, effort, and expense in finding and processing
eviction. Animals removed after surrender, abandonment, or eviction
a replacement. These damages are uncertain and difficult to ascertain--
may be kenneled or turned over to local authorities or humane
particularly those relating to inconvenience, paperwork, advertising,
societies. Property not thrown away or given to charity may be
showing apartments, utilities for showing, checking prospects, office
disposed of only by sale, which must be held no sooner than 30 days
overhead, marketing costs, and locator-service fees. You agree that the
after written notice of date, time, and place of sale is sent by both
reletting charge is a reasonable estimate of such damages and that the
regular mail and certified mail (return receipt requested) to your last
charge is due whether or not our reletting attempts succeed. If no
known address. The notice must itemize the amounts you owe and the
amount is stipulated, you must pay our actual reletting costs so far as
name, address, and phone number of the person to contact about the
they can be determined. The reletting charge does not release you from
sale, the amount owed, and your right to redeem the property. Sale
continued liability for: future or past-due rent; charges for cleaning,
may be public or private, is subject to any third-party ownership or lien
repairing, repainting, or unreturned keys; or other sums due.
claims, must be to the highest cash bidder, and may be in bulk, in
12. DAMAGES AND REIMBURSEMENT. You must promptly reimburse batches, or item-by-item. Proceeds exceeding sums owed must be
us for loss, damage, government fines, or cost of repairs or service in mailed to you at your last known address within 30 days after sale.
the apartment community due to a violation of the Lease Contract or
14. FAILING TO PAY FIRST MONTH'S RENT. If you don't pay the first
rules, improper use, negligence, or intentional conduct by you or your
month's rent when or before the Lease Contract begins, all future rent
invitees, guests or occupants. Unless the damage or wastewater
will be automatically accelerated without notice and immediately due. We
stoppage is due to our negligence, we're not liable for--and you must
also may end your right of occupancy and recover damages, future rent,
pay for--repairs, replacement costs, and damage to the following if
reletting charges, attorney's fees, court costs, and other lawful charges.
occurring during the Lease Contract term or renewal period: (1)
Our rights and remedies under paragraphs 11 and 32 apply to
damage to doors, windows, or screens; (2) damage from windows or
acceleration under this paragraph.
doors left open; and (3) damage from wastewater stoppages caused by
improper objects in lines exclusively serving your apartment. We may 15. RENT INCREASES AND LEASE CONTRACT CHANGES. No rent
require payment at any time, including advance payment of repairs for increases or Lease Contract changes are allowed before the initial Lease
which you're liable. Delay in demanding sums you owe is not a waiver. Contract term ends, except for changes allowed by any special provisions
in paragraph 10, by a written addendum or amendment signed by you
13. PROPERTY LEFT IN APARTMENT. All property in the apartment is
and us, or by reasonable changes of apartment rules allowed under
subject to a contractual lien to secure payment of delinquent rent.
paragraph 18 and If, at least 5
rent attachment statutes will be followed if we exercise our
days before the advance notice period referred to in paragraph 3, we give
rights under this section. For this purpose, "apartment" excludes
you written notice of rent increases or Lease Contract changes effective
common areas but includes interior living areas and exterior patios,
when the Lease Contract term or renewal period ends, this Lease Contract
balconies, attached garages, and storerooms for your exclusive use.
will automatically continue month-to- month with the increased rent or
Removal After We Exercise Lien for Rent. If your rent is delinquent, Lease Contract changes. The new modified Lease Contract will begin on
our representative may peacefully enter the apartment and remove the date stated in the notice (without necessity of your signature) unless
and/or store all property subject to lien. Written notice of entry must be you give us written move- out notice under paragraph 37.
left afterwards in the apartment in a conspicuous place--plus a list of
16. DELAY OF OCCUPANCY. If occupancy is or will be delayed for
items removed. The notice must state the amount of delinquent rent and
construction, repairs, cleaning, or a previous resident's holding over,
the name, address, and phone number of the person to contact about the
we're not responsible for the delay. The Lease Contract will remain in
amount owed. The notice must also state that the property will be
force subject to: (1) abatement of rent on a daily basis during delay; and
promptly returned when the delinquent rent is fully paid. All property
(2) your right to terminate as set forth below. Termination notice must be
in the apartment is presumed to be yours unless proven otherwise.
in writing. After termination, you are entitled only to refund of deposit(s)
Removal After Surrender, Abandonment, or Eviction. We or law and any rent paid. Rent abatement or Lease Contract termination does
officers may remove and/or store all property remaining in the not apply if delay is for cleaning or repairs that don't prevent you from
apartment or in common areas (including any vehicles you or any occupying the apartment.
occupant or guest owns or uses) if you are judicially evicted or if you
If there is a delay and we haven't given notice of delay as set forth
surrender or abandon the apartment (see definitions in paragraph 42).
immediately below, you may terminate up to the date when the
Storage. We will store property removed under a contractual lien apartment is ready for occupancy, but not later.
according to applicable rent attachment statutes. We may
(1) If we give written notice to any of you when or after the initial term
store, but have no duty to store, property removed after judicial eviction,
as set forth in Paragraph 3--and the notice states that occupancy has
surrender, or abandonment of the apartment. We're not liable for
been delayed because of construction or a previous resident's
casualty loss, damage, or theft except for property removed under a
holding over, and that the apartment will be ready on a specific
contractual lien. You must pay reasonable charges for our packing,
date--you may terminate the Lease Contract within 3 days of your
removing, storing, and selling any property. We have a lien on all
receiving the notice, but not later.
property removed and stored after surrender, abandonment, or judicial
(2) If we give written notice to any of you before the initial term as set
eviction for all sums you owe.
forth in Paragraph 3 and the notice states that construction delay is
Redemption. If we've seized and stored property under a contractual expected and that the apartment will be ready for you to occupy on
lien for rent as authorized by you may a specific date, you may terminate the Lease Contract within 7 days
redeem in accordance with the procedures in after any of you receives written notice, but not later. The readiness
If we've removed and stored property after date is considered the new initial term as set forth in Paragraph 3
surrender, abandonment, or judicial eviction, you may redeem only by for all purposes. This new date may not be moved to an earlier date
paying all sums you owe, including rent, late charges, reletting charges, unless we and you agree.
storage, damages, etc. We may return redeemed property at the place
17. DISCLOSURE RIGHTS. If someone requests information on you or
of storage, the management office, or the apartment (at our option). We
your rental history for law-enforcement, governmental, or business
may require payment by cash, money order, or certified check.
purposes, we may provide it.
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21. PARKING. We may regulate the time, manner, and place of parking all guarantee against crime or of reduced risk of crime. Unless otherwise
cars, trucks, motorcycles, bicycles, boats, trailers, and recreational provided by law, we're not liable to you or any guests or occupants for
vehicles. Motorcycles or motorized bikes may not be parked inside an injury, damage, or loss to person or property caused by criminal conduct
apartment unit or on sidewalks, under stairwells, or in handicapped of other persons, including theft, burglary, assault, vandalism, or other
parking areas. We may have unauthorized or illegally parked vehicles crimes. We're not obliged to furnish security personnel, security lighting,
towed under an appropriate statute. A vehicle is unauthorized or security gates or fences, or other forms of security unless required by
illegally parked in the apartment community if it: statute. We're not responsible for obtaining criminal-history checks on
any residents, occupants, guests, or contractors in the apartment
(1) has a flat tire or other condition rendering it inoperable; or
community. If you or any occupant or guest is affected by a crime, you
(2) is on jacks, blocks or has wheel(s) missing; or
must make a written report to our representative and to the appropriate
(3) has no current license or no current inspection sticker; or
local law-enforcement agency. You also must furnish us with the
(4) takes up more than one parking space; or
law-enforcement agency's incident report number upon request.
(5) belongs to a resident or occupant who has surrendered or
abandoned the apartment; or 25. CONDITION OF THE PREMISES AND ALTERATIONS. You accept
(6) is parked in a marked handicap space without the legally required the apartment, fixtures, and furniture as is, except for conditions
handicap insignia; or materially affecting the health or safety of ordinary persons. We
(7) is parked in a space marked for manager, staff, or guest at the office; or disclaim all implied warranties. You'll be given an Inventory and
(8) blocks another vehicle from exiting; or Condition form on or before move-in. You must sign and note on the
(9) is parked in a fire lane or designated "no parking" area; or form all defects or damage and return it to our representative.
(10) is parked in a space marked for other resident(s) or unit(s); or Otherwise, everything will be considered to be in a clean, safe, and
(11) is parked on the grass, sidewalk, or patio; or good working condition.
(12) blocks garbage trucks from access to a dumpster.
You must use customary diligence in maintaining the apartment and not
22. RELEASE OF RESIDENT. Unless you're entitled to terminate this Lease damaging or littering the common areas. Unless authorized by statute or
Contract under paragraphs 10, 16, 23, 31, or 37, you won't be released by us in writing, you must not perform any repairs, painting,
from this Lease Contract for any reason--including but not limited to wallpapering, carpeting, electrical changes, or otherwise alter our
voluntary or involuntary school withdrawal or transfer, voluntary or property. No holes or stickers are allowed inside or outside the apartment.
involuntary job transfer, marriage, separation, divorce, reconciliation, loss But we'll permit a reasonable number of small nail holes for hanging
of co-residents, loss of employment, bad health, or death. pictures on sheetrock walls and in grooves of wood-paneled walls, unless
our rules state otherwise. No water furniture, washing machines,
23. MILITARY PERSONNEL CLAUSE. You may terminate the Lease
additional phone or TV-cable outlets, alarm systems, or lock changes,
Contract if you enlist or are drafted or commissioned and on active duty
additions, or rekeying is permitted unless statutorily allowed or we've
in the U.S. Armed Forces. You also may terminate the Lease Contract if:
consented in writing. You may install a satellite dish or antenna provided
(1) you are (i) a member of the U.S. Armed Forces or reserves on active you sign our satellite dish or antenna lease addendum which complies
duty or (ii) a member of the National Guard called to active duty for with reasonable restrictions allowed by federal law. You agree not to alter,
more than 30 days in response to a national emergency declared by damage, or remove our property, including alarm systems, smoke
the President; and detectors, furniture, telephone and cable TV wiring, screens, locks, and
(2) you (i) receive orders for permanent change-of-station, (ii) receive security devices. When you move in, we'll supply light bulbs for fixtures
orders to deploy with a military unit or as an individual in support of we furnish, including exterior fixtures operated from inside the apartment;
a military operation for 90 days or more, or (iii) are relieved or after that, you'll replace them at your expense with bulbs of the same type
released from active duty. and wattage. Your improvements to the apartment (whether or not we
consent) become ours unless we agree otherwise in writing.
After you deliver to us your written termination notice, the Lease Contract
will be terminated under this military clause 30 days after the date on 26. REQUESTS, REPAIRS, AND MALFUNCTIONS. IF YOU OR ANY
which your next rental payment is due. You must furnish us a copy of OCCUPANT NEEDS TO SEND A NOTICE OR REQUEST--FOR
your military orders, such as permanent change-of-station orders, call-up EXAMPLE, FOR REPAIRS, INSTALLATIONS, SERVICES, OR
orders, or deployment orders or written notification from your SECURITY-RELATED MATTERS--IT MUST BE SIGNED AND IN
commanding officer. Military permission for base housing does not WRITING TO OUR DESIGNATED REPRESENTATIVE (except in case of
constitute change-of-station order. After you move out, we'll return your fire, smoke, gas, explosion, overflowing sewage, uncontrollable running
security deposit, less lawful deductions For the purposes of this Lease water, electrical shorts, or crime in progress). Our written notes on your
Contract, orders described in (2) above will only release the resident who oral request do not constitute a written request from you.
qualifies under (1) and (2) above and receives the orders during the Lease
Our complying with or responding to any oral request regarding security
Contract term and such resident's spouse or legal dependents living in the
or non-security matters doesn't waive the strict requirement for written
resident's household. A co-resident who is not your spouse or dependent
notices under this Lease Contract. You must promptly notify us in writing
cannot terminate under this military clause. Unless you state otherwise in
of: water leaks; mold; electrical problems; malfunctioning lights; broken or
paragraph 10, you represent when signing this Lease Contract that: (1)
missing locks or latches; and other conditions that pose a hazard to
you do not already have deployment or change-of-station orders; (2) you
property, health, or safety. We may change or install utility lines or
will not be retiring from the military during the Lease Contract term; and
equipment serving the apartment if the work is done reasonably without
(3) the term of your enlistment or obligation will not end before the Lease
substantially increasing your utility costs. We may turn off equipment
Contract term ends. Even if you are entitled to terminate this Lease
and interrupt utilities as needed to avoid property damage or to perform
Contract under this paragraph, liquidated damages for making a false
work. If utilities malfunction or are damaged by fire, water, or similar
representation of the above will be the amount of unpaid rent for the
cause, you must notify our representative immediately. Air conditioning
remainder of the lease term when and if you move out, less rents from
problems are normally not emergencies. If air conditioning or other
others received in mitigation under paragraph 32. You must immediately
equipment malfunctions, you must notify our representative as soon as
notify us if you are called to active duty or receive deployment or
possible on a business day. We'll act with customary diligence to make
permanent change-of-station orders.
repairs and reconnections, taking into consideration when casualty
24. RESIDENT SAFETY AND PROPERTY LOSS. You and all occupants and insurance proceeds are received. Rent will not abate in whole or in part.
guests must exercise due care for your own and others' safety and security,
If we believe that fire or catastrophic damage is substantial, or that
especially in the use of smoke detectors, keyed deadbolt locks, keyless
performance of needed repairs poses a danger to you, we may terminate
bolting devices, window latches, and other safety or security devices. You
this Lease Contract within a reasonable time by giving you written notice.
agree to make every effort to follow the Security Guidelines on page 5.
If the Lease Contract is so terminated, we'll refund prorated rent and all
Smoke Detectors. We'll furnish smoke detectors and we'll test them and deposits, less lawful deductions.
provide working batteries when you first take possession. After that, you
27. ANIMALS. No animals (including mammals, reptiles, birds, fish,
must pay for and replace batteries as needed, unless the law provides
rodents and insects) are allowed, even temporarily, anywhere in the
otherwise. We may replace dead or missing batteries at your expense,
apartment or apartment community unless we've so authorized in
without prior notice to you. You must immediately report smoke detector
writing. If we allow an animal, you must sign a separate animal
malfunctions to us. Neither you nor others may disable smoke detectors.
addendum, which may require additional deposits, rents, fees or other
If you damage or disable the smoke detector or remove a battery without
charges. An animal deposit is considered a general security deposit. You
replacing it with a working battery, you may be liable to us for $100 plus
must remove an illegal animal within 24 hours of notice from us, or you
one month's rent, actual damages, and attorney's fees. If you disable or
will be considered in default of this Lease Contact. We will authorize a
damage the smoke detector, or fail to replace a dead battery or report
support animal for a disabled (handicapped) person. We may require a
known smoke detector malfunctions to us, you will be liable to us and
written statement from a qualified professional verifying the need for the
others for any loss, damage, or fines from fire, smoke, or water.
support animal. You must not feed stray or wild animals.
Casualty Loss. We're not liable to any resident, guest, or occupant for
personal injury or damage or loss of personal property from any cause, If you or any guest or occupant violates animal restrictions (with or
including but not limited to: fire, smoke, rain, flood, water and pipe leaks, without your knowledge), you'll be subject to charges, damages, eviction,
hail, ice, snow, lightning, wind, explosions, interruption of utilities, theft, and other remedies provided in this Lease Contract. If an animal has been
or vandalism unless otherwise required by law. We have no duty to in the apartment at any time during your term of occupancy (with or
remove any ice, sleet, or snow but may remove any amount with or without our consent), we'll charge you for defleaing, deodorizing, and
without notice. Unless we instruct otherwise, you must--for 24 hours a shampooing. Initial and daily animal-violation charges are liquidated
day during freezing weather--(1) keep the apartment heated to at least 50 damages for our time, inconvenience, and overhead (except for attorney's
degrees; (2) keep cabinet and closet doors open; and (3) drip hot and cold fees and litigation costs) in enforcing animal restrictions and rules. We
water faucets. You'll be liable for damage to our and others' property if may remove an unauthorized animal by following the procedures of
damage is caused by broken water pipes due to your violating these paragraph 28 and 32. We won't be liable for loss, harm, sickness, or death
requirements. If you ask our representatives to perform services not of the animal unless due to our negligence. We'll return the animal to you
contemplated in this Lease Contract, you will indemnify us and hold us upon request if it has not already been turned over to a humane society or
harmless from all liability for these services. local authority. You must pay for the animal's reasonable care and
kenneling charges. We have no lien on the animal for any purpose.
Crime or Emergency. Dial 911 or immediately call local medical
emergency, fire, or police personnel in case of accident, fire, smoke, or
suspected criminal activity, or other emergency involving imminent harm.
You should then contact our representative. You won't treat any of our
security measures as an express or implied warranty of security, or as a
Page 3 of 6
28. WHEN WE MAY ENTER. If you or any guest or occupant is present, then retrieving property owned or leased by former residents; inspecting
repairers, servicers, contractors, our representatives or other persons listed when immediate danger to person or property is reasonably
in (2) below may peacefully enter the apartment at reasonable times for suspected; allowing persons to enter as you authorized in your
the purposes listed in (2) below. If nobody is in the apartment, then such rental application (if you die, are incarcerated, etc.); allowing entry by
persons may enter peacefully and at reasonable times by duplicate or a law officer with a search or arrest warrant, or in hot pursuit;
master key (or by breaking a window or other means when necessary in showing apartment to prospective residents (after move-out or vacate
emergencies) if: notice has been given); or showing apartment to government
inspectors, fire marshals, lenders, appraisers, contractors, prospective
(1) written notice of the entry is left in a conspicuous place in the
buyers, or insurance agents.
apartment immediately after the entry; and
(2) entry is for: responding to your request; making repairs or 29. MULTIPLE RESIDENTS OR OCCUPANTS. Each resident is jointly
replacements; estimating repair or refurbishing costs; performing and severally liable for all Lease Contract obligations. If you or any
pest control; doing preventive maintenance; changing filters; testing guest or occupant violates the Lease Contract or rules, all residents are
or replacing smoke-detector batteries; retrieving unreturned tools, considered to have violated the Lease Contract. Our requests and notices
equipment or appliances; preventing waste of utilities; exercising (including sale notices) to any resident constitute notice to all residents
our contractual lien; leaving notices; delivering, installing, and occupants. Notices and requests from any resident or occupant
reconnecting, or replacing appliances, furniture, equipment, or (including notices of Lease Contract termination, repair requests, and
security devices; removing or rekeying unauthorized security entry permissions) constitute notice from all residents. In eviction suits,
devices; removing unauthorized window coverings; stopping each resident is considered the agent of all other residents in the
excessive noise; removing health or safety hazards (including apartment for service of process. Security deposit refunds may be by one
hazardous materials), or items prohibited under our rules; check and any deduction itemizations may be mailed to one resident only.
removing perishable foodstuffs if your electricity is disconnected;
Replacements
30. REPLACEMENTS AND SUBLETTING. Replacing a resident, sub- Procedures for Replacement. If we approve a replacement resident,
letting, or assignment is allowed only when we consent in writing. If then, at our option: (1) the replacement resident must sign this Lease
departing or remaining residents find a replacement resident acceptable Contract with or without an increase in the total security deposit; or (2)
to us before moving out and we expressly consent to the replacement, the remaining and replacement residents must sign an entirely new
subletting, or assignment, then: Lease Contract. Unless we agree otherwise in writing, your security
deposit will automatically transfer to the replacement resident as of the
(1) a reletting charge will not be due;
date we approve. The departing resident will no longer have a right to
(2) an administrative (paperwork) and/or transfer fee will be due, and
occupancy or a security deposit refund, but will remain liable for the
a rekeying fee will be due if rekeying is requested or required; and
remainder of the original Lease Contract term unless we agree
(3) you will remain liable for all Lease Contract obligations for the rest
otherwise in writing--even if a new Lease Contract is signed.
of the original Lease Contract term.
General Clauses
33. MISCELLANEOUS. Neither we nor any of our representatives have Our not enforcing or belatedly enforcing written-notice requirements,
made any oral promises, representations, or agreements. This Lease rental due dates, acceleration, liens, or other rights isn't a waiver under
Contract is the entire agreement between you and us. Our any circumstances. Except when notice or demand is required by
representatives (including management personnel, employees, and statute, you waive any notice and demand for performance from us if
agents) have not authority to waive, amend, or terminate this Lease you default. Written notice to or from our managers constitutes notice
Contract or any part of it, unless in writing, and no authority to make to or from us. Any person giving a notice under this Lease Contract
promises, representations, or agreements that impose security duties or should retain a copy of the memo, letter or fax that was given. Fax
other obligations on us or our representatives unless in writing. No signatures are binding. All notices must be signed.
action or omission of our representative will be considered a waiver of
of any subsequent violation, default, or time or place of performance.
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Exercising one remedy won't constitute an election or waiver of other acts of terrorism, riots, flood, fire, hurricane, tornado, sabotage, or other
remedies. Insurance subrogation is waived by all parties. All remedies occurrence which is beyond the control of the parties, then we shall be
are cumulative. No employee, agent, or management company is excused from any further performance of obligations and undertakings
personally liable for any of our contractual, statutory, or other hereunder, to the full extent allowed under applicable law.
obligations merely by virtue of acting on our behalf. This Lease Contract
Furthermore, if such an event damages the property to materially affect
binds subsequent owners. Neither an invalid clause nor the omission of
its habitability by some or all residents, we reserve the right to vacate
initials on any page invalidates this Lease Contract. All notices and
any and all leases and you agree to excuse us from any further
documents may be in English and, at our option, in any language that
performance of obligations and undertakings hereunder, to the full
you read or speak. All provisions regarding our non- liability and
extent allowed under applicable law.
non-duty apply to our employees, agents, and management companies.
This Lease Contract is subordinate or superior to existing and future 34. PAYMENTS. Payment of all sums is an independent covenant. At our
recorded mortgages, at lender's option. All Lease Contract obligations option and without notice, we may apply money received (other than sale
must be performed in the county where the apartment is located. proceeds under paragraph 13 or utility payments subject to governmental
regulations) first to any of your unpaid obligations, then to current
Cable channels that are provided may be changed during the Lease
rent--regardless of notations on checks or money orders and regardless
Contract term if the change applies to all residents. Utilities may be used
of when the obligations arose. All sums other than rent are due upon our
only for normal household purposes and must not be wasted. If your
demand. After the due date, we do not have to accept the rent or any
electricity is ever interrupted, you must use only battery-operated lighting.
other payments.
WAIVER OF JURY TRIAL. To minimize legal expenses and, to the
35. ASSOCIATION MEMBERSHIP. We represent that either: (1) we or;
extent allowed by law, you and we agree that a trial of any lawsuit
(2) the management company that represents us, is at the time of
based on statute common law, and/or related to this Lease Contract
signing this Lease Contract or a renewal of this Lease Contract, a
shall be to a judge and not a jury.
member of both the National Apartment Association and any affiliated
All discretionary rights reserved for us within this Lease Contract or state and local apartment (multi-housing) associations for the area
any accompanying addenda are at our sole and absolute discretion. where the apartment is located.
Obligation to Vacate. Resident shall vacate the Premises and removal
all of Resident's personal property therefrom at the expiration of the
lease term without further notice or demand from Owner.
FORCE MAJEURE: If we are prevented from completing performances
of any obligations hereunder by an act of God, strikes, epidemics, war,
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correction, modification, or disapproval before final refunding or your actual move-out date; (2) accelerated rent if you have violated
accounting. paragraph 32; and (3) a reletting fee if you have violated paragraph 11.
41. SECURITY DEPOSIT DEDUCTIONS AND OTHER CHARGES. 42. DEPOSIT RETURN, SURRENDER, AND ABANDONMENT. We'll
You'll be liable for the following charges, if applicable: unpaid mail you your security deposit refund (less lawful deductions) and an
rent; unpaid utilities;unreimbursed service charges; repairs or itemized accounting of any deductions no later than 45 days after
damages caused by negligence, carelessness, accident, or surrender or abandonment, unless statutes provide otherwise.
abuse, including stickers,scratches, tears, burns, stains, or You have surrendered the apartment when: (1) the move-out date has
unapproved holes; replacement cost of our property that was in or passed and no one is living in the apartment in our reasonable
attached to the apartment and is missing;replacing dead or missing judgment; or (2) all apartment keys and access devices listed in
smoke-detector batteries; utilities for repairs or cleaning; trips to let paragraph 5 have been turned in where rent is paid--whichever date
in company representatives to remove your telephone or TV cable occurs first.
services or rental items (if you so request or have moved out); trips to
You have abandoned the apartment when all of the following have
open the apartment when you or any guest or occupant is missing a occurred: (1) everyone appears to have moved out in our reasonable
key; unreturned keys; missing or burned-out light bulbs; removing or judgment; (2) clothes, furniture, and personal belongings have been
rekeying unauthorized security devices or alarm systems; agreed substantially removed in our reasonable judgment; (3) you've been in
reletting charges; packing, removing, or storing property default for non-payment of rent for 5 consecutive days, or water, gas, or
removed or stored under paragraph 13; removing illegally parked electric service for the apartment not connected in our name has been
vehicles; special trips for trash removal caused by parked terminated; and (4) you've not responded for 2 days to our notice left
vehicles blocking dumpsters; false security-alarm charges unless due to on the inside of the main entry door, stating that we consider the
our negligence; animal-related charges under paragraphs 6 and 27; apartment abandoned. An apartment is also "abandoned" 10 days after
government fees or fines against us for violation (by you, your the death of a sole resident.
occupants, or guests) of local ordinances relating to smoke detectors, Surrender, abandonment, or judicial eviction ends your right of
false alarms, recycling, or other matters; late-payment and returned- possession for all purposes and gives us the immediate right to: clean
check charges; a charge (not to exceed $100) for our time and up, make repairs in, and relet the apartment; determine any security
inconvenience in any valid eviction proceeding against you, plus deposit deductions; and remove property left in the apartment.
attorney's fees, court costs, and filing fees actually paid; and other sums Surrender, abandonment, and judicial eviction affect your rights to
due under this Lease Contract. property left in the apartment (paragraph 13), but do not affect our
mitigation obligations (paragraph 32).
You'll be liable to us for: (1) charges for replacing all keys and access
devices referenced in paragraph 5 if you fail to return them on or before
43. ORIGINALS AND ATTACHMENTS. This Lease Contract has been Name and address of locator service (if applicable)
executed in multiple originals, each with original signatures--one for
you and one or more for us. Our rules and community policies, if any,
will be attached to the Lease Contract and given to you at signing.
When an Inventory and Condition form is completed, both you and we
should retain a copy. The items checked below are attached to this
Lease Contract and are binding even if not initialed or signed.
Resident or Residents (all sign below)
 Animal Addendum Blacey Futtner
X
 Inventory and Condition Form
 Mold Addendum
X
 Enclosed Garage Addendum
 Community Policies Addendum
 Lease Contract Guaranty ( guaranties, if more than one)
 Notice of Intent to Move Out Form
 Parking Permit or Sticker (quantity: ) Owner or Owner's Representative (signing on behalf of owner)
 Satellite Dish or Antenna Addendum
 Asbestos Addendum (if asbestos is present)
 Lead Hazard Information and Disclosure Addendum (federal)
Address and phone number of owner's representative for notice purposes
Â
X Utility Addendum
Remote Control, Card or Code Access Gate Addendum PROSPERITUS SOLUTIONS
Â
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X Lease Contract Buy-Out Agreement 2308 1st St,
 Intrusion Alarm Addendum
 Other Rosenberg, TX 77471
 Other
You are legally bound by this document. Please read it carefully.
Date form is filled out (same as on top of page 1) 10/31/2023 Before submitting a rental application or signing a Lease Contract, you
may take a copy of these documents to review and/or consult an attorney.
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