Texas Residential Lease Agreement

Texas Residential Lease Agreement

This Texas Residential Lease Agreement (the "Agreement" or "Lease") is made effective as of the Agreement date stated in the Data Schedule, between the Landlord and the Tenant(s) identified in the Data Schedule. Landlord leases to Tenant the residential dwelling located in the county and at the Premises address stated in the Data Schedule (the "Premises"). For good and valuable consideration, Landlord and Tenant agree as follows:

1. Term. This Agreement shall commence on the Commencement Date stated in the Data Schedule, under the term of tenancy elected in the Data Schedule.

(a) Lease for Term. If a fixed term is elected in the Data Schedule, this Agreement shall continue as a lease for term, and the termination date shall be the Termination Date stated in the Data Schedule, at 11:59 PM. Upon termination date, Tenant shall be required to vacate the Premises unless one of the following circumstances occur: (i) Landlord and Tenant formally extend this Agreement in writing or create and execute a new, written, and signed agreement; (ii) state or local law mandates extension of the tenancy; or (iii) Landlord willingly accepts new Rent from Tenant, which does not constitute past due Rent. In the event that Landlord accepts from Tenant new rent, a month-to-month tenancy shall be created. Either party may terminate this month-to-month tenancy by following the procedures specified in § 1(b). Rent shall continue at the rate specified in this Agreement, or as allowed by law. All other terms and conditions as outlined in this Agreement shall remain in full force and effect.

(b) Month-to-Month. If a month-to-month tenancy is elected in the Data Schedule, this Agreement shall continue as a month-to-month tenancy. If at any time Tenant desires to terminate the tenancy, Tenant may do so by providing to Landlord written notice of intention to terminate. Such notice to terminate must be provided to Landlord at least 30 days prior to the desired date of termination of the tenancy. If at any time Landlord desires to terminate the tenancy, Landlord may do so by providing to Tenant such written notice of intention to terminate at least 30 days prior to the desired date of termination of the tenancy. Notices to terminate may be given on any calendar day, irrespective of the Commencement Date, and the tenancy shall terminate on the date stated in the notice, which must be at least thirty (30) days after the notice is given. Landlord and Tenant expressly agree in this signed instrument that this notice procedure applies instead of the default rule in Section 91.001 of the Texas Property Code.

If neither option is elected in the Data Schedule, the tenancy is a month-to-month tenancy terminable under § 1(b).

2. Rent. Under the terms of this Agreement, "Rent" shall consist of all monetary obligations owed to Landlord by Tenant in accordance with this Agreement. However, the Security Deposit shall not be considered Rent. Tenant shall pay the Monthly Rent stated in the Data Schedule, in advance, at the payment address or by the payment method stated in the Data Schedule. Due date for Rent payment shall be the 1st day of each calendar month and shall be considered advance payment for that month. If not remitted on the 1st, Rent shall be considered overdue and delinquent on the 2nd day of each calendar month. In the event that the Commencement Date is not the 1st of the calendar month, Rent payment remitted on the Commencement Date shall be prorated based on a 30-day period.

Permitted payment methods (check all that apply):

Check Money order Cashier's check Electronic payment

Other:

If any payment by Tenant is returned for insufficient funds or if Tenant stops payment, Tenant shall pay Landlord a returned-payment charge of $30.00 (the maximum processing fee permitted by Section 3.506, Texas Business & Commerce Code), plus any late charges that accrue under § 26 (Late Charges) until good funds are received. In addition, Landlord may require in writing that all Rent payments for the following three (3) months, and thereafter at Landlord's option, be made by money order, cashier's check, certified funds, or another payment method approved by Landlord in writing.

3. Security Deposit. The following terms set forth the understanding between Landlord and Tenant regarding the security deposit funds, interest accrued on those funds, the refunding of the security deposit, notices under Texas law concerning security deposits, and permitted deductions under this Agreement.

Security Deposit and Replenishment. Upon the execution of this Agreement by Landlord and Tenant, Tenant shall deposit with Landlord the Security Deposit stated in the Data Schedule, receipt of which is hereby acknowledged by Landlord. The Security Deposit secures Tenant's obligations under this Agreement and is governed by Subchapter C, Chapter 92, Texas Property Code. “Security Deposit” has the meaning assigned to that term in §92.102 of the Texas Property Code. In the event that Landlord shall at any time apply any of such Security Deposit to cover unpaid rent, the late fee, costs to repair damage caused to the Premises, or any other fees or charges owed by Tenant under this Agreement, then, upon the request of Landlord to Tenant specifying the amount so applied, Tenant shall immediately deposit with Landlord, as an additional security deposit, the amount so applied, so that the security deposit held by Landlord shall at all times during the term hereof be equal to the aforementioned amount specified in this section.

Interest. Landlord shall pay no interest to Tenant for the security deposit. Landlord may place the security deposit in an interest-bearing or income-producing account and any interest or income earned will be paid to Landlord.

Refund and Advance Notice of Surrender. Tenant must give Landlord at least thirty (30) days' advance written notice of surrender before Landlord is obligated to refund or account for the Security Deposit. This requirement is printed in conspicuous bold type as required by Section 92.103(b) of the Texas Property Code. Landlord's obligation to refund or account for the Security Deposit remains subject to the deadlines and requirements of Texas Property Code Sections 92.103 and 92.107 after Tenant surrenders the Premises and gives Landlord a written forwarding address.

Deductions. Landlord may deduct from the Security Deposit reasonable charges for damages and charges for which Tenant is legally liable under this Agreement or Texas law, including damage to the Premises other than normal wear and tear, unpaid Rent, unpaid utilities or other charges owed under this Agreement, and other damages caused by Tenant's breach. Landlord may not withhold any portion of the Security Deposit for normal wear and tear. If Landlord retains any portion of the Security Deposit, Landlord shall provide a written description and itemized list of deductions unless an exception under Texas Property Code Section 92.104 applies.

If deductions exceed the security deposit, Tenant will pay to Landlord the excess within ten (10) days after written demand.

§92.108, Texas Property Code provides that a tenant may not withhold payment of any portion of the last month’s rent on grounds that the security deposit is security for unpaid rent.

If Landlord in bad faith fails to provide the accounting and refund required by Texas law, Tenant may have the remedies provided by Texas Property Code Section 92.109, including statutory damages, attorney's fees, and costs. If Tenant in bad faith fails to surrender the Premises or otherwise violates Section 92.108, Landlord may have the remedies provided by that section.

If this Lease is entered into without a Security Deposit and Landlord later seeks to report alleged damages or charges to a consumer reporting agency or third-party debt collector, Landlord must first give any notice required by Texas Property Code Section 92.110, unless an exception applies.

4. Use of Premises. The Premises shall be used and occupied exclusively as a private residential dwelling by Tenant and the following authorized occupants:

Tenant may not use the Premises for a business, profession, trade, unlawful purpose, or other nonresidential purpose without Landlord's prior written consent. Occupancy limits, guest policies, and any related rules must be applied in compliance with applicable fair-housing law and local occupancy standards.

5. Condition of Premises. Tenant acknowledges that Tenant has had an opportunity to inspect the Premises and accepts the Premises in its present condition, except as otherwise stated in writing. Nothing in this Agreement waives Landlord's duties or Tenant's remedies under Chapter 92 of the Texas Property Code, including the nonwaivable duties and remedies relating to conditions that materially affect the physical health or safety of an ordinary tenant.

Tenant and Landlord may complete and sign a move-in inventory and condition form. Any signed move-in condition form is incorporated into this Lease for the limited purpose of documenting the condition of the Premises at move-in.

Any move-in inventory and condition form completed by the parties should be attached to this Agreement and identified in § 48 (Addenda and Disclosures).

6. Assignment and Subletting. Tenant shall not assign this Agreement, or sub-let or grant any license to use the Premises or any part thereof, without the prior written consent of Landlord. A consent by Landlord to one such assignment, sub-letting, or license shall not be deemed to be a consent to any subsequent assignment, sub-letting, or license. Any assignment, sub-letting, or license without the prior written consent of Landlord, or any assignment or sub-letting by operation of law, including by bankruptcy, insolvency, or receivership, shall be null and void and shall, at Landlord’s option, constitute a default under this Agreement in addition to terminating this Agreement.

7. Alterations and Improvements. Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Agreement.

8. Non-Delivery of Possession. In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord or its agents, then Landlord or its agents shall have no liability, but the rental herein provided shall abate until possession is given. Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Agreement and all rights hereunder shall terminate.

If Landlord is unable to deliver possession of the Premises to Tenant on the Commencement Date and Tenant terminates this Agreement as permitted by this paragraph, Landlord shall promptly refund to Tenant any prepaid Rent and Security Deposit, less lawful deductions, if any.

9. Smoke Alarms. Landlord shall install and maintain smoke alarms as required by Sections 92.255 through 92.2611 of the Texas Property Code. Landlord certifies that the Premises are equipped with smoke alarms in good working order at the commencement of this Agreement. Tenant shall test all smoke alarms at least once each month and shall promptly provide written notice to Landlord of any malfunction, including low batteries. Landlord shall repair or replace any malfunctioning smoke alarm within a reasonable time after receiving written notice. Tenant may install additional smoke alarms at Tenant’s expense. Failure by either party to comply with this paragraph may subject that party to the remedies provided by Section 92.2611 of the Texas Property Code.

Tenant must not disconnect or intentionally damage a smoke alarm, remove the battery from a smoke alarm without immediately replacing it with a working battery, or knowingly permit another person to do so. Tenant may be liable for damages, civil penalties, and attorney's fees under Section 92.2611 of the Texas Property Code.

10. Landlord's Responsibilities; Repairs and Remedies. Landlord shall act with customary diligence to: maintain fixtures, hot water, heating, and A/C equipment; substantially comply with all applicable laws regarding safety, sanitation, and fair housing; keep common areas reasonably clean (if any, and if Landlord is the proprietor of any such common areas); and make all reasonable repairs, subject to Tenant's obligation to pay for damages for which Tenant is liable. If Landlord fails to act as required under this Paragraph, Tenant may potentially terminate this Agreement and exercise the remedies described in Texas Property Code Section 92.056 by following this procedure: (a) provided that the rent is not currently delinquent, Tenant shall make a written request for repair or remedy of the condition, and upon receipt of the request, Landlord shall have a reasonable time for repair or remedy; (b) if Landlord fails to repair or remedy, Tenant must make a second written request for the repair or remedy (to make sure Landlord and Tenant have not miscommunicated), after which Landlord shall have a reasonable time for the repair or remedy; and (c) if Landlord still does not repair or remedy within that reasonable time period, then by giving Landlord a final written notice, Tenant may immediately terminate this Agreement. Tenant may also exercise other statutory remedies, including those under Texas Property Code Section 92.0561.

Instead of providing the two written requests described in the preceding paragraph, Tenant may provide Landlord with one request, provided that Tenant transmits such notice to Landlord by certified mail, return receipt requested, or by registered mail, to the address specified in § 36 (Notices). After Landlord receives such request, Landlord shall have a reasonable time for repair or remedy. (For example, a lack of potable water or essential services must ordinarily be remedied within three (3) days under Section 92.056(e) of the Texas Property Code.) “Reasonable time” takes into account the nature of the problem and the reasonable availability of labor, materials, and utilities. Tenant's rent is required to be current at the time of the request. Landlord shall refund security deposits and prorated rent as required under law.

Tenant shall promptly notify Landlord of any condition requiring repair. Notice should be given to the person, place, or method designated in this Lease for notices or rent payments, or to any other person authorized by Texas Property Code Section 92.052(d). Nothing in this Agreement waives Landlord's duties or Tenant's remedies under Sections 92.052 through 92.061 of the Texas Property Code.

Before exercising statutory remedies for a condition that materially affects the physical health or safety of an ordinary tenant, Tenant must comply with the notice, rent-current, and opportunity-to-repair requirements of Texas law. If applicable law requires a second notice or a notice sent by certified mail, registered mail, or another trackable delivery method, Tenant must comply with that requirement before exercising statutory remedies.

11. Utilities. Tenant shall be responsible for arranging for and paying for all utility services required on the Premises. Landlord shall not be liable for any interruption or failure of utility services that is not caused by Landlord’s negligence or willful act. If any utility service is provided in Landlord’s name, Tenant shall reimburse Landlord for the cost of such service upon demand.

Nothing in this paragraph permits Landlord to interrupt, disconnect, or cause the interruption of utility service except as permitted by Texas law, including Texas Property Code Sections 92.008 and 92.301-92.302, or other applicable law. If any utility is master-metered, landlord-paid, allocated, or submetered, the parties shall complete any required addendum or disclosure.

12. Maintenance; Tenant Conduct. Tenant shall, at Tenant's expense, keep the Premises clean and sanitary and shall be responsible for damage caused by Tenant, Tenant's occupants, guests, or invitees, except to the extent Texas law makes the repair Landlord's nonwaivable responsibility. Tenant is not responsible for conditions Landlord is required to repair under Chapter 92 of the Texas Property Code unless a written agreement, if any, is permitted by Texas Property Code Section 92.006. Without limiting the generality of the foregoing, Tenant shall: Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only; Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair; Not obstruct or cover the windows or doors; Not leave windows or doors in an open position during any inclement weather; Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same within any yard area or space; Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord; Keep all air conditioning filters clean and free from dirt; Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant; And Tenant’s family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents; Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents; Deposit all trash, garbage, rubbish or refuse in the locations provided and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements; Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant thereto which may be adopted or promulgated by the Condominium or Homeowners’ Association having control over them; Tenant shall not keep on the Premises any dangerous, flammable, explosive, or hazardous item, except that this paragraph does not prohibit the lawful possession, carrying, transportation, or storage of firearms, firearm parts, or ammunition protected by Texas Property Code Section 92.026..

13. Security Devices and Rekeying. Landlord shall rekey all key-operated exterior locks not later than the seventh (7th) day after each Tenant moves into the Premises, and shall install and maintain all required security devices, including keyless deadbolts, door viewers, and sliding-door latches, as required by Sections 92.151 through 92.170 of the Texas Property Code. Tenant shall not alter, replace, or rekey any lock or security device without the prior written consent of Landlord. Tenant shall make all requests for repair, replacement, or installation of a security device in writing, and Landlord shall perform such repair, replacement, or installation within a reasonable time as required by law.

Landlord shall install, rekey, and maintain security devices as required by Subchapter D, Chapter 92 of the Texas Property Code. Landlord shall rekey each exterior door lock at Tenant turnover as required by Section 92.156(a). Landlord may charge Tenant for rekeying or security-device costs only to the extent permitted by Texas Property Code Sections 92.162 and related provisions.

14. Insurance. Landlord, Landlord’s agent or manager, or, if applicable, the Condominium or Homeowners’ Association, are not responsible for insuring Tenant’s or Tenant’s permitted visitors’ personal property and vehicles against loss or damage due to theft, vandalism, fire, water, rain, criminal or negligent acts of others, or any other cause. Landlord has advised Tenant to carry Tenant’s own insurance (renter’s insurance) to protect Tenant from any such loss or damage. The parties agree that, upon notification by Landlord, Tenant shall take all actions necessary to avoid: (i) an increase in Landlord’s insurance premium (or Tenant shall pay for the increase in premium); or (ii) loss of insurance.

Tenant is responsible for insuring Tenant's personal property and liability unless otherwise required by law. Nothing in this paragraph makes Tenant responsible for losses caused by Landlord's failure to perform a nonwaivable duty, Landlord's negligence, or any matter that cannot lawfully be shifted to Tenant.

15. Damage to Premises; Casualty. If the Premises are damaged or destroyed by fire, casualty, or other cause not due to Tenant's negligence or fault and the Premises are totally unusable for residential purposes, either Landlord or Tenant may terminate this Agreement as permitted by Texas Property Code Section 92.054. If the Premises are partially unusable for residential purposes, Tenant may be entitled to a proportionate rent reduction or other remedies as provided by Texas law. Nothing in this paragraph waives rights or remedies under Section 92.054.

16. Landlord's Access and Inspection. Landlord and Landlord's agents may enter the Premises at reasonable times for a lawful purpose, including inspection, repairs, maintenance, showing the Premises, or responding to an emergency. Except in an emergency, abandonment, court order, or other circumstance in which advance notice is impracticable or not required by law, Landlord will make reasonable efforts to give Tenant at least the number of hours stated in the Data Schedule' prior notice before entry.

Landlord and its agents shall further have the right to exhibit the Premises and to display the usual “for sale”, “for rent” or “vacancy” signs on the Premises at any time within forty-five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions that do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.

17. Subordination of Lease. This Agreement and Tenant’s interest hereunder are and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances.

18. Tenant's Holdover. If Tenant remains in possession after this Agreement ends without Landlord's written consent, Tenant is a holdover tenant and shall pay holdover Rent in the following amount: the holdover monthly Rent stated in the Data Schedule.

Acceptance of holdover Rent does not waive Landlord's right to terminate possession unless Landlord agrees otherwise in writing.

19. Surrender of Premises. Tenant surrenders the Premises when Tenant has vacated, removed Tenant's personal property except property abandoned under law, returned all keys and access devices, and given Landlord possession. Tenant shall return the Premises in clean condition, ordinary wear and tear excepted.

SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted.

20. Pets and Assistance Animals. Tenant shall be entitled to keep no more than domestic dogs, cats or birds.

Any pet deposit, nonrefundable pet fee, or monthly pet rent is stated below. Any nonrefundable pet fee shall be used upon the termination or expiration of this Agreement for the purposes of cleaning the carpets of the building.

REFUNDABLE PET DEPOSIT, IF ANY ($)

NONREFUNDABLE PET FEE, IF ANY ($)

MONTHLY PET RENT, IF ANY ($)

No pet deposit, pet fee, pet rent, or other pet charge applies to an assistance animal, service animal, or support animal when prohibited by applicable fair-housing or disability law. Nothing in this paragraph limits Tenant's liability for actual damage caused by an animal to the extent permitted by law.

21. Quiet Enjoyment. Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and Tenant’s performance of all Tenant’s agreements contained herein and Tenant’s observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof.

22. Indemnification. Landlord shall not be liable for any damage or injury to Tenant, Tenant’s family, guests, invitees, agents, or employees, or to any other person entering the Premises, or to any property of any such persons, unless such damage or injury is caused by Landlord’s negligence or failure to perform a duty imposed by the Texas Property Code or other applicable law.

Tenant shall indemnify Landlord only to the extent the claim, damage, loss, or expense is caused by Tenant, Tenant's occupants, guests, invitees, or pets, and only to the extent permitted by law. Nothing in this paragraph requires Tenant to indemnify Landlord for Landlord's negligence, willful misconduct, or breach of a nonwaivable statutory duty.

23. Default; Eviction; Landlord's Lien. If Landlord determines that Tenant is in default of this Agreement, Landlord may terminate Tenant’s right to occupy the Premises by providing Tenant with a written Notice to Vacate that complies with Section 24.005 of the Texas Property Code, as amended.

Before filing an eviction suit, Landlord shall give any notice to vacate required by Texas Property Code Section 24.005 and this Agreement. Unless a different lawful period is stated in this Agreement, the notice period is at least three (3) days. Notice to vacate must be delivered by a method permitted by Section 24.005, which may include mail, hand delivery to Tenant or a person residing at the Premises who is at least 16 years of age, delivery inside the Premises in a conspicuous place, electronic notice if the parties have agreed in writing, or another method permitted by current law.

In addition, all unpaid rent payable during the remainder of this Agreement or any renewal period shall be accelerated without notice or demand, subject to Landlord’s duty to mitigate damages as provided by Section 91.006 of the Texas Property Code. Tenant shall remain fully liable to Landlord for (a) any lost rent and any other financial obligation imposed by this Agreement; (b) Landlord’s cost of reletting the Premises, including but not limited to leasing fees, utility charges, and other reasonable expenses; (c) repairs to the Premises beyond normal wear and tear; (d) Landlord’s court costs and reasonable attorney’s fees; and (e) any other recovery to which Landlord is entitled by law or in equity.

Any eviction suit shall be filed in the justice court with jurisdiction under Chapter 24 of the Texas Property Code. Time periods shall be computed under Section 24.0042 and other applicable law. To initiate an eviction suit, Landlord must file a sworn petition that complies with Section 24.00505 and the Texas Rules of Civil Procedure. The justice court shall adjudicate the right to actual possession and may not adjudicate title; counterclaims and third-party joinder are not permitted in eviction suits under Section 24.004(c), without prejudice to separate suits permitted by law.

Nothing in this Agreement permits Landlord to exclude Tenant from the Premises, change door locks, or otherwise lock out Tenant except as permitted by Texas Property Code Section 92.0081 and other applicable law. If locks are changed for delinquent rent, Landlord must comply with all statutory notice and key-access requirements.

CONTRACTUAL LANDLORD'S LIEN. TO THE EXTENT PERMITTED BY TEXAS PROPERTY CODE CHAPTER 54, SUBCHAPTER C, TENANT GRANTS LANDLORD A CONTRACTUAL LANDLORD'S LIEN ON TENANT'S NONEXEMPT PERSONAL PROPERTY LOCATED IN THE PREMISES OR IN A STORAGE ROOM FOR UNPAID RENT THAT IS DUE. THIS LIEN DOES NOT APPLY TO PROPERTY EXEMPT UNDER TEXAS PROPERTY CODE SECTION 54.042 OR OTHER APPLICABLE LAW. LANDLORD MAY SEIZE, STORE, SELL, OR OTHERWISE DISPOSE OF PROPERTY ONLY IF AND TO THE EXTENT AUTHORIZED BY THIS AGREEMENT AND TEXAS PROPERTY CODE SECTIONS 54.041 THROUGH 54.048.

24. Notice to Vacate. Any notice to vacate or eviction-related notice must comply with the notice period and delivery requirements of Texas Property Code Chapter 24 as in effect when the notice is given. No additional mail-extension period applies unless required by then-current law.

25. Right to Vacate and Avoid Liability. RIGHT TO VACATE AND AVOID LIABILITY UNDER CERTAIN CIRCUMSTANCES. Tenants may have special statutory rights to terminate this Lease early in certain situations involving family violence, certain sexual offenses, or stalking. In addition, tenants may have special statutory rights to terminate this Lease early in certain situations involving military deployment or transfer. These rights are described in Sections 92.016 (family violence), 92.0161 (sexual offense or stalking), and 92.017 (military service) of the Texas Property Code.

Nothing in this paragraph limits any right Tenant may have under the federal Servicemembers Civil Relief Act.

26. Late Charges. Tenant shall pay a late fee only if Rent remains unpaid two (2) full days after the original due date, as required by Texas Property Code Section 92.019. The late fee must be reasonable. The parties acknowledge the following statutory reasonableness election:

The Premises is in a structure containing four (4) or fewer dwelling units; total late fees for any single late payment of Rent will not exceed 12 percent of the monthly Rent unless otherwise permitted by law.

The Premises is in a structure containing more than four (4) dwelling units; total late fees for any single late payment of Rent will not exceed 10 percent of the monthly Rent unless otherwise permitted by law.

The initial late fee, and the daily late fee if any, are stated in the Data Schedule. Any daily late fee is subject to the total cap elected above, and the combined initial and daily fees are a single late fee for purposes of Section 92.019 of the Texas Property Code.

27. Abandonment; Mitigation. If Tenant abandons the Premises or otherwise defaults, Landlord shall use reasonable efforts to mitigate damages as required by Texas Property Code Section 91.006. Tenant remains liable for Rent and other amounts owed under this Agreement only to the extent permitted by law after application of mitigation and any lawful offsets.

Landlord may remove, store, dispose of, or sell personal property left in the Premises only as permitted by this Agreement and applicable law, including any requirements under Texas Property Code Chapter 24 or Chapter 54 that apply after eviction, lockout, abandonment, or lien enforcement.

28. Attorneys' Fees. Should it become necessary for either party to employ an attorney to enforce any of the terms, conditions, or covenants of this Agreement, including the collection of rent or gaining possession of the Premises, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable expenses so incurred, including a reasonable attorneys’ fee, as permitted by Section 92.005 of the Texas Property Code.

Attorney's fees and costs are recoverable only to the extent provided by this Agreement and applicable law, including Texas Property Code Sections 24.006 and 92.005, and subject to any notice or prevailing-party requirements that apply.

29. Recording of Agreement. Tenant may not record this Agreement or a memorandum of this Agreement without Landlord's prior written consent. Unauthorized recording is a default, and Landlord may exercise any remedies available under this Agreement and applicable law.

30. Governing Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of Texas.

31. Severability. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.

32. Binding Effect. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto.

33. Headings and Construction. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant.

The pronouns used herein shall include, where appropriate, either gender or both, singular and plural.

34. Non-Waiver. No indulgence, waiver, election or non-election by Landlord under this Agreement shall affect Tenant’s duties and liabilities hereunder.

No waiver by either party is effective unless in writing and signed by the waiving party, except as otherwise provided by law. Nothing in this Agreement waives a right, duty, or remedy that cannot be waived under Texas Property Code Chapter 92 or other applicable law.

35. Modification. The parties agree that this document contains the entire agreement between them and supersedes all prior discussions, representations, or agreements, whether oral or written, relating to the Premises. This Agreement shall not be modified, changed, altered, or amended except by a written instrument signed by all parties hereto.

36. Notices. Except when a specific statute requires a different method, any notice under this Agreement must be in writing and may be delivered by hand delivery, U.S. mail, recognized delivery service, email or other electronic delivery if the parties have agreed to that method in writing, or any other method permitted by applicable law. A notice to vacate must comply with Texas Property Code Section 24.005. A security-deposit notice may be sent by email only to the extent permitted by Texas Property Code Section 92.113 or other applicable law. Notice addresses and email addresses for Landlord and Tenant are stated in the Data Schedule. Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party.

Email notice election. If checked, the parties agree that any notice under this Agreement may be given by email to the email addresses stated in the Data Schedule, EXCEPT (a) a notice to vacate, which must be delivered by a method permitted by Section 24.005 of the Texas Property Code, as amended; (b) a repair notice for which Tenant elects the single-notice procedure, which must be sent by certified mail, return receipt requested, registered mail, or another trackable method as provided in § 10; and (c) a security-deposit notice, which may be sent by email only to the extent permitted by Texas Property Code Section 92.113 or other applicable law. Email notice is effective when sent unless the sender receives an automated non-delivery response. Each party shall keep its email address in the Data Schedule current by written notice to the other party.

37. Emergency Phone Number. In the event of an emergency related to a condition of the Premises that materially affects the physical health or safety of the Tenant, the Tenant may report the emergency by calling the emergency phone number stated in the Data Schedule.

38. Owner and Manager Disclosure. In compliance with Texas Property Code Sections 92.201 through 92.205, Landlord discloses: Landlord shall inform Tenant in writing of any change within seven (7) days after the change occurs. The emergency phone number required by Texas Property Code Section 92.020, if applicable, is stated in the Data Schedule.

OWNER NAME

OWNER ADDRESS (STREET OR P.O. BOX)

MANAGEMENT COMPANY / MANAGER, IF ANY

ON-SITE MANAGER / RENT COLLECTOR, IF ANY

39. Lead-Based Paint Disclosure. If the Premises were constructed before 1978, Landlord shall provide to Tenant the disclosure form and the Environmental Protection Agency pamphlet titled “Protect Your Family from Lead in Your Home,” as required by 42 United States Code 4852d.

The Premises was built before 1978. The parties must complete and attach the federally required lead-based paint disclosure, and Landlord must provide any required pamphlet and records before execution.

The Premises was built in 1978 or later. The federal lead-based paint disclosure requirement does not apply based on the year built.

40. Mold Disclosure. If Landlord is aware of any prior mold remediation or visible mold conditions within the Premises, Landlord shall disclose such condition to Tenant in writing before move-in.

41. Flood Disclosure (Tex. Prop. Code § 92.0135). Floodplain Notice. (Landlord) is or is not aware that the dwelling you are renting is located in a 100-year floodplain. If neither box is checked, you should assume the dwelling is in a 100-year floodplain. Even if the dwelling is not in a 100-year floodplain, the dwelling may still be susceptible to flooding. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area. Most tenant insurance policies do not cover damages or loss incurred in a flood. You should seek insurance coverage that would cover losses caused by a flood.

Prior Flooding Notice. (Landlord) is or is not aware that the dwelling you are renting has flooded at least once within the last five years.

Landlord and Tenant must sign the lease, addendum, or separate document containing these notices at or before execution as required by Texas Property Code Section 92.0135.

42. Emergency Water Cutoff Information. Landlord provides the following information, if known and applicable:

MAIN WATER CUTOFF LOCATION

EMERGENCY MAINTENANCE CONTACT

This information is provided as a practical emergency reference and to satisfy any applicable local ordinance, utility rule, or property-specific requirement. It does not create a landlord repair obligation beyond applicable law.

43. Parking Rules. If the Premises is in a multiunit complex or other property subject to parking or towing rules, the applicable rules must be attached under a conspicuous heading titled 'Parking' or 'Parking Rules' and must comply with Texas Property Code Section 92.0131 and any applicable towing law.

Parking or towing rules apply to the Premises and are attached to this Agreement as the Parking Rules attachment, which is expressly referred to in and incorporated into this Agreement and must be signed by Tenant.

44. Emergency Assistance. Tenant has the right to summon police, fire, emergency medical, or other emergency assistance in response to family violence, another crime, or an emergency. Landlord may not prohibit or penalize Tenant for exercising rights protected by Texas Property Code Section 92.015.

45. Fair Housing. Landlord and Tenant shall comply with applicable federal, state, and local fair-housing and nondiscrimination laws. Nothing in this Agreement limits any reasonable accommodation or modification right required by law.

46. Fee in Lieu of Security Deposit. If Landlord offers Tenant a fee in lieu of a security deposit, Landlord must offer Tenant the option to pay a security deposit instead and must complete a separate fee-in-lieu addendum that complies with Texas Property Code Section 92.111.

47. Additional Provisions and Disclosures. Additional provisions and disclosures, if any, are stated below or in an attached addendum identified in § 48 (Addenda and Disclosures):

48. Addenda and Disclosures. The following addenda, disclosures, rules, or notices are attached and incorporated if checked:

Lead-Based Paint Disclosure

Flood Disclosure / Floodplain Notice

Parking Rules / Towing Rules

Pet Addendum

Mold / Moisture Addendum

Utility Allocation / Submetering Addendum

Fee in Lieu of Security Deposit Addendum

No-Security-Deposit Reporting Notice

HOA / Condominium / Community Rules

Move-In Inventory and Condition Form (§ 5)

Assistance Animal Documentation Addendum, if applicable and lawful

Local Ordinance Disclosure:

Other:

49. Originals, Attachments, and Copy of Lease. This Agreement has been executed in multiple originals, each with original signatures—one for Tenant and one or more for Landlord. Landlord’s rules and/or community policies, if any, are attached to this Agreement and given to Tenant at the time of the signing of this Agreement. When an Inventory and Condition form is completed, both Tenant and Landlord should retain a copy.

Landlord shall provide Tenant with a complete copy of this Agreement, including signed addenda and disclosures, within the time required by Texas Property Code Section 92.024.

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By signing below, Landlord and Tenant acknowledge that they have read this Agreement, received all checked addenda and disclosures, and agree to be bound by this Agreement.

LANDLORD SIGNATURE

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LANDLORD/AGENT SIGNATURE

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PRINTED NAME

TENANT SIGNATURE

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TENANT SIGNATURE

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TENANT SIGNATURE

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TENANT SIGNATURE

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