2017-Apartment-Lease-Contract-For-Website.pdf

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Moving In — General Information

1. Parties. This Lease Contract (“Lease”) is between you, the

resident(s) (list all people signing the Lease):

_________________________________________________________________

and us, the owner: ______________________________________________

_________________________________________________________________

(name of apartment community or title holder). You are rent-

ing Apartment No. ________________ , at __________________________

_________________________________________________________________

(street address) in _______________________________________________

(city), Texas ____________ (zip code) for use as a private residence

only. The terms “you” and “your” refer to all residents listed above

or, in the event of a sole resident’s death, to someone authorized

to act for the estate. The terms “we,” “us,” and “our” refer to the

owner listed above and not to property managers or anyone else.

Neither we nor any of our representatives have made any oral

promises, representations, or agreements. This Lease is the en-

tire agreement between you and us.

2. Occupants. The apartment will be occupied only by you and (list

all other occupants not signing the Lease):

_________________________________________________________________

—and no one else. Anyone not listed here cannot stay in the

apartment for more than _______ 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 lled in, 2 days total

per week will be the limit.

3. Lease Term. The initial term of the Lease begins on the _________

day of ____________________________________________________ (month),

_____________(year), and ends at 11:59 p.m. the ________________ day

of _______________________________________(month), ___________(year).

After that, this Lease will automatically renew month-to-month un-

less either party gives at least _______ days’ written notice of termi-

nation or intent to move out as required by Par.36. If the number of

days isn’t lled in, notice of at least 30 days is required.

4. Security Deposit. The total security deposit for all resi-

dents is $____________, due on or before the date this Lease

is signed. This amount [check one]: r does or r does not in-

clude an animal deposit. Any animal deposit will be desig-

nated in an animal addendum. Security-deposit refund

check and any deduction itemizations will be by [check one]:

r one check jointly payable to all residents and mailed to any

one resident we choose, or

r one check payable to and mailed to __________________

_____________________________________________________________

(specify name of one resident).

If neither option is checked here, the rst option applies. See

Par.40 and 41 for security-deposit return information.

5. Keys, Move-Out, and Furniture. You’ll be given _________ apart-

ment key(s), _________ mailbox key(s), and _________ other access de-

vices for ________________________________________________________ .

Before moving out, you must give our representative advance

written move-out notice as stated in Par.36. The move-out date

in your notice [check one]: r must be the last day of the month,

or r may be the exact day designated in your notice. If neither op-

tion is checked here, the second applies. Any resident, occupant, or

spouse who, according to a remaining resident’s adavit, has per-

manently moved out or is under court order not to enter the apart-

ment, is (at our option) no longer entitled to occupancy, keys, or

other access devices, unless authorized by court order. Your apart-

ment will be [check one]: r furnished or r unfurnished.

6. Rent and Charges. You will pay $ _____________________ per

month for rent, in advance and without demand [check one]:

r at the onsite manager’s oce

r through our online payment site

r at ______________________________________________

_______________________________________________ .

Prorated rent of $_________________ is due for the remainder of the

[check one]: r 1st month or r 2nd month, on the ______ day of

________________________________________ (month), _________ (year).

You must pay your rent on or before the 1st day of each month

(due date). There is no grace period for the payment of rent,

and you agree that not paying rent on or before the 1st of each

month is a material breach of this Lease. Cash is not accept-

able without our prior written permission. You cannot with-

hold or oset rent unless authorized by law. We may, at our op-

tion, require at any time that you pay all rent and other sums in

one single payment by any method we specify. If you don’t pay

all rent on or before the ____________ day of the month, you’ll pay

the reasonable initial late charge of $____________ , plus the rea-

sonable daily late charge of $____________ per day after that date

until the amount due is paid in full. You agree that these late

charges are a reasonable estimate of uncertain damages to us

that are incapable of precise calculation and result from late pay-

ment of rent. Daily late charges cannot exceed 15 days for any

single month’s rent. We won’t impose late charges until at least

the third day of the month. You’ll also pay a charge of $____________

for each returned check or rejected electronic payment, plus ini-

tial and daily late charges, until we receive acceptable payment.

If you don’t pay rent on time, you’ll be in default and subject to all

remedies under state law and this Lease.

7. Utilities and Services. We’ll pay for the following items, if

checked: r gas r water r wastewater r electricity

r trash/recycling r cable/satellite r master antenna

r Internet r stormwater/drainage

r other _____________________________________________________ .

You’ll pay for all other utilities and services, related deposits, and

any charges or fees on such utilities and services during your

Lease term. See Par.12 for other related provisions regarding util-

ities and services.

8. Insurance. Our insurance doesn’t cover the loss of or damage

to your personal property. You are [check one]:

r required to buy and maintain renter’s or liability insurance

(see attached addendum), or

r not required to buy renter’s or liability insurance.

If neither option is checked, insurance is not required but is still

strongly recommended. Even if not required, we urge you to

get your own insurance for losses due to theft, re, water, pipe

leaks, and similar occurrences. Renter’s insurance doesn’t cover

losses due to a ood. Information on renter’s insurance is avail-

able from the Texas Department of Insurance.

9. Special Provisions. The following or attached special provisions

and any addenda or written rules furnished to you at or before

signing will become a part of this Lease and will supersede any

conicting provisions of this printed Lease form.

_________________________________________________________________

10. Unlawful Early Move-Out And Reletting Charge.

10.1 Your Responsibility. You’ll be liable for a reletting charge

of $__________________ (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.23 or 36; (B) move out without paying rent in full for the

entire Lease term or renewal period; (C) move out at our de-

mand because of your default; or (D) are judicially evicted.

The reletting charge is not a cancellation fee and does not

release you from your obligations under this Lease. See

the next section.

This Lease Contract is valid only if lled out before January 1, 2020.

Apartment Lease Contract

This is a binding contract. Read carefully before signing.

Date of Lease Contract: _________________________________

(when this Lease Contract is lled out)

M E M B E R

10.2 Not a Release. The reletting charge is neither a Lease can-

cellation nor a buyout fee. It is a liquidated amount cover-

ing only part of our damages—for our time, eort, and ex-

pense in nding 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 prospects, overhead, marketing costs, and lo-

cator-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. If

no amount is stipulated, you must pay our actual relet-

ting costs as far as they can be determined. The reletting

charge doesn’t release you from continued liability for fu-

ture or past-due rent; charges for cleaning, repairing, re-

painting, or dealing with unreturned keys; or other sums

due.

11. Security Devices.

11.1 What We Provide. Texas Property Code secs.92.151,

92.153, and 92.154 require, with some exceptions, that

we provide at no cost to you when occupancy begins: (A)

a window latch on each window; (B) a doorviewer (peep-

hole) on each exterior door; (C) a pin lock on each sliding

door; (D) either a door-handle latch or a security bar on

each sliding door; (E) a keyless bolting device (deadbolt)

on each exterior door; and (F) either a keyed doorknob

lock or a keyed deadbolt lock on one entry door. Keyed

locks will be rekeyed after the 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 install or rekey security devices as required by law,

you have the right to do so and deduct the reasonable

cost from your next rent payment under Texas Proper-

ty Code sec. 92.165(1). We may deactivate or not install

keyless bolting devices on your doors if (A) you or an oc-

cupant in the dwelling is over 55 or disabled, and (B) the

requirements of Texas Property Code sec. 92.153(e) or (f)

are satised.

11.2 Who Pays What. We’ll pay for missing security devices

that are required by law. You’ll pay for: (A) rekeying that

you request (unless we failed to rekey after the previous

resident moved out); and (B) repairs or replacements be-

cause 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 request.

12. Other Utilities and Services. Television channels that are pro-

vided may be changed during the Lease term if the change

applies to all residents. You may use utilities only for normal

household purposes and must not waste them. If your electric-

ity is interrupted, you must use only battery-operated lighting

(no ames). You must not allow any utilities (other than cable

or Internet) to be cut o or switched for any reason—including

disconnection for not paying your bills—until the Lease term

or renewal period ends. If a utility is submetered or prorated by

an allocation formula, we’ll attach an addendum to this Lease

in compliance with state-agency rules. If a utility is individual-

ly metered, it must be connected in your name and you must

notify the provider of your move-out date so the meter can be

timely read. If you delay getting it 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 a $__________ charge (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 you’re in an

area open to competition and your apartment is individually

metered, you may choose or change your retail electric provid-

er at any time. If you qualify, your provider will be the same as

ours, unless you choose a dierent provider. If you do choose

or change your 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.

Special Provisions and “What If” Clauses

13. Damages and Reimbursement.

13.1 Damage in the Apartment Community. You must

promptly pay or reimburse us for loss, damage, conse-

quential damages, government nes or charges, or cost of

repairs or service in the apartment community because of

a Lease or rules violation; improper use; negligence; other

conduct by you, your invitees, your occupants, or your

guests; or any other cause not due to our negligence or

fault as allowed by law, except for damages by acts of God

to the extent they couldn’t be mitigated by your action or

inaction.

13.2 Indemnication by You. You’ll defend, indemnify and

hold us harmless from all liability arising from your

conduct or that of your invitees, your occupants, your

guests, or our representatives who at your request per-

form services not contemplated in this Lease.

13.3 Damage and Wastewater Stoppage. Unless damage

or wastewater stoppage is due to our negligence, we’re

not liable for—and you must pay for—repairs, replace-

ments, and damage of the following kind if occurring

during the Lease term or renewal period: (A) damage to

doors, windows, or screens; (B) damage from windows

or doors left open; and (C) damage from wastewater

stoppages caused by improper objects in lines exclusive-

ly serving your apartment.

13.4 No Waiver. We may require payment at any time, includ-

ing advance payment to repair damage that you are liable

for. Delay in demanding sums you owe is not a waiver.

14. Contractual Lien and Property Left in Apartment.

14.1 Lien Against Your Property for Rent. All property in the

apartment (unless exempt under Texas Property Code

sec.54.042) is subject to a contractual lien to secure pay-

ment of delinquent rent (except as prohibited by Texas

Government Code sec. 2306.6738, for owners support-

ed by housing-tax-credit allocations). For this purpose,

“apartment” excludes common areas but includes the in-

terior living areas and exterior patios, balconies, attached

garages, and any storerooms for your exclusive use.

14.2 Removal After We Exercise Lien for Rent. If your rent is

delinquent, our representative may peacefully enter the

apartment, and remove and/or store all property sub-

ject to lien. All property in the apartment is presumed to

be yours unless proved otherwise. After the property is re-

moved, a written notice of entry must be left in a conspic-

uous place in the apartment—including a list of items re-

moved, the amount of delinquent rent due, and the name,

address, and phone number of the person to contact. The

notice must also state that the property will be promptly

returned when the delinquent rent is fully paid.

14.3 Removal After Surrender, Abandonment, or Eviction.

We, or law ocers, may remove or store all property re-

maining in the apartment or in common areas (including

any vehicles you or any occupant or guest owns or uses) if

you’re judicially evicted or if you surrender or abandon the

apartment (see denitions in Par. 41).

14.4 Storage.

(A) No duty. We’ll store property removed under a con-

tractual lien. We may—but we have no duty to—store

property removed after judicial eviction, surrender, or

abandonment of the apartment.

(B) No liability. We’re not liable for casualty, loss, damage,

or theft, except for property removed under a contrac-

tual lien.

for our packing, removing, storing, and selling of any

property.

(D) Our lien. We have a lien on all property removed and

stored after surrender, abandonment, or judicial evic-

tion for all sums you owe, with one exception: our

lien on property listed under Texas Property Code

sec.54.042 is limited to charges for packing, removing,

and storing.

14.5 Redemption.

(A) Property on which we have a lien. If we’ve seized and

stored property under a contractual lien for rent as au-

thorized by law, you may redeem the property by pay-

ing all delinquent rent due at the time of seizure. But if

notice of sale (see Par.14.6(C)) is given before you seek

redemption, you may redeem only by paying the de-

linquent rent plus our reasonable charges for packing,

removing, and storing.

(B) Property removed after surrender, abandonment, or

judicial eviction. If we’ve removed and stored proper-

ty after surrender, abandonment, or judicial eviction,

you may redeem only by paying all sums you owe, in-

cluding rent, late charges, reletting charges, storage

charges, damages, etc.

deemed property at the place of storage, the manage-

ment oce, or the apartment (at our option). We may

require payment by cash, money order, or certied

check.

14.6 Disposition or Sale.

(A) Our options. Except for animals, we may throw away

or give to a charitable organization all personal prop-

erty that is:

(1) left in the apartment after surrender, abandonment

or death of a sole resident; or

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(2) left outside more than 1 hour after writ of posses-

sion is executed, following judicial eviction.

(B) Animals. An animal removed after surrender, abandon-

ment, or eviction may be kenneled or turned over to a

local authority, humane society, or rescue organization.

to charity may be disposed of only by sale, which must

be held no sooner than 30 days after written notice of

the date, time, and place of sale is sent by both regu-

lar mail and certied mail (return receipt requested) to

your last known address. The notice must itemize the

amounts you owe and provide the name, address, and

phone number of the person to contact about the sale,

the amount owed, and your right to redeem the prop-

erty. The sale may be public or private; is subject to any

third-party ownership or lien claims; must be to the high-

est cash bidder; and may be in bulk, in batches, or item-

by-item. If the proceeds from the sale are more than you

owe, the excess amount must be mailed to you at your

last known address within 30 days after sale.

15. Failing to Pay First Month’s Rent. If you don’t pay the rst

month’s rent when or before the Lease begins, all future rent for

the Lease term will be automatically accelerated without notice

and become immediately due. We also may end your right of

occupancy and recover damages, future rent, reletting charg-

es, attorney’s fees, court costs, and other lawful charges. Our

rights, remedies and duties under Par. 10 and 32 apply to accel-

eration under this paragraph.

16. Rent Increases and Lease Changes. No rent increases or Lease

changes are allowed before the initial Lease term ends, except

for those allowed by special provisions in Par. 9, by a written ad-

dendum or amendment signed by you and us, or by reasonable

changes of apartment rules allowed under Par. 19. If, at least 5

days before the advance-notice deadline referred to in Par. 3, we

give you written notice of rent increases or Lease changes that

become eective when the Lease term or renewal period ends,

this Lease will automatically continue month-to-month with the

increased rent or Lease changes. The new modied Lease will

begin on the date stated in the notice (without needing your

signature) unless you give us written move-out notice under

Par. 36. The written move-out notice under Par. 36 applies only

to the end of the current Lease or renewal period.

17. Delay of Occupancy.

17.1 Lease Remains In Force. 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:

(A) abatement of rent on a daily basis during delay, and

(B) your right to terminate the lease in writing as set forth

below.

17.2 Your Termination Rights. Termination notice must be in

writing. After termination under 17.1(B), you are entitled

only to refund of any deposit(s) and any rent you paid.

Rent abatement or Lease termination does not apply if the

delay is for cleaning or repairs that don’t prevent you from

moving into the apartment.

17.3 Notice of Delay. If there is a delay of your occupancy and

we haven’t given notice of delay as set forth immediately

below, you may terminate this Lease up to the date when

the apartment is ready for occupancy, but not later.

(a) If we give written notice to any of you or your occu-

pants when or after the Lease begins—and the notice

states that occupancy has been delayed because of

construction or a previous resident’s holding over, and

that the apartment will be ready on a specic date—

you may terminate the Lease within 3 days after you

receive written notice, but no later.

(b) If we give any of you written notice before the date the

Lease begins and the notice states that a construction

delay is expected and that the apartment will be ready

for you to occupy on a specic date, you may termi-

nate the Lease within 7 days after receiving written no-

tice, but no later. The readiness date stated in the writ-

ten notice becomes the new eective Lease date for all

purposes. This new date can’t be moved to an earlier

date unless we and you agree in writing.

18. Disclosure of Information. If someone requests information

about you or your rental history for law-enforcement, governmen-

tal, or business purposes, we may provide it. At our request, any

utility provider may give us information about pending or actual

connections or disconnections of utility service to your apartment.

While You’re Living in the Apartment

19. Community Policies and Rules.

19.1 Generally. Our rules are considered part of this Lease.

You, your occupants, and your guests must comply with all

written apartment rules and community policies, includ-

ing instructions for care of our property. We may regulate:

(A) the use of patios, balconies, and porches; (B) the con-

duct of furniture movers and delivery persons; and (C) ac-

tivities in common areas. We may make reasonable chang-

es to written rules, and those rules can become eective

immediately if the rules are distributed and applicable to

all units in the apartment community and do not change

the dollar amounts on pages 1 or 2 of this Lease.

19.2 Some Specic s. Your apartment and other areas reserved

for your private use must be kept clean. Trash must be dis-

posed of at least weekly in appropriate receptacles in accor-

dance with local ordinances. Passageways may be used only

for entry or exit. You will use balconies with care and will

not overload them. Any swimming pools, saunas, spas, tan-

ning beds, exercise rooms, storerooms, laundry rooms, and

similar areas must be used with care and in accordance with

apartment rules and posted signs.

19.3 Limitations on Conduct. Glass containers are prohib-

ited in or near pools and all other common areas. Within

the apartment community, you, your occupants, and your

guests must not use candles or kerosene lamps or heaters

without our prior written approval, or cook on balconies

or outside. You, your occupants, and your guests must not

solicit business or contributions. Conducting any kind of

business (including child-care services) in your apartment

or in the apartment community is prohibited—except

that any lawful business conducted “at home” by comput-

er, mail, or telephone is permissible if customers, clients,

patients, or other business associates do not come to your

apartment for business purposes.

19.4 Exclusion of Persons. We may exclude from the apart-

ment community any guests or others who, in our judg-

ment, have been violating the law, violating this Lease or

our rules, 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 identication or refuses to identify himself or herself

as a resident, an occupant, or a guest of a specic resident

in the community.

19.5 Notice of Convictions and Registration. You must notify

us within 15 days if you or any of your occupants are con-

victed of (A) any felony, or (B) any misdemeanor involving

a controlled substance, violence to another person, or de-

struction of property. You must also notify us within 15 days

if you or any of your occupants register as a sex oender. In-

forming us of a criminal conviction or sex-oender registra-

tion doesn’t waive any rights we may have against you.

20. Prohibited Conduct. You, your occupants, and your guests

may not engage in the following activities:

(a) criminal conduct, regardless of whether or where ar-

rest or conviction occurs, including but not limited

to: manufacturing, delivering, or possessing a con-

trolled substance or drug para phernalia; engaging

in or threatening violence; possessing a weapon pro-

hibited by law; discharging a rearm in the apartment

community; or, except when allowed by law, displaying

or possessing a gun, knife, or other weapon in the com-

mon area, or in a way that may alarm others;

(b) behaving in a loud or obnoxious manner;

safety, or convenience of others (including our agents

and employees) in or near the apartment community;

(d) disrupting our business operations;

(e) storing anything in closets containing gas appliances;

(f) tampering with utilities or telecommunications;

(g) bringing hazardous materials into the apartment com-

munity;

(h) using windows for entry or exit;

(i) heating the apartment with a gas-operated cooking

stove or oven; or

(j) making bad-faith or false allegations against us or our

agents to others.

21. Parking. We may regulate the time, manner, and place of park-

ing all cars, trucks, motorcycles, bicycles, boats, trailers, and rec-

reational vehicles. Motorcycles or motorized bikes must not be

parked inside an apartment, on sidewalks, under stairwells, or

in handicapped-parking areas. We may have any unauthorized

or illegally parked vehicles towed according to state law at the

owner or operator’s expense at any time if the vehicle:

(a) has a at tire or is otherwise inoperable;

(b) is on jacks, on blocks, or has a wheel missing;

(d) belongs to a resident or occupant who has surren-

dered or abandoned the apartment;

(e) is in a handicapped space without the legally required

handicapped insignia;

(f) is in a space marked for oce visitors, managers, or

sta;

(g) blocks another vehicle from exiting;

(h) is in a re lane or designated “no parking” area;

(i) is in a space marked for another resident or apartment;

(j) is on the grass, sidewalk, or patio;

(k) blocks a garbage truck from access to a dumpster;

(l) has no current license or registration, and we have

given you at least 10 days’ notice that the vehicle will

be towed if not removed; or

(m) is not moved to allow parking lot maintenance.

22. Release of Resident.

22.1 Generally. You may have the right under Texas law to

terminate the Lease early in certain situations involv-

ing family violence, certain sexual oenses, or stalking.

Otherwise, unless you’re entitled to terminate this Lease

under Par. 9, 17, 23, 31, or 36, you won’t be released from

this Lease for any reason—including voluntary or involun-

tary school withdrawal or transfer, voluntary or involuntary

job transfer, marriage, separation, divorce, reconciliation,

loss of coresidents, loss of employment, bad health, prop-

erty purchase, or death.

22.2 Death of Sole Resident. If you are the sole resident and

die during the Lease term, an authorized representative of

your estate may terminate the Lease without penalty by

givin

g at least 30 days’ written notice. Your estate will be

liable for your Lease obligations until the latter of: (A) the

termination date or (B) removal of all possessions in the

apartment. Your est

ate will also be liable for all charges and

damages until the apartment is vacated, and any removal

or storage costs.

23. Military Personnel.

23.1 Termination Rights. You may have the right under Texas

law to terminate the Lease in certain situations involv-

ing military deployment or transfer. You may terminate

the Lease if you enlist, are drafted into, or are commis-

sioned in the U.S. Armed Forces. You also may terminate

the Lease if:

(a) you are (1) a member of the U.S. Armed Forces or Re-

serves on active duty, or (2) a member of the National

Guard called to active duty for more than 30 days in re-

sponse to a national emergency declared by the Presi-

dent; and

(b) you (1) receive orders for a permanent change of station,

(2) receive orders to deploy with a military unit or as an

individual in support of a military operation for 90 days

or more, or (3) are relieved or released from active duty.

23.2 How to Terminate Under This Par. 23. You must fur-

nish us a copy of your military orders, such as permanent-

change-of-station orders, call-up orders, or deployment

orders (or letter equivalent). Military permission for base

housing doesn’t constitute a permanent-change-of-sta-

tion order. You must deliver to us your written termination

notice, after which the Lease will be terminated under this

military clause 30 days after the date your next rental pay-

ment is due. After your move-out, we’ll return your secu-

rity deposit, less lawful deductions.

23.3 Who May Be Released. For the purposes of this Lease, or-

ders described in (b) under Par.23.1 above will release only

the resident who qualies under both (a) and (b) above

and receives the orders during the Lease term, plus that

resident’s spouse or legal dependents living in the resi-

dent’s household. A coresident who is not the spouse or

dependent of a military resident cannot terminate under

this military clause.

23.4 Your Repres entati o n s. Unless you state otherwise in

Par. 9, you represent when signing this Lease that:

(a) you do not already have deployment or change-of-sta-

tion orders;

(b) you will not be retiring from the military during the

Lease term; and

before the Lease term ends.

You must notify us immediately if you are called to active

duty or receive deployment or permanent-change-of-sta-

tion orders.

23.5 Damages for False Representations. Liquidated damag-

es for making a false representation of the above will be

the amount of unpaid rent for the remainder of the Lease

term when and if you move out, minus rents from others

received in mitigation under Par. 32.6.

24. Resident Safety and Loss.

24.1 Disclaimer. We disclaim any express or implied war-

ranties of security. We care about your safety and that of

other occupants and guests. You agree to make every ef-

fort to follow any Security Guidelines Addendum attached

to this Lease. No security system is failsafe. Even the best

system can’t prevent crime. Always act as if security sys-

tems don’t exist since they are subject to malfunction,

tampering, and human error. The best safety measures

are the ones you take as a matter of common sense and

habit.

24.2 Your Duty of Due Care. You, your occupants, and your

guests must exercise due care for your own and others’

safety and security, especially in using smoke alarms and

other detection devices, door and window locks, and other

safety or security devices. Window screens are not for se-

curity or to keep people from falling out of windows.

24.3 Alarm and Detection Devices.

(A) What we’ll do. We’ll furnish smoke alarms or other de-

tection 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

rst take possession of your apartment. Upon request,

we’ll provide, as required by law, a smoke alarm capa-

ble of alerting a person with a hearing-impairment dis-

ability.

(B) Your duties. You must pay for and replace batteries as

needed, unless the law provides otherwise. We may re-

place dead or missing batteries at your expense, with-

out prior notice to you. You must immediately report

alarm or detector malfunctions to us. Neither you nor

others may disable alarms or detectors. If you damage

or disable the smoke alarm, or remove a battery with-

out replacing it with a working battery, you may be li-

able to us under Texas Property Code sec. 92.2611 for

$100 plus one month’s rent, actual damages, and at-

torney’s fees. You’ll be liable to us and others if you fail

to report malfunctions, or fail to report any loss, dam-

age, or nes resulting from re, smoke, or water.

24.4 Loss. Unless otherwise required by law, we’re not liable to

any resident, guest, or occupant for personal injury or dam-

age, loss of personal property, or loss of business or person-

al income, from any cause, including re, smoke, rain, ood,

water leaks, hail, ice, snow, lightning, wind, explosions, in-

terruption of utilities, pipe leaks, theft, vandalism, and neg-

ligent or intentional acts of residents, occupants, or guests.

We have no duty to remove any ice, sleet, or snow but may

remove any amount with or without notice. Unless we in-

struct otherwise, during freezing weather you must for 24

hours a day: (A) keep the apartment heated to at least 50°

Fahrenheit, (B) keep cabinet and closet doors open, and

damage to our and others’ property caused by broken

water pipes due to your violating these requirements.

24.5 Crime or Emergency. Immediately dial 911 or call local

medical-emergency, re, or police personnel in case of

accident, re, smoke, suspected criminal activity, or any

other emergency involving imminent harm. You should

then contact our representative. None of our security mea-

sures are an express or implied warranty of security—or a

guarantee against crime or of reduced risk of crime. Unless

otherwise provided by law, we’re not liable to you, your

occupants, or your guests for injury, damage, or loss to per-

son or property caused by criminal conduct of other per-

sons, including theft, burglary, assault, vandalism, or other

crimes. Even if previously provided, we’re not obliged to

furnish security personnel, patrols, lighting, gates, fences,

or other forms of security unless required by law. We’re not

responsible for obtaining criminal-history checks on any

residents, occupants, guests, or contractors in the apart-

ment community. If you, your occupants, or your guests

are aected by a crime, you must make a written report to

the appropriate local law-enforcement agency and to our

representative. You must also give us the law-enforcement

agency’s incident-report number upon request.

25. Condition of the Premises and Alterations.

25.1 As-Is. We disclaim all implied warranties. You accept the

apartment, xtures, and furniture as is, except for condi-

tions materially aecting the health or safety of ordinary

persons. You’ll be given an Inventory & Condition form on

or before move-in. Within 48 hours after move-in, you must

note on the form all defects or damage, sign the form, and

return it to us. Otherwise, everything will be considered to

be in a clean, safe, and good working condition.

25.2 Standards and Improvements. You must use customary

diligence in maintaining the apartment and not damaging or

littering the common areas. Unless authorized by law or by

us in writing, you must not do any repairs, painting, wallpa-

pering, carpeting, electrical changes, or otherwise alter our

property. No holes or stickers are allowed inside or outside

the apartment. Unless our rules state otherwise, we’ll permit

a reasonable number of small nail holes for hanging pictures

on sheetrock walls and grooves of wood-paneled walls. No

SAMPLE ONLY

Not for use

water furniture, washing machines, extra phone or television

outlets, alarm systems, or lock changes, additions, or rekey-

ing is permitted unless allowed by law or we’ve consented in

writing. You may install a satellite dish or antenna, but only

if you sign our satellite-dish or antenna lease addendum,

which complies with reasonable restrictions allowed by fed-

eral law. You must not alter, damage, or remove our prop-

erty, including alarm systems, detection devices, furniture,

telephone and television wiring, screens, locks, and security

devices. When you move in, we’ll supply light bulbs for x-

tures we furnish, including exterior xtures operated from

inside the apartment; after that, you’ll replace them at your

expense with bulbs of the same type and wattage. Your im-

provements to the apartment (made with or without our

consent) become ours unless we agree otherwise in writing.

25.3 Fair Housing. In accordance with fair-housing laws, we’ll

make reasonable accommodations to our rules, policies, prac-

tices, or services. We’ll allow reasonable modications under

these laws to give disabled persons access to and use of this

apartment community. We may require you to sign an adden-

dum regarding the implementation of any accommodations

or modications, as well as your restoration obligations, if any.

26. Requests, Repairs, and Malfunctions.

26.1 Written Requests Required. If you or any occupant

needs to send a notice or request—for example, for re-

pairs, installations, services, ownership disclosure, or

security-related matters—it must be written, signed,

and delivered to our designated representative in ac-

cordance with our policies (except in case of re, smoke,

gas, explosion, overowing sewage, uncontrollable run-

ning water, electrical shorts, crime in progress, or fair-hous-

ing accommodation or modication). Our written notes on

your oral request do not constitute a written request from

you. Our complying with or responding to any oral request

regarding security or any other matter doesn’t waive the

strict requirement for written notices under this Lease.

26.2 Required Notications. You must promptly notify us in

writing of water leaks, mold, electrical problems, malfunc-

tioning lights, broken or missing locks or latches, and other

conditions that pose a hazard to property, health, or safety.

26.3 Utilities. We may change or install utility lines or equip-

ment serving the apartment if the work is done reason-

ably without substantially increasing your utility costs. We

may turn o equipment and interrupt utilities as needed

to avoid property damage or to perform work. If utilities

malfunction or are damaged by re, water, or similar cause,

you must notify our representative immediately.

26.4 Casualty Loss and Equipment Repair. We’ll act with cus-

tomary diligence to make repairs and reconnections, taking

into consideration when casualty-insurance proceeds are re-

ceived. Unless required by statute after a casualty loss, or dur-

ing equipment repair, your rent will not abate in whole or in

part. Air-conditioning problems are normally not emergen-

cies. If air-conditioning or other equipment malfunctions,

you must notify us as soon as possible on a business day.

26.5 Our Right to Terminate. If we believe that re or catastrophic

damage is substantial, or that performance of needed repairs

poses a danger to you, we may terminate this Lease by giving

you at least 5 days’ written notice. We also have the right to ter-

minate this Lease during the Lease term 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. If the Lease is so ter-

minated, we’ll refund prorated rent and all deposits, less law-

ful deductions. We may also remove and dispose of personal

property if we believe it causes a health or safety hazard.

27. Animals.

27.1 No Animals Without Consent. No animals (including

mammals, reptiles, birds, fish, rodents, amphibians,

arachnids, and insects) are allowed, even temporarily,

anywhere in the apartment or apartment community

unless we’ve given written permission. If we allow an ani-

mal, you must sign a separate animal addendum and, ex-

cept as set forth in the addendum, pay an animal deposit.

An animal deposit is considered a general security deposit.

The animal addendum includes information governing an-

imals, including assistance or service animals. We’ll autho-

rize an assistance or support animal for a disabled person

without requiring an animal deposit. We may require veri-

cation of your disability and the need for such an animal.

You must not feed stray or wild animals.

27.2 Violations of Animal Policies.

(A) Charges for violations. If you or any guest or occu-

pant violates animal restrictions (with or without your

knowledge), you’ll be subject to charges, damages,

eviction, and other remedies provided in this Lease.

If you violate the animal restrictions or other animal

rules, you’ll pay an initial charge of $____________ per ani-

mal (not to exceed $100 per animal) and a daily charge

of $____________ per animal (not to exceed $10 per day

per animal) 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), you must pay

for all cleaning and repair costs, including deeaing, de-

odorizing, and shampooing.

(B) Removal and return of 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) follow-

ing the procedures of Par. 28. We may keep or kennel

the animal, or turn it over to a humane society, local

authority or rescue organization. When keeping or

kenneling an animal, we won’t be liable for loss, harm,

sickness, or death of the animal unless due to our neg-

ligence. You must pay for the animal’s reasonable care

and kenneling charges. We’ll return the animal to you

upon request if it has not already been turned over to a

humane society, local authority or rescue organization.

28. When We May Enter. If you or any guest or occupant is pres-

ent, then repairers, servicers, contractors, government repre-

sentatives, lenders, appraisers, prospective residents or buy-

ers, insurance agents, persons authorized to enter under your

rental application, or our representatives may peacefully enter

the apartment at reasonable times for reasonable business pur-

poses. If nobody is in the apartment, then any such person may

enter peacefully and at reasonable times by duplicate or master

key (or 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. Law ocers with a search or arrest warrant or those in

hot pursuit may be allowed to enter. We are under no obligation

to enter only when you are present, and we may, but are under

no obligation to, give prior notice or make appointments.

29. Multiple Residents. Each resident is jointly and severally liable

for all Lease obligations. If you or any guest or occupant violates

the Lease or rules, all residents are considered to have violat-

ed the Lease. Our requests and notices (including sale notices)

to any resident constitute notice to all residents and occupants.

Notices and requests from any resident or occupant constitute

notice from all residents. Your notice of Lease termination may

be given only by a resident. In eviction suits, each resident is

considered the agent of all other residents in the apartment for

service of process. Any resident who defaults under this Lease

will indemnify the nondefaulting residents and their guarantors.

Replacements

30. Replacements and Subletting.

30.1 When Allowed. Replacing a resident, subletting, licens-

ing or assigning a resident‘s rights is allowed only when

we consent in writing. If a departing or remaining resident

nds a replacement resident acceptable to us before mov-

ing out and we expressly consent to the replacement, sub-

letting, or assignment, then:

(a) a reletting charge will not be due;

(b) a reasonable administrative (paperwork) fee will be

due, and a rekeying fee will be due if rekeying is re-

quested or required; and

able for all Lease obligations for the rest of the original

Lease term.

30.2 Procedures for Replacement. If we approve a replace-

ment resident, then, at our option: (A) the replacement res-

ident must sign this Lease with or without an increase in

the total security deposit; or (B) the remaining and replace-

ment residents must sign an entirely new Lease. Unless we

agree otherwise in writing, the departing resident’s secu-

rity deposit will automatically transfer to the replacement

resident as of the date we approve. The departing resident

will no longer have a right to occupancy or to a security-

deposit refund, but will remain liable for the remainder of

the original Lease term unless we agree otherwise in writ-

ing—even if a new Lease is signed.

30.3 Rental Prohibited. You agree that you won‘t rent, or oer

to rent or license all or any part of your apartment to any-

one else unless otherwise agreed to by us in writing. You

agree that you won‘t accept anything of value from any-

one else for the use of any part of your apartment. You

agree not to list any part of your apartment on any lodg-

ing rental website or with any person or service that adver-

tises dwellings for rent.

Responsibilities of Owner and Resident

31. Our Responsibilities.

31.1 Generally. We’ll act with customary diligence to:

(a) keep common areas reasonably clean, subject to

Par. 25;

(b) maintain xtures, hot water, heating, and air-condi-

tioning equipment;

safety, sanitation, and fair housing; and

(d) make all reasonable repairs, subject to your obligation

to pay for damages for which you’re liable.

The time, manner, method and means of performing main-

tenance and repairs, including whether or which vendors

to use, are within our sole discretion.

31.2 Your Remedies. If we violate any of the above, you may

possibly terminate this Lease and exercise other reme-

dies under Texas Property Code Sec. 92.056 by following

this procedure:

(a) all rent must be current, and you must make a writ-

ten request for repair or remedy of the condition—after

which we’ll have a reasonable time for repair or remedy;

(b) if we fail to do so, you must make a second written re-

quest for the repair or remedy (to make sure that there

has been no miscommunication between us)—after

which we’ll have a reasonable time to repair or rem-

edy; and

within that reasonable time period, you may immediate-

ly terminate this Lease by giving us a nal written notice.

You also may exercise other statutory remedies, includ-

ing those under Texas Property Code sec. 92.0561.

31.3 Request by Mail. Instead of giving the two written re-

quests referred to above, you may give us one request by

certied mail, return receipt requested, by registered mail,

or by any trackable mail or delivery method through the

postal service or a private delivery service—after which

we’ll have a reasonable time to repair or remedy. “Reason-

able time” accounts for the nature of the problem and the

reasonable availability of materials, labor, and utilities. Your

rent must be current when you make any request. We’ll re-

fund security deposits and prorated rent as required by law.

32. Default by Resident.

32.1 Acts of Default. You’ll be in default if: (A) you don’t timely

pay rent or other amounts you owe; (B) you or any guest or

occupant violates this Lease, apartment rules, or re, safety,

health, or criminal laws, regardless of whether or where ar-

rest or conviction occurs; (C) you abandon the apartment;

(D) you give incorrect or false answers in a rental applica-

tion; (E) you or any occupant is arrested, charged, detained,

convicted, or given deferred adjudication or pretrial diver-

sion for (1) an oense involving actual or potential physical

harm to a person, or involving the manufacture or delivery

of a controlled substance, marijuana, or drug parapherna-

lia as dened in the Texas Controlled Substances Act, or (2)

any sex-related crime, including a misdemeanor; (F) any il-

legal drugs or paraphernalia are found in your apartment;

or (G) you or any occupant, in bad faith, makes an invalid

habitability complaint to an ocial or employee of a utility

company or the government.

32.2 Eviction. If you default or hold over, we may end your

right of occupancy by giving you at least a 24-hour writ-

ten notice to vacate. Notice may be given by: (A) regular

mail; (B) certied mail, return receipt requested; (C) per-

sonal delivery to any resident; (D) personal delivery at

the apartment to any occupant over 16 years old; (E) ax-

ing the notice to the inside of the apartment’s main entry

door; or (F) securely axing the notice to the outside of

the apartment‘s main entry door as allowed by law. No-

tice by mail under (A) or (B) will be considered delivered

on the earlier of actual delivery, or 3 d

ays after the notice

is deposited in the U.S. Postal Service with postage. Termi-

nation of your possession rights or a later reletting doesn’t

release you from liability for future rent or other Lease obli-

gations. After giving notice to vacate or ling an eviction

suit, we may still accept rent or other sums due; the ling

or acceptance doesn’t waive or diminish our right of evic-

tion or any other contractual or statutory right. Accepting

money at any time doesn’t waive our right to damages, to

past or future rent or other sums, or to our continuing w

ith

eviction proceedings. In an eviction, rent is owed for the

full rental period and will not be prorated.

32.3 Acceleration. Unless we elect not to accelerate rent, all

monthly rent for the rest of the Lease term or renewal pe-

riod will be accelerated automatically without notice or

demand (before or after acceleration) and will be immedi-

ately due and delinquent if, without our written consent:

(A) you move out, remove property in preparing to move

out, or you or any occupant gives oral or written notice of

intent to move out before the Lease term or renewal pe-

riod ends; and (B) you haven’t paid all rent for the entire

Lease term or renewal period. Such conduct is considered

a default for which we need not give you notice. Remain-

ing rent will also be accelerated if you’re judicially evicted

or move out when we demand because you’ve defaulted.

Acceleration is subject to our mitigation obligations below.

32.4 Holdover. You or any occupant, invitee, or guest must not

hold over beyond the date contained in your move-out

notice or our notice to vacate (or beyond a dierent move-

out date agreed to by the parties in writing). If a holdover

occurs, then (A) holdover rent is due in advance on a daily

basis and may become delinquent without notice or de-

mand; (B) rent for the holdover period will be increased by

25% over the then-existing rent, without notice; (C) you’ll

be liable to us (subject to our mitigation duties) for all rent

for the full term of the previously signed Lease of a new

resident who can’t occupy because of the holdover; and

(D) at our option, we may extend the Lease term—for

up to one month from the date of notice of Lease exten-

sion—by delivering written notice to you or your apart-

ment while you continue to hold over.

32.5 Other Remedies. We may report unpaid amounts to cred-

it agencies as allowed by law. If we or our debt collector

tries to collect any money you owe us, you agree that we

or the debt collector may contact you by any legal means,

including texting, calling your cell phone, and using an au-

tomated dialer. If you default, you will pay us, in addition

to other sums due, any amounts stated to be rental dis-

counts or concessions agreed to in writing. Upon your de-

fault, we have all other legal remedies, including Lease ter-

mination and statutory lockout under Texas Property Code

sec. 92.0081, except as lockouts and liens are prohibited

by Texas Government Code sec. 2306.6738 for owners

supported by housing-tax-credit allocations. A prevail-

ing party may recover reasonable attorney’s fees and all

other litigation costs from the nonprevailing parties, ex-

cept a party may not recover attorney’s fees and litigation

costs in connection with a party’s claims seeking person-

al-injury, sentimental, exemplary or punitive damages. We

may recover attorney’s fees in connection with enforcing

our rights under this Lease. All unpaid amounts you owe,

including judgments, bear 18% interest per year from the

due date, compounded annually. You must pay all collec-

tion-agency fees if you fail to pay sums due within 10 days

after we mail you a letter demanding payment and stating

that collection-agency fees will be added if you don’t pay

all sums by that deadline.

32.6 Mitigation of Damages. If you move out early, you’ll be

subject to Par. 10 and all other remedies. We’ll exercise

customary diligence to relet and minimize damages. We’ll

credit all later rent that we actually receive from subse-

quent residents against your liability for past-due and fu-

ture rent and other sums due.

General Clauses

33. Other Important Provisions.

33.1 Representatives’ Authority; Waivers; Notice. Our rep-

resentatives (including management personnel, em-

ployees, and agents) have no authority to waive, amend,

or terminate this Lease or any part of it unless in writing,

and no authority to make promises, representations, or

agreements that impose security duties or other obli-

gations on us or our representatives, unless in writing.

Any dimensions and sizes provided to you relating to the

apartment are only approximations or estimates; actual di-

mensions and sizes may vary. No action or omission by us

will be considered a waiver of our rights or of any subse-

quent violation, default, or time or place of performance.

Our choice to enforce, not enforce or delay enforcement

of written-notice requirements, rental due dates, accel-

eration, liens, or other rights isn’t a waiver under any cir-

cumstances. Except when notice or demand is required by

law, you waive any notice and demand for performance

from us if you default. If anyone else has guaranteed per-

formance of this Lease, a separate Lease Guaranty for each

guarantor must be executed. Written notice to or from our

managers constitutes notice to or from us. Any person giv-

ing a notice under this Lease should keep a copy or record

of it. Fax or electronic signatures are binding. All notices

must be signed. Notice may be given electronically by us

to you if allowed by law. If allowed by law and in accor-

dance with our policies, electronic notice from you to us

must be addressed to the email address we provide for no-

tice purposes or submitted through an online portal.

33.2 Miscellaneous. All remedies are cumulative. Exercising

one remedy won’t constitute an election or waiver of other

remedies. All provisions regarding our nonliability or non-

duty apply to our employees, agents, and management

companies. No employee, agent, or management compa-

ny is personally liable for any of our contractual, statutory, or

other obligations merely by virtue of acting on our behalf.

This Lease binds subsequent owners. This Lease is subordi-

nate to existing and future recorded mortgages, unless the

owner’s lender chooses otherwise. All Lease obligations

must be performed in the county where the apartment is

located. If you have insurance covering the apartment or

your personal belongings at the time you or we suer or al-

lege a loss, you agree to waive any insurance subrogation

rights. All notices and documents may be in English and, at

our option, in any other language that you read or speak.

The term “including” in this Lease should be interpreted to

mean “including but not limited to.”

33.3 Severability. If any provision of this Lease is invalid or un-

enforceable under applicable law, it won’t invalidate the re-

mainder of the Lease or change the intent of the parties.

Neither an invalid clause nor the omission of initials on any

page invalidates this Lease.

34. Payments. Payment of each sum due is an independent covenant.

When we receive money, other than sale proceeds under Par. 14 or

water payments subject to government regulation, we may apply

it at our option and without notice rst to any of your unpaid obli-

gations, then to current 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 are due upon our demand. After the

due date, we do not have to accept any payments.

35. TAA Membership. We represent that, at the time of signing this

Lease, we, the management company representing us, or any

locator service that procured you is a member in good standing

of both the Texas Apartment Association and the aliated local

apartment association for the area where the apartment is located.

The member is either an owner/management-company member

or an associate member doing business as a locator service (whose

name and address must be disclosed on page 8). If not, the follow-

ing applies: (A) this Lease is voidable at your option and is unen-

forceable by us (except for property damages); and (B) we may not

recover past or future rent or other charges. The above remedies

also apply if both of the following occur: (1) the Lease is automati-

cally 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 management company is a member of

TAA and the local association during the third automatic renew-

al. A signed adavit from the aliated local apartment associa-

tion attesting to nonmembership when the Lease or renewal was

signed will be conclusive evidence of nonmembership. Govern-

mental entities may use TAA forms if TAA agrees in writing.

When Moving Out

36. Move-Out Notice.

36.1 Requirements and Compliance. Your move-out notice

doesn’t release you from liability for the full term of the

Lease or renewal term. You’ll still be liable for the entire

Lease term if you move out early except under Par. 9, 17, 22,

23, or 31. Your move-out notice must comply with each of

the following:

(a) We must receive advance written notice of your move-

out date. You must give notice in advance by at least

the number of days required in Par. 3 or in special provi-

sions—even if the Lease has become a month-to-month

lease. Unless we require more than 30 days’ notice, if you

give notice on the rst day of the month you intend to

move out, it will suce for move-out on the last day of that

month, as long as all other requirements below are met.

(b) Your move-out notice must be in writing. An oral

move-out notice will not be accepted and will not ter-

minate your Lease.

sooner than the end of the Lease term or renewal period.

(d) If we require you to give us more than 30 days’ written

notice to move out before the end of the Lease term, we

will give you 1 written reminder not less than 5 days nor

more than 90 days before your deadline for giving us

your written move-out notice. If we fail to give a remind-

er notice, 30 days’ written notice to move-out is required.

36.2 Unacceptable Notice. Your notice is not acceptable if

it doesn’t comply with all of the above. We recommend

that you use our written move-out form to ensure that you

provide all the information needed. You must get from us

a written acknowledgment of your notice. If we fail to give

a reminder notice, 30 days’ written notice to move out is

required. If we terminate the Lease, we must give you the

same advance notice—unless you are in default.

37. Move-Out Procedures. The move-out date can’t be changed un-

less we and you both agree in writing. You won’t move out before

the Lease term or renewal period ends unless all rent for the entire

Lease term or renewal period is paid in full. Early move-out may re-

sult in reletting charges and acceleration of future rent under Par.10

and 32. You’re prohibited by law from applying any security depos-

it to rent. You can’t stay beyond the date you’re supposed to move

out. All residents, guests, and occupants must surrender or aban-

don the apartment before the 30-day period for deposit refund be-

gins. You must give us and the U.S. Postal Service, in writing, each

resident’s forwarding address.

38. Cleaning. You must thoroughly clean the apartment, including

doors, windows, furniture, bathrooms, kitchen appliances, pa-

tios, balconies, garages, carports, and storage rooms. You must

follow move-out cleaning instructions if they have been pro-

vided. If you don’t clean adequately, you’ll be liable for reason-

able 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).

39. Move-Out Inspection. You should meet with our representa-

tive for a move-out inspection. Our representative has no au-

thority to bind or limit us regarding deductions for repairs,

damages, or charges. Any statements or estimates by us or our

representative are subject to our correction, modication, or dis-

approval before nal accounting or refunding.

40. Security Deposit Deductions and Other Charges. You’ll be

liable for the following charges, if applicable: unpaid rent; unpaid

utilities; unreimbursed service charges; repairs or damages caused

by negligence, carelessness, accident, or abuse, including stickers,

scratches, tears, burns, stains, or unapproved holes; replacement

cost of our property that was in or attached to the apartment and is

missing; replacing dead or missing alarm or detection-device bat-

teries at any time; utilities for repairs or cleaning; trips to let in com-

pany representatives to remove your telephone, Internet, televi-

sion services, or rental items (if you so request or have moved out);

trips to open the apartment when you or any guest or occupant is

missing a key; unreturned keys; missing or burned-out light bulbs;

removing or rekeying unauthorized security devices or alarm sys-

tems; agreed reletting charges; packing, removing, or storing prop-

erty removed or stored under Par. 14; removing illegally parked

vehicles; special trips for trash removal caused by parked vehicles

blocking dumpsters; false security-alarm charges unless due to our

negligence; animal-related charges under Par.6 and 27; govern-

ment fees or nes against us for violation (by you, your occupants,

or your guests) of local ordinances relating to alarms and detection

devices, false alarms, recycling, or other matters; late-payment and

returned-check charges; a charge (not to exceed $150) for our time

and inconvenience in our lawful removal of an animal or in any valid

eviction proceeding against you, plus attorney’s fees, court costs,

and ling fees actually paid; and other sums due under this Lease.

You’ll be liable to us for: (A) charges for replacing any keys and ac-

cess devices referenced in Par. 5 if you don’t return them all on or

before your actual move-out date; (B) accelerated rent if you’ve vi-

olated Par. 32; and (C) a reletting fee if you’ve violated Par. 10. We

may also deduct from your security deposit our reasonable

costs incurred in rekeying security devices required by law if

you vacate the apartment in breach of this Lease.

41. Deposit Return, Surrender, and Abandonment.

41.1 Your Deposit. We’ll mail you your security-deposit refund

(less lawful deductions) and an itemized accounting of any

deductions, no later than 30 days after surrender or aban-

donment, unless laws provide otherwise.

41.2 Surrender. You have surrendered the apartment when: (A)

the move-out date has passed and no one is living in the

apartment in our reasonable judgment; or (B) apartment

keys and access devices listed in Par. 5 have been turned in

to us—whichever happens rst.

41.3 Abandonment. You have abandoned the apartment

when all of the following have occurred: (A) everyone ap-

pears to have moved out in our reasonable judgment; (B)

clothes, furniture, and personal belongings have been sub-

stantially removed in our reasonable judgment; (C) you’ve

been in default for nonpayment of rent for 5 consecutive

days, or water, gas, or electric service for the apartment not

connected in our name has been terminated or transferred;

and (D) you’ve not responded for 2 days to our notice left

on the inside of the main entry door stating that we consid-

er the apartment abandoned. An apartment is also consid-

ered abandoned 10 days after the death of a sole resident.

41.4 The Ending of Your Rights. Surrender, abandonment, or

judicial eviction ends your right of possession for all pur-

poses and gives us the immediate right to clean up, make

repairs in, and relet the apartment; determine any security-

deposit deductions; and remove property left in the apart-

ment. Surrender, abandonment, and judicial eviction aect

your rights to property left in the apartment (Par. 14), but

don’t aect our mitigation obligations (Par. 32).

SAMPLE ONLY

Not for use

42. Attachments. We will provide you with a copy of the Lease as

required by statute. This may be in paper format, in an elec-

tronic format if you request it, or by e-mail if we have commu-

nicated by e-mail about this Lease. Our rules and community

policies, if any, will be attached to the Lease and given to you

at signing. When an Inventory and Condition form is complet-

ed, both you and we should retain a copy. The items checked

below are attached to and become a part of this Lease and are

binding even if not initialed or signed.

Access Gate Addendum

Additional Special Provisions

Allocation Addendum for:

electricity

water

gas

central system costs

trash/recycling

cable/satellite

stormwater/drainage

services/government fees

Animal Adden dum

Apartment Rules or Community Policies

Asbestos Addendum (if asbestos is present)

Bed Bug Addendum

Early Termination Addendum

Enclosed Garage, Carport, or Storage Unit Addendum

Intrusion Alarm Addendum

Inventory & Condition Form

Lead Hazard Information and Disclosure Addendum

Lease Contract Addendum for Units Participating in

Government Regulated Aordable Housing Programs

Lease Contract Guaranty (guaranties, if more than one)

Legal Description of Apartment (optional, if rental term

longer than one year)

Military SCRA Addendum

Mold Information and Prevention Addendum

Move-Out Cleaning Instructions

Notice of Intent to Move Out Form

Parking Permit or Sticker (quantity:______)

Rent Concession Addendum

Renter’s or Liability Insurance Addendum

Repair or Service Request Form

Satellite Dish or Antenna Addendum

Security Guidelines Addendum

PUC Tenant Guide to Water Allocation

Utility Submetering Addendum:

electricity

water

gas

Other _________________________________________

Name, address and telephone number of locator service (if applicable

—must be completed to verify TAA membership under Par. 35):

______________________________________________________

After-hours phone number _______________________________

(Always call 911 for police, re, or medical emergencies.)

Date form is lled out (same as on top of page 1) _______________

Y o u r I n i t i a l s : _______________ ____________ Initials of Our Representative: ___________ Apartment Lease Contract,

TAA Ocial Statewide Form 17-A/B-1/B-2/B-3 Revised October 2017

Page 8 of 8

The Lease will control if there‘s a conflict with this summary.

 Address: ____________________________________________________________________________________ Unit # ____________

 Beginning date of Lease (Par. 3) ______________________  Ending date of Lease (Par. 3) ___________________________

 Number of days notice for termination (Par. 3) __________  Consent for guests staying more than ________ days (Par. 2)

 Total security deposit (Par. 4) $ ________________  Animal deposit (if any) $ __________________

 Security deposit (Par. 4) r does OR r does not include an animal deposit.

 Security deposit refund check will be by (Par. 4) (check one) r one check jointly payable to all residents (default),

OR r one check payable to and mailed to ________________________________________________________________________

 # of keys/access devices (Par. 5) for ____ unit, ____ mailbox, ____ other __________________________________________________

 Your move-out notice will terminate Lease on (Par. 5): (check one) r last day of month OR r exact day designated in notice

 Check here r if the dwelling is to be furnished (Par. 5)  Check here r if there is a concession addendum

 Rent to be paid (Par. 6): (check all that apply) r at the onsite manager’s oce, r through our online payment site, OR

r at _______________________________________________________________________________________________________

 Check here if included in monthly rent: r garage, r storage, r carport, r washer/dryer, or r other ________________________

 Total monthly rent (Par. 6) $ ________________  Prorated rent (Par. 6) for (check one)



Late charges if rent is not paid on or before (Par. 6)

_________ r rst month OR r second month $ __________________

 Initial late charge (Par. 6) $ ________________  Daily late charge (Par. 6) $ __________________

 Returned-check charge (Par. 6) $ ________________  Animal violation charges (Par. 27)

 Monthly animal rent (if any) $ ________________ Initial $ ________________ Daily $ __________________

 Monthly pest control (if any) $ ________________  Monthly trash / waste (if any) $ __________________

 Utilities paid by owner (Par. 7): (check all that apply) r electricity, r gas, r water, r wastewater, r trash/recycling,

r cable/satellite, r master antenna, r Internet, r stormwater/drainage, r other _______________________________________



Utility connection charge (Par. 12)

$ ________________  You are: (check one) r required to buy insurance OR

 Agreed reletting charge (Par. 10) $ ________________ r not required to buy insurance (Par. 8)

 Special provisions (Par. 9): ______________________________________________________________________________________

______________________________________________________________________________________________________________

You are legally bound by this document. Please read it carefully.

A facsimile or electronic signature on this Lease is as binding as an origi-

nal signature.

Before submitting a rental application or signing a Lease, you may

take a copy of these documents to review and/or consult an attorney.

Additional provisions or changes may be made in the Lease if agreed to in

writing by all parties.

You are entitled to receive a copy of this Lease after it is fully signed. Keep

it in a safe place. This lease is the entire agreement between you and us.

You are NOT relying on any oral representations.

Resident or Residents (all sign below)

__________________________________________________________