Page 1 of 10
TEXAS STANDARD RESIDENTIAL LEASE AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Texas Lease Agreement") is made
and entered into this ____ day of ________________________, 20____, by and
between ____________________________________________________ (hereinafter
referred to as "Landlord") and ______________________________________________
(hereinafter referred to as "Tenant." For and in consideration of the covenants and
obligations contained herein and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:
I. Premises. Landlord owns certain real property and improvements located at
_____________________________ (hereinafter referred to as the "Property").
Landlord desires to lease the Premises to Tenant upon the terms and conditions
contained herein. Tenant desires to lease the Premises from Landlord on the
terms and conditions as contained herein.
II. Lease Term. This Texas Lease Agreement shall commence on
________________________ and shall continue as a lease for term. The
termination date shall be on ___________________ at 11:59 PM. Upon
termination date, Tenant shall be required to vacate the Premises unless one of
the following circumstances occur:
a) Landlord and Tenant formally extend this Texas Lease Agreement
in writing or create and execute a new, written, and signed Texas
Lease Agreement; or
b) Landlord willingly accepts new Rent from Tenant, which does not
constitute past due Rent.
In the event that Landlord accepts new rent from Tenant after the termination
date, a month-to- month tenancy shall be created. If at any time either party
desires to terminate the month-to-month tenancy, such party may do so by
providing to the other party written notice of intention to terminate at least 30
days prior to the desired date of termination of the month-to-month tenancy.
Notices to terminate may be given on any calendar day, irrespective of
Commencement Date. Rent shall continue at the rate specified in this Texas
Lease Agreement, or as allowed by law. All other terms and conditions as
outlined in this Texas Lease Agreement shall remain in full force and effect. Time
is of the essence for providing notice of termination (strict compliance with dates
by which notice must be provided is required).
III. Rental Payments. Tenant shall pay to Landlord the sum of $______________
per month as Rent for the Term of the Agreement. Due date for Rent payment
shall be the 1st day of each calendar month and shall be considered advance
Page 2 of 10
payment for that month. Weekends and holidays do not delay or excuse Tenant’s
obligation to timely pay rent.
a) Delinquent Rent. If not paid on the 1st, Rent shall be considered
overdue and delinquent on the 2nd day of each calendar month. If
Tenant fails to timely pay any month’s rent, Tenant will pay
Landlord a late charge of $_________ per day until rent is paid in
full. If Landlord receives the monthly rent by the 3
rd
day of the
month, Landlord will waive the late charges for that month. Any
waiver of late charges under this paragraph will not affect or
diminish any other right or remedy Landlord may exercise for
Tenant’s failure to timely pay rent.
b) Prorated Rent. 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.
c) Returned Checks. In the event that any payment by Tenant is
returned for insufficient funds ("NSF") or if Tenant stops payment,
Tenant will pay $_________ to Landlord for each such check, plus
late charges, as described above, until Landlord has received
payment. Furthermore, Landlord may require in writing that Tenant
pay all future Rent payments by cash, money order, or cashier's
check.
d) Order in which funds are applied. Landlord will apply all funds
received from Tenant first to any non-rent obligations of Tenant
including late charges, returned check charges, charge-backs for
repairs, brokerage fees, and periodic utilities, then to rent,
regardless of any notations on a check.
e) Rent Increases. There will be no rent increases through the
Termination Date. If this lease is renewed automatically on a month
to month basis, Landlord may increase the rent during the renewal
period by providing written notice to Tenant that becomes effective
the month following the 30
th
day after the notice is provided
IV. Security Deposit. Upon execution of this Texas Lease Agreement, Tenant shall
deposit with Landlord the sum of $_______________, receipt of which is hereby
acknowledged by Landlord, as security for any damage caused to the Premises
during the term hereof.
V. Refund of Security Deposit. Upon termination of the tenancy, all funds held by
the landlord as security deposit may be applied to the payment of accrued rent
and the amount of damages that the landlord has suffered by reason of the
tenant's noncompliance with the terms of this Texas Lease Agreement or with
any and all laws, ordinances, rules and orders of any and all governmental or
Page 3 of 10
quasi-governmental authorities affecting the cleanliness, use, occupancy and
preservation of the Premises.
VI. Use of Premises. The Premises shall be used and occupied solely by Tenant
and Tenant's immediate family, consisting of: ____________________________
_____________________________________________, exclusively, as a
private single family dwelling, and no part of the Premises shall be used at any
time during the term of this Texas Lease Agreement by Tenant for the purpose of
carrying on any business, profession, or trade of any kind, or for any purpose
other than as a private single family dwelling. Tenant shall not allow any other
person, other than Tenant's immediate family or transient relatives and friends
who are guests of Tenant, to use or occupy the Premises without first obtaining
Landlord's written consent to such use. Tenant shall comply with any and all
laws, ordinances, rules and orders of any and all governmental or quasi-
governmental authorities affecting the cleanliness, use, occupancy and
preservation of the Premises.
VII. Condition of Premises. Tenant stipulates, represents and warrants that Tenant
has examined the Premises, and that they are at the time of this Lease in good
order, repair, and in a safe, clean and tenantable condition.
VIII. Assignment and Sub-Letting. Tenant shall not assign this Texas Lease
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. An assignment, sub-letting
or license without the prior written consent of Landlord or an assignment or sub-
letting by operation of law shall be absolutely null and void and shall, at
Landlord's option, terminate this Texas Lease Agreement.
IX. 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 Texas Lease Agreement.
X. 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
Page 4 of 10
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 Texas Lease Agreement and all rights hereunder shall
terminate.
XI. Hazardous Materials. Tenant shall not keep on the Premises any item of a
dangerous, flammable or explosive character that might unreasonably increase
the danger of fire or explosion on the Premises or that might be considered
hazardous or extra hazardous by any responsible insurance company.
XII. Utilities. Tenant shall be responsible for arranging for and paying for all utility
services required on the Premises.
XIII. Maintenance, Repair, and Rules. Tenant will, at its sole expense, keep and
maintain the Premises and appurtenances in good and sanitary condition and
repair during the term of this Texas Lease Agreement and any renewal thereof.
Without limiting the generality of the foregoing, Tenant shall:
a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs
and/or halls, which shall be used for the purposes of ingress and
egress only;
b) Keep all windows, glass, window coverings, doors, locks and
hardware in good, clean order and repair;
c) Not obstruct or cover the windows or doors;
d) Not leave windows or doors in an open position during any
inclement weather;
e) 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;
f) Not cause or permit any locks or hooks to be placed upon any door
or window without the prior written consent of Landlord;
g) Keep all air conditioning filters clean and free from dirt;
h) 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;
i) 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;
Page 5 of 10
j) Keep all radios, television sets, stereos, phonographs, etc., turned
down to a level of sound that does not annoy or interfere with other
residents;
k) 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;
l) 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.
XIV. Damage to Premises. In the event the Premises are destroyed or rendered
wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by
the negligence of Tenant, this Texas Lease Agreement shall terminate from such
time except for the purpose of enforcing rights that may have then accrued
hereunder. The rental provided for herein shall then be accounted for by and
between Landlord and Tenant up to the time of such injury or destruction of the
Premises, Tenant paying rentals up to such date and Landlord refunding rentals
collected beyond such date. Should a portion of the Premises thereby be
rendered uninhabitable, the Landlord shall have the option of either repairing
such injured or damaged portion or terminating this Lease. In the event that
Landlord exercises its right to repair such uninhabitable portion, the rental shall
abate in the proportion that the injured parts bears to the whole Premises, and
such part so injured shall be restored by Landlord as speedily as practicable,
after which the full rent shall recommence and the Texas Lease Agreement
continue according to its terms.
XV. Access by Landlord. Landlord and Landlord's agents shall have the right at all
reasonable times, and by all reasonable means, without notice, during the term of
this Texas Lease Agreement and any renewal thereof to enter the Premises for
the following purposes:
a.) Inspect the Property for condition;
b.) Make repairs;
c.) Show the Property to prospective tenants, prospective purchasers,
inspectors, fire marshals, lenders, appraisers, or insurance agents;
d.) Exercise a contractual or statutory lien;
e.) Leave written notice;
f.) Seize nonexempt property after default.
Landlord may prominently display a “For Sale” or “For Lease” or similarly worded
sign on the Property during the term of this Lease or any renewal period.
Page 6 of 10
If Tenant fails to permit reasonable access under this Paragraph, Tenant will be
in default.
XVI. Subordination of Lease. This Texas Lease 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.
XVII. Tenant's Hold Over. If Tenant remains in possession of the Premises with the
consent of Landlord after the natural expiration of this Texas Lease Agreement, a
new tenancy from month-to-month shall be created between Landlord and
Tenant which shall be subject to all of the terms and conditions hereof except
that rent shall then be due and owing at $__________________ per month and
except that such tenancy shall be terminable upon fifteen (15) days written notice
served by either party.
XVIII. 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 Texas Lease Agreement, reasonable use and wear and
tear thereof and damages by the elements excepted.
XIX. Animals. THERE WILL BE NO ANIMALS, unless authorized by a separate
written Pet Addendum to this Residential Lease Agreement. Tenant shall not
permit any animal, including mammals, reptiles, birds, fish, rodents, or insects on
the property, even temporarily, unless otherwise agreed by a separate written Pet
Agreement. If tenant violates the pet restrictions of this Lease, Tenant will pay to
Landlord a fee of $_____________ per day per animal for each day Tenant
violates the animal restrictions as additional rent for any unauthorized animal.
Landlord may remove or cause to be removed any unauthorized animal and
deliver it to appropriate local authorities by providing at least 24-hour written
notice to Tenant of Landlord’s intention to remove the unauthorized animal.
Landlord will not be liable for any harm, injury, death, or sickness to any
unauthorized animal. Tenant is responsible and liable for any damage or required
cleaning to the Property caused by any unauthorized animal and for all costs
Landlord may incur in removing or causing any unauthorized animal to be
removed.
XX. Waterbeds. THERE WILL BE NO WATERBEDS, unless authorized by a
separate written Waterbed Addendum to this Residential Lease Agreement.
XXI. 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
Page 7 of 10
may peacefully and quietly have, hold and enjoy said Premises for the term
hereof.
XXII. Indemnification. Landlord shall not be liable for any damage or injury of or to the
Tenant, Tenant's family, guests, invitees, agents or employees or to any person
entering the Premises or the building of which the Premises are a part or to
goods or equipment, or in the structure or equipment of the structure of which the
Premises are a part, and Tenant hereby agrees to indemnify, defend and hold
Landlord harmless from any and all claims or assertions of every kind and nature.
XXIII. Default. If Landlord breaches this Lease, Tenant may seek any relief provided by
law. If Tenant fails to comply with any of the material provisions of this Texas
Lease Agreement, other than the covenant to pay rent, or of any present rules
and regulations or any that may be hereafter prescribed by Landlord, or
materially fails to comply with any duties imposed on Tenant by statute, within
seven (7) days after delivery of written notice by Landlord specifying the
noncompliance and indicating the intention of Landlord to terminate the Lease by
reason thereof, Landlord may terminate this Texas Lease Agreement. If Tenant
fails to pay rent when due and the default continues for seven (7) days thereafter,
Landlord may, at Landlord's option, declare the entire balance of rent payable
hereunder to be immediately due and payable and may exercise any and all
rights and remedies available to Landlord at law or in equity or may immediately
terminate this Texas Lease Agreement.
XXIV. Abandonment. If at any time during the term of this Texas Lease Agreement
Tenant abandons the Premises or any part thereof, Landlord may, at Landlord's
option, obtain possession of the Premises in the manner provided by law, and
without becoming liable to Tenant for damages or for any payment of any kind
whatever. Landlord may, at Landlord's discretion, as agent for Tenant, re-let the
Premises, or any part thereof, for the whole or any part thereof, for the whole or
any part of the then unexpired term, and may receive and collect all rent payable
by virtue of such re-letting, and, at Landlord's option, hold Tenant liable for any
difference between the rent that would have been payable under this Texas
Lease Agreement during the balance of the unexpired term, if this Texas Lease
Agreement had continued in force, and the net rent for such period realized by
Landlord by means of such re-letting. If Landlord's right of reentry is exercised
following abandonment of the Premises by Tenant, then Landlord shall consider
any personal property belonging to Tenant and left on the Premises to also have
been abandoned, in which case Landlord may dispose of all such personal
property in any manner Landlord shall deem proper and Landlord is hereby
relieved of all liability for doing so.
XXV. Attorneys' Fees. Should it become necessary for Landlord to employ an
attorney to enforce any of the conditions or covenants hereof, including the
Page 8 of 10
collection of rentals or gaining possession of the Premises, Tenant agrees to pay
all expenses so incurred, including a reasonable attorneys' fee.
XXVI. Recording of Texas Lease Agreement. Tenant shall not record this Texas
Lease Agreement on the Public Records of any public office. In the event that
Tenant shall record this Texas Lease Agreement, this Texas Lease Agreement
shall, at Landlord's option, terminate immediately and Landlord shall be entitled
to all rights and remedies that it has at law or in equity.
XXVII. Governing Law. This Texas Lease Agreement shall be governed, construed
and interpreted by, through and under the Laws of the State of Texas.
XXVIII. Severability. If any provision of this Texas Lease Agreement or the
application thereof shall, for any reason and to any extent, be invalid or
unenforceable, neither the remainder of this Texas Lease 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.
XXIX. 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.
XXX. Descriptive Headings. 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.
XXXI. Construction. The pronouns used herein shall include, where appropriate,
either gender or both, singular and plural.
XXXII. Non-Waiver. No delay, indulgence, waiver, non-enforcement, election or non-
election by Landlord under this Texas Lease Agreement will be deemed to be a
waiver of any other breach by Tenant, nor shall it affect Tenant's duties,
obligations, and liabilities hereunder.
XXXIII. Modification. The parties hereby agree that this document contains the
entire agreement between the parties and this Texas Lease Agreement shall not
be modified, changed, altered or amended in any way except through a written
amendment signed by all of the parties hereto.
XXXIV. Notice. Any notice required or permitted under this Lease or under state
law shall be delivered to Tenant at the Property address, and to Landlord at the
following address:
__________________________________
__________________________________
Page 9 of 10
XXXV. Lead-Based Paint Disclosure. If the premises were constructed prior to 1978,
Tenant acknowledges receipt of the form entitled “LEAD-BASED PAINT
DISCLOSURE” which contains disclosure of information on lead-based paint
and/or lead-based paint hazards.
XXXVI. Special Conditions. Pursuant to Sec. 92.016 Tenants may have special
statutory rights to terminate the lease early in certain situations involving family
violence or a military deployment or transfer.
XXXVII. Responsibilities of Landlord. We'll act with customary diligence to:
(1) keep common areas reasonably clean, subject to paragraph 25;
(2) maintain fixtures, hot water, heating, and A/C equipment;
(3) substantially comply with all applicable laws regarding safety, sanitation, and
fair housing; and
(4) make all reasonable repairs, subject to your obligation to pay for damages for
which you are liable.
If we violate any of the above, you may possibly terminate this Lease Contract
and exercise other remedies under Property Code Section 92.056 by
following this procedure:
(a) All rent must be current and you must make a written 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 request for the
repair or remedy (to make sure that there has been no
miscommunication between us) after which we'll have a reasonable
time for the repair or remedy; and
(c) If the repair or remedy still hasn't been accomplished within that
reasonable time period, you may immediately terminate this Lease
Contract by giving us a final written notice. You also may exercise
other statutory remedies, including those under Property Code
Section 92.0561.
Instead of giving the two written requests referred to above, you may give us one
request by certified mail, return receipt requested, or by registered mail--after
which we will have a reasonable time for repair or remedy. "Reasonable time"
takes into account the nature of the problem and the reasonable availability of
materials, labor, and utilities. Your rent must be current at the time of any
request. We will refund security deposits and prorated rent as required by law.
XXXVIII. Parking Rules. Tenant may not permit more than vehicles, including but
not limited to _________ automobiles, trucks, recreational vehicles, trailers,
motorcycles, all-terrain vehicles, jet skis, and boats, on the Property unless
authorized by Landlord in writing. Tenant may not park or permit any person to
Page 10 of 10
park any vehicles in the yard. Tenant may permit vehicles to be parked only in
drives, garages, designated common parking areas, or in the street if not
prohibited by law or an owners’ association. Tenant may not store or permit any
person to store any vehicles on or adjacent to the Property or on the street in
front of the Property. In accordance with applicable state and local laws, Landlord
may have towed, at Tenant’s expense: (a) any inoperative vehicle on or adjacent
to the Property; (b) any vehicle parked in violation of this paragraph or any
additional parking rules made part of this lease; or (c) any vehicle parked in
violation of any law, local ordinance, or owners’ association rule.
As to this ______ day of ________________________, 20_____.
Landlord Signature: ____________________________________________________
Printed Name: _______________________________________ Date: _____________
Tenant Signature: ______________________________________________________
Printed Name: _______________________________________ Date: _____________
Tenant Signature: ______________________________________________________
Printed Name: _______________________________________ Date: _____________