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Texas 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:

1. PROPERTY. 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.

2. 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).

3. RENT. 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 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

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.

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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

day after the notice is provided

4. 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.

5. 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 quasi-governmental authorities affecting the cleanliness, use, occupancy and

preservation of the Premises.

6. 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.

7. 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.

8. 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.

9. 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

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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.

10. NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of the

Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord or

its agents, then Landlord or its agents shall have no liability, but the rental herein provided shall

abate until possession is given. Landlord or its agents shall have thirty (30) days in which to give

possession, and if possession is tendered within such time, Tenant agrees to accept the demised

Premises and pay the rental herein provided from that date. In the event possession cannot be

delivered within such time, through no fault of Landlord or its agents, then this Texas Lease

Agreement and all rights hereunder shall terminate.

11. 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.

12. UTILITIES. Tenant shall be responsible for arranging for and paying for all utility services

required on the Premises.

13. 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;

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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.

14. 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.

15. 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.

If Tenant fails to permit reasonable access under this Paragraph, Tenant will be in default.

16. 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.

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17. 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.

18. 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.

19. 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.

20. WATERBEDS. THERE WILL BE NO WATERBEDS, unless authorized by a separate written

Waterbed Addendum to this Residential Lease Agreement.

21. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as being

payable by Tenant and Tenant's performance of all Tenant's agreements contained herein and

Tenant's observance of all rules and regulations, shall and may peacefully and quietly have, hold

and enjoy said Premises for the term hereof.

22. INDEMNIFICATION. Landlord shall not be liable for any damage or injury 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.

23. 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.

24. 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

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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.

25. ATTORNEYS' FEES. Should it become necessary for Landlord to employ an attorney to enforce

any of the conditions or covenants hereof, including the collection of rentals or gaining

possession of the Premises, Tenant agrees to pay all expenses so incurred, including a

reasonable attorneys' fee.

26. 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.

27. GOVERNING LAW. This Texas Lease Agreement shall be governed, construed and interpreted

by, through and under the Laws of the State of Texas.

28. 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.

29. 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.

30. 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.

31. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or

both, singular and plural.

32. 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.

33. 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.

34. 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:

_______________________________________________________________________

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35. 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.

36. 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.

37. 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

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.

38. 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 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.

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As to Landlord this ______ day of ________________________, 20_____.

LANDLORD

Signature: ___________________________________

Print: _________________________________ Date: ______________

As to Tenant, this ______ day of ________________________, 20_____.

TENANT

Signature: ___________________________________

Print: __________________________________ Date: ______________

TENANT

Signature: ___________________________________

Print: __________________________________ Date: ______________

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