Section I. Terms and Conditions
This Lease Agreement (“Lease”) is made this _____ day of ______________ 2016, by and between Noble Apartments, LLC (“Owner”), as landlord, the owner of the property located at 306 North Street, Houston, Texas 77009 (“Community”) and
(“Resident,” “you,” or “your,” whether one or more).
The terms “you” and “your” refer to Resident, including all occupants aged 18 and above.
You are leasing Apartment # _____ (the “Apartment”) at a legal address of 306 North Street, Houston, Texas 77009. You agree to direct notices, demands and service of process to this address.
The terms “we,” “us,” and “our” refer to the Owner. Below is information on the Community:
- Address: 306 North Street, Houston, Texas 77009 (“Leasing Office”),
- Telephone Number: (832) 668-5917,
- Email Address: email@example.com
- PERMITTED OCCUPANTS.
The persons listed, if any, in the bulleted list in this subsection, who must be 17 years of age and under, may occupy the Apartment in addition to you (“Permitted Occupants”). You agree that any occupant not listed is unauthorized. You agree to limit visitors to 4 consecutive days and 2 occasions in any one month. You agree that the total number of Permitted Occupants is 2 persons per bedroom plus 1 additional person, except as further limited by local zoning and/or fire code regulations. You also understand and agree that the presence of unauthorized occupants in the Apartment is a breach of the Lease. You agree you are responsible for the actions of Permitted Occupants, guests and visitors, whether authorized or not.
- TERM, RENEWAL/NON-RENEWAL, NOTICE TO VACATE.
- The term of the Lease (“Term”) begins at 12:00 noon on __________________________ (“Commencement Date”) and ends at 12:00 noon on _________________ (“Termination Date”).
- Upon expiration of the Term of the Lease, but not upon the earlier termination of the Lease, the Lease shall continue as a month-to-month tenancy unless one of the following occurs:
- We give you at least a 30 days written notice to vacate prior to the Termination Date stating that the month-to-month tenancy shall not commence; or
- You give us written notice to vacate at least 60 days prior to the Termination Date stating your election that the month-to-month tenancy shall not commence; or
- You sign and return a renewal lease to us at least 60 days prior to the Termination Date; or
- You exercise the Early Lease Termination option set forth in Paragraph C.3.
If the Lease continues as a month-to-month tenancy because none of the actions in subparagraphs (a) through (d) has previously occurred, each of the terms and conditions of the Lease shall apply to such tenancy, except that the Lease Term shall be deemed modified to provide that the tenancy shall be from month to month (the “New Lease Term”). You agree that the Rent shall be deemed modified to be the amount we set forth in the lease renewal notice we sent you 30-60-90 days before the Termination Date, plus your utility usage and other monetary amounts due under the Lease (the “New Rent”). We may increase the New Rent in accordance with any applicable law. Should the Lease continue as a month-to-month tenancy, you and we agree to give the other at least 30 days’ notice to terminate the tenancy.
If you do not give us the notice set forth in sub-paragraph (b) above and you vacate the Apartment on the Termination Date, you agree that you owe New Rent or increased New Rent for each day the Apartment remains unrented for 60 days after you vacate. You agree that all rental obligations under the Lease accelerate to become due in full once the Apartment is vacated.
If you do not vacate the Apartment after we give you the notice set forth in sub-paragraph (a) above, you are wrongfully holding over and you agree that you owe three (3x) times the Total Rent without concession discount pro-rated for each day you hold over, plus damages we incur due to your wrongful holdover including, but not limited to: attorneys’ fees; damage we incur if we are unable to deliver the Apartment to the next resident; damage incurred by the next resident; and statutory damages provided by law.
- Early Lease Termination Option. You are expected to remain a Resident for the entire Lease Term. If you do not, you will owe all damages provided by law. These include, but are not limited to, rent due through the Termination Date.
To avoid this uncertainty, you may choose to exercise an early termination option. This means you may choose to pay a flat charge in advance to terminate the Lease early, rather than remaining liable for rent due through the Termination Date. To exercise this option, you must deliver us:
- A 60-day written notice stating that you have elected to exercise this option;
- A lease cancellation charge of 4 months’ Total Rent, including all amounts due under the Lease;
- The amount of concessions received through the accelerated termination date; and
- Rent and other amounts due through the accelerated termination date.
When we receive the written notice and payment and sign the notice, the Lease Termination Date is amended. The new termination date is the date specified in the notice. It will be at least 60 days after you deliver the notice and the payment. If you exercise the early termination option, your rent obligation changes but you must comply with all other Lease obligations.
The 60-day notice will not accelerate the Termination Date if:
- You are in default under the Lease at the time of notice;
- You deliver the notice but not the cancellation charge; or
- You vacate the Apartment before the Termination Date and you do not follow the above procedure.
If you move out before the Termination Date without complying with this paragraph, it is a default under the Lease and we may terminate your right of occupancy and exercise any and all rights we have under the Lease. Termination of your possession rights does not relieve you from your obligation and liability for future rent and other charges.
- RENT AND OTHER ADDITIONAL RENT.
- You agree that the word “rent” as used in this Lease includes, without limitation, the above Total Rent, plus your utilities, charges, late charges, pet charges, amenity charges and all other monetary amounts you owe under the Lease. You agree to pay rent in advance, without demand and grace period, and without right to setoff or deduction, by midnight on the 1st day of the month. Time is of the essence. Pro-rated rent calculations are based upon a calendar month. You agree to pay online, if applicable, or with check or money order(s) made payable to Noble Apartments, LLC and delivered to the Leasing Office. If your ability to pay rent online is unavailable due to internet outages or restrictions, software or hardware impairments or outages, you must pay your rent by money order or check when due. We do not accept credit cards.
- If we receive Total Rent after 11:59 PM on the 3rd day of the month, you also owe Late Rent and a refund of your Concession Discount for that month. Late Rent is Total Rent plus your Concession Discount plus 10.0% of Total Rent, if rent is paid on the 4th day of the month, plus $10.00 per day after that until rent is paid in full (“Late Rent”). Daily late charges will not exceed 15 days for any single month’s rent. If you have a one-time Concession Discount and you pay rent late, you agree to reimburse us a pro-rated 1/12th share of the Concession Discount for the month you pay rent late. You agree to pay Late Rent by cashier’s check, certified check or money order. We apply money first to any past due balance, then to non-rent charges, then to Late Rent, then to Total Rent, regardless of any notation you make on the check. If we accept Late Rent, we accept it with a reservation of our right to enforce our rights under the Lease and applicable law, as more fully set forth in the Terms and Conditions section of the Lease.
- If you do not pay rent when due, you are in breach of the Lease and we may pursue remedies set forth in the Lease and remedies provided by law. If we accept rent after you breach the Lease, we still may enforce our rights and remedies under the Lease and applicable law.
- RETURNED PAYMENT.
If your form of payment is not paid upon presentment, you agree to pay $50.00 for each returned payment plus Late Rent. If you make a rent payment that is not covered by available funds, it is a breach of the Lease. If such a breach occurs, we may file for eviction. If you give us 2 payments that are returned, you agree to give us certified or bank checks for all amounts due under the Lease for 6 months after the date on which the 2d payment is returned.
- SECURITY AND OTHER DEPOSITS.
We require that you provide us with a Security Deposit to protect us from any damage or other losses that may occur during the time you lease and/or occupy the Apartment. We may use the Security Deposit to compensate us for any obligation under the Lease that remains unpaid including, without limitation, your default in rental payments, to repair damages to the Apartment (exclusive of ordinary wear and tear) caused by you, Permitted Occupants, guests and pets, to clean the Apartment and to remedy any other defaults by you under the Lease, including the obligation to restore, replace or return personal property or appurtenances. You understand and agree that smoking in an apartment can result in damages beyond normal wear and tear for which you are responsible as further set forth below. If you vacate the Apartment in breach of the Lease, we may deduct from the Security Deposit the reasonable cost we incur to rekey a security device pursuant to the Texas Property Code.
|Parking Key FOB||$0.00|
|Total Security Deposit||$0.00|
- You have deposited the amounts noted above (collectively, “Security Deposit”, whether one or more deposits) as a Security Deposit against your breach of any of your obligations under the Lease.
- You agree that you will not apply the Security Deposit to any rent or charge due under the Lease. We may use and apply the Security Deposit as allowed by law.
- KEYS AND OTHER DEVICES.
You agree that we have provided you the following keys/fobs/gate cards/gate remotes/toll tags or similar devices (referred to hereafter by specific name or by the term “Device”). All Devices are our property and we provide Devices only to Residents and Permitted Occupants. You agree both to inform the Leasing Office if you lose any Devices and to return all Devices at the end of the Term. If you do not return a Device, we add its replacement cost to your account.
|Keys to Apartment||2||$100.00|
|Lock Change / Re-Key||1||$100.00|
|Mail Box Key||1||$100.00|
|Security Gate FOB||1||$100.00|
- INSURANCE, LOSS OR INJURY.
You acknowledge that our insurance does not protect you against any personal injury or loss or damage to your personal property. Further, our insurance does not protect you against your own liability for injury, loss or damage that you, Permitted Occupants, guests and pets cause others. You acknowledge that you may be responsible for the full cost of any injury, loss or damage that you, Permitted Occupants, guests and pets cause to third parties, including damage to our property, as law allows.
To protect against this, we are requiring you to obtain a liability insurance policy that provides liability limits of at least $15,000.00 per occurrence or renter’s insurance that provides the minimum liability limit by that insurance provider. You agree that whichever policy you obtain covers you, Permitted Occupants, guests and pets and covers you for personal injury and property damage any of you causes to third parties, including us. You agree that you will give us proof of this insurance before you take possession of the Apartment and that you will keep this insurance policy in force for the entire Lease Term. You are free to use the insurance carrier of your choice.
You agree not to have animals in the Apartment without our prior written permission. We give you permission to have the animal(s) described below (the “Pet”) and you agree to pay a non-refundable pet charge of $250.00, a pet deposit of $250.00 and the monthly pet rent set forth in Paragraph D. for each pet. If you acquire a pet during the Term, you first must request our prior written permission and execute a new Lease. We allow a maximum of 2 pets per apartment and we prohibit certain animals and canine breeds as set forth in the Community Rules and Regulations section of the Lease.
We permit only cats, dogs, birds and fish and do not permit exotic or un-domesticated animals. You further agree and understand that we prohibit certain canine breeds and mixes of breed in our sole discretion, including, but not limited to: Akitas, Alaskan Malamutes, Bull Mastiffs, Chows, Doberman Pinschers, German Shepherds, Pit Bulls, Presa Canarios, Rottweilers, Shar Peis, Siberian Huskies, Staffordshire Terriers, Wolf Hybrids or mixes of these breeds. You agree to give us a picture of your pet and to give us your pet’s identification tag number at our request. You agree to give us the pet’s veterinary record signed by a veterinarian and dated within the past 12 months. It must show that the pet complies with applicable pet health laws. For your pet’s safety and well-being and in consideration of other residents, you agree to keep your pet on a leash when it is not in the Apartment and you agree not to tie the leash to a gate, balcony, tree or any other fixed object. For the same safety and consideration reasons, you agree not to leave unattended pets, pet crates or similar containers on patios, balconies or Common Areas. You agree to control the pet at all times and to walk the pet in areas away from lawns, buildings and recreational facilities. You agree not to bring your pet, unless it is a service animal, to the clubhouse, office, laundry room, or other Amenity. If you do not have permission to have a pet or if your pet causes complaints, you agree to remove the pet from the Community within 24 hours after we request. You agree that you are responsible for any damage your pet or your guests’ pets cause to the Apartment or to the Common Areas. You agree to pay our costs to restore damaged areas to their condition existing on the Lease Commencement Date, including attorneys’ fees and costs. If we cannot repair the damage, you agree to pay the cost of replacement. Your liability is not limited to the amount of your Pet Deposit and/or any other Security Deposit.
YOU MUST PICK UP AFTER YOUR PET! IF YOU DO NOT PICK UP AFTER YOUR PET, WE MAY CHARGE YOU $100.00 AS ADDITIONAL RENT REPRESENTING OUR CHARGE FOR EACH TIME OUR STAFF CLEANS UP AFTER YOUR PET.
You represent that you do not have a pet and initial this paragraph. If we find that you have a pet, you agree to remove the pet from the Community within 24 hours and to pay $500.00 plus $10.00 per day for each day the pet remains in the Apartment thereafter (“Unauthorized Pet Charge”). If we permit you to have the pet, you agree to pay the Unauthorized Pet Charge, to execute a new Lease, to pay a pet charge, a pet deposit and pet rent retroactive to the Commencement Date in the amounts set forth above.
- COMMON AREA USE AND AMENITIES USE.
The Community provides common areas and various services, equipment and facilities that you may use at your own risk.
Common areas include all areas and facilities outside the Apartment, within the Community, that are provided and designated for the general, non-exclusive use of the Community’s residents and their guests. Common areas include, without limitation, guest suites, laundry facilities, lobbies, lounges, hallways, staircases, elevators, loading areas, trash areas, roads, sidewalks, walkways, landscaped areas, courtyards and other similar areas (“Common Areas”).
You agree to use all the Common Areas and Amenities in accordance with the Release, Waiver and Consent below and in accordance with the Community Rules and Regulations section of the Lease and other rules and restrictions specific to the Community. We may revoke your right to use the Amenities at any time, in our sole discretion.
- UTILITIES AND OTHER CHARGES.
Unless identified below, you agree to obtain and pay for (as additional rent) all utilities and other charges applicable to the Apartment beginning on the Commencement Date, whether or not you occupy the Apartment on the Commencement Date. You agree to pay all utility bills and other charges on time. We have the right to choose your utility and other service providers as law allows.
You agree to register all utilities, including electricity and natural gas where applicable, in your name before the Commencement Date. If you do not, you are in default of the Lease and we may exercise any and all rights and remedies under the Lease and applicable law, including, without limitation, terminating the Lease.
If you fail to register utilities in your name before the Commencement Date, we may charge you for utilities billed to us with respect to the Apartment and also may charge you an administrative charge in an amount not to exceed $50.00 per incident.
You agree that we may, but are not obligated to, pay your utility bill and/or other charges on your behalf if you do not pay the bill on time. If we elect to make payment on your behalf, you agree to reimburse us within 24 hours after we provide you with an invoice. Such invoices include an administrative charge not to exceed $50.00.
You agree that you will not disconnect, terminate or interrupt your utilities and that if we incur charges associated with your utility bills, you owe those amounts as additional rent. You agree that we are not liable for utility service failure or interruption.
We bill utilities as the law allows. The method that applies to the Apartment is set forth below. You agree that we may modify the method, increase the charges, including trash removal, pest control and bill processing charges and change the Billing Entity during the Term with a 30 day notice. If we do so and if we request you to sign an appropriate addendum, you agree to sign the addendum within 10 days after our request. Your failure or refusal to do so is a breach of the Lease.
- Water and Wastewater. We have included in Section I.D your proportionate share of the water usage at the Community. We agree to use our best efforts to repair any water leaks inside or outside the Apartment no later than 7 days after learning of them. The Water/Wastewater Utility Provider is the City of Houston.
- KEY RELEASE.
We will not give keys to anyone other than Residents and Permitted Occupants.
- LOCK-OUT CALLS.
If you call maintenance after hours to let you into the Apartment, you agree to pay $75.00 per lockout call. You agree to provide proper proof of identity and you understand that we are not always able to respond immediately.
- ENTIRE AGREEMENT; MODIFICATIONS; JOINT AND SEVERAL LIABILITY.
You agree that the Lease is made up of this Lease and the Lease Application. You agree that the Lease is the entire agreement between you and us and there are no oral agreements or representations between us. Any modification of the Lease must be in writing and executed by the party to be charged. You agree that each of you was given the opportunity to read and understand the Lease. You agree that each person who signs the Lease is fully responsible to do what is stated in the Lease. You agree that each signer is jointly and severally liable to pay the rent in full and for all other Lease obligations.
- NOTICE, PERMISSION AND CONSENT.
You agree to give all notices required under this Lease in writing, dated and signed by all persons who have signed the Lease. However, if you give a notice that is not signed by all persons who signed the Lease, we may rely on the notice and the notice is controlling at our sole option. If we give you the notice, the notice is delivered when mailed, personally handed to you or anyone in your Apartment or posted on your main entry door if you are absent. If you give us the notice, it is delivered when we receive it at the Leasing Office by certified mail, return receipt requested, or when you deliver it to us personally at the Leasing Office during normal business hours. Notice may not be delivered by means of the drop box.
Any permission or consent you are required to obtain from us under the Lease must be in writing. We may withhold, withdraw or condition our consent in our sole discretion.
- ADMINISTRATIVE CHARGE.
You agree to pay a non-refundable administrative charge in the amount of $150.00 to cover the administrative costs of entering into this Lease. The administrative charge will not be returned to you or credited to any charges you may owe at the end of the Lease Term.
- SECURITY DEVICES.
What we must provide. Texas law requires, with some exceptions, that we provide you, at no cost, at the beginning of the Term: (1) a window latch on each exterior window; (2) a door viewer (peephole) on each exterior door; (3) a pin lock on each exterior sliding glass door; (4) a door handle latch or a security bar on each exterior sliding glass door; (5) a keyless bolting device (deadbolt) on each exterior door; and (6) a keyed doorknob lock or a keyed deadbolt lock on each exterior door. Keyed locks are re-keyed after the prior resident moves out. We re-key either before you move in or within seven (7) days after you move in, as required by statute. If we do not install or re-key security devices as required by the Texas Property Code, you have the right to do it and deduct the reasonable cost from your next payment under Sections 92.165(1) and 92.166 of the Code. You agree to pay for repairs and replacements caused by you, Permitted Occupants, guests, pets and anyone coming into the Apartment at your request and on your behalf.
- MOTOR VEHICLE ACCESS.
We may make policies with respect to the gates as we deem appropriate including, without limitation, removing and/or disabling the gates or any of them with or without notice to you.
You understand and agree that we installed the gates to limit vehicular access to the Community and that the gates are neither an assurance nor a guaranty of your personal safety or property or the personal safety or property of Permitted Occupants or those coming into the Community on your behalf. You acknowledge and agree that we do not make any representations or warranties to any of these persons regarding their personal or property safety.
You agree that we do not guaranty the gates’ effectiveness or that the gates will be operational at all times, as they are subject to mechanical failure. You further agree that we are not obliged to you to furnish gates in the future just because we currently furnish gates. You hereby release and hold us harmless from and against any and all expenses, costs, claims, rights and causes of action in any way related to the gates, their use or operation, maintenance, repair, malfunction, our decision to leave them open or our negligence in connection with any of the foregoing.
- PARKING RULES.
In addition to the parking rules set forth in the Community Rules and Regulations section of the Lease, you agree to the following rules regarding your Vehicle:
- Your vehicle must be operational and have current license plates, inspection stickers, Community stickers and the like. Maximum speed is 5 MPH in the parking area.
- We do not allow you to park or store commercial vehicles, limousines, recreational vehicles, trailers, campers, vans with ladders, trucks with 3 or more axles, boats, jet skis and other similar items (collectively, along with your own automobile, “Vehicles”) unless we consent.
- We do not allow inoperable, unlicensed, unregistered, abandoned or unsightly vehicles, in our sole judgment.
- We do not allow vehicle repair. We do not allow vehicle washing unless we post a designated car- wash area.
- You agree to pay our costs to repair parking surfaces due to auto fluids leaking from your vehicle.
You and Permitted Occupants must park in authorized areas and/or assigned spaces. If you do not, you agree that we may tow your vehicle at your expense.
You agree to properly care for and clean the flooring in the Apartment as generally outlined below and you are responsible for repairs resulting from your failure to comply with this paragraph. You agree that we may determine, in our sole discretion, whether the flooring in the Apartment is to be replaced. You further agree that if we determine to replace the flooring in the Apartment, you agree to pay the cost of replacement as follows: The cost of floor replacement is $5.00 per square foot.
- NON-SMOKING POLICY.
You agree that you will not smoke in the below-listed areas of the Community and that you will be responsible for informing all Permitted Occupants, guests and anyone coming into the Community at your request or on your behalf that they are prohibited from smoking in the below-listed areas of the Community. A breach of this paragraph constitutes a breach under the terms of the Lease.
- You acknowledge that you are aware of the ill effects caused by secondhand smoke. In addition to the physical illness it may cause, it causes us to incur additional maintenance costs when a resident moves out. The Environmental Protection Agency classifies secondhand tobacco smoke (“SHS”) as a class “A” carcinogen. The U.S. Surgeon General identifies SHS as the third leading cause of preventable death. Because of the negative consequences of smoking, we discourage children from smoking both before and after the legal age of 18 and we try to eliminate the presence of smoke and smoking materials from Community areas they tend to frequent. Out of concern for those with respiratory and other health-related conditions, we have adopted the following policy.
- The term “smoking” means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, e-cigarette or other tobacco product or any other legal or illegal drug that is inhaled in any manner or in any form.
- Smoking is prohibited on the entire Community, except on sidewalk areas 15 feet away from Community buildings.
- Anyone who disposes of cigarettes on the ground or anywhere other than approved receptacles is in violation of the Lease.
- We are responsible for enforcing this policy as to all persons in the Community. You are responsible for Permitted Occupants, guests and anyone coming into the Community at your request or on your behalf. If you or any of the foregoing fails to abide by these rules, it is a default under the Lease and we may terminate the Lease and this may affect your rental history.
- You shall promptly notify us, in writing, of any incident where smoke from tobacco, tobacco-related products or drugs are migrating into your Apartment from outside of your Apartment. We shall not be required to take steps in response to smoking unless we have actual knowledge or have been provided written notice.
- You acknowledge that our adoption of this Policy does not make us the guarantor of your health or the health of Permitted Occupants, guests and others in the Apartment or of the smoke-free condition of the areas listed above. We cannot and do not guaranty that the above-referenced areas will be free from secondhand smoke and we expressly disclaim any implied or express warranties that the Community will have any higher or improved air quality standards than any other rental property. You acknowledge that our ability to enforce this Policy is dependent upon voluntary compliance by you, Permitted Occupants, guests and anyone coming into the Community at your request or on your behalf. Further, you acknowledge that our designation of the Community as smoke-free does not in any way change the standard of care that we would have to you and Permitted Occupants to render the Community any safer, more habitable or improved in terms of air quality than any other rental premises.
- You and we agree that the other residents of the Community are third-party beneficiaries of this Policy. A resident may sue another resident to enforce this Policy but does not have the right to evict another resident. Any lawsuit between residents regarding this Policy shall not create a presumption that we have breached this Policy.
- You understand and agree that smoking in an apartment can result in damages beyond normal wear and tear including discoloration, smoke and nicotine stains, unpleasant odors due to the buildup of nicotine in duct work, carpet and on walls and ceilings, as well as to counter tops, tiles and carpets. You agree that if we, in our reasonable discretion, determine that the Apartment needs additional paint and/or heavy cleaning to remove the odor of smoke or the yellow tint of nicotine after you vacate, then this additional work is considered damages beyond normal wear and tear and you agree to pay our costs for such work up to a maximum amount of $2,000.00.
- You are responsible for deodorizing the Apartment when you move out if you have been smoking in the Apartment in breach of the Lease. We will conduct such additional deodorizing, duct, carpet and carpet pad cleaning as we, in our sole discretion, deem necessary where damage has occurred beyond normal wear and tear. If it is necessary to replace the carpet and carpet pad, you agree that you are responsible for the cost. We will either repair or replace carpet and tile that has burn marks. You agree that burn marks on the tile or carpet quickens the depreciation in value of these items and, in some cases, will require us to replace the item entirely. If there are burn marks on the counter top, you are responsible for the actual replacement cost of the counter top.
- ADVISORY REGARDING ONGOING CONSTRUCTION.
You, on behalf of yourself, Permitted Occupants, and guests acknowledge and agree that we advised you before you executed this Lease that we might engage in ongoing construction activities on and around the Community and that these activities will continue during the Term of the Lease. They include, without limitation, the possible need for access to the Apartment, noise, dust, debris, loss of use of portions of Common Area Amenities during periods of time and other events normally associated with construction activities. You nonetheless wish to lease the Apartment and we agree to so lease it to you based on the following conditions:
- You agree not to enter any areas of the Community that are under construction or marked, labeled or designated as “Construction Areas” or areas in which only construction workers are permitted to access.
- You agree to assume all risks and hazards attendant on your execution of the Lease and your entry into and presence in the Community and the Apartment subject to the warranty of habitability.
- You release us, the construction manager and our collective agents, employees, contractors and representatives (collectively, “our Agents”) from and against any and all causes of actions, claims, rights, demands, suits, damages and judgments that you, Permitted Occupants, guests and pets, suffer or sustain arising out of or in connection with our Agents’ presence on or about the Community or Apartment subject to the warranty of habitability.
- Neither the ongoing construction, the lack of amenities nor the inconvenience associated with them allow you to offset your rental obligation or provide a basis of complaint against us for any warranties to you, including constructive eviction, other than for a breach of warranty of habitability.
- You agree to provide access to the Apartment on reasonable prior notice when we so request.
You understand and agree that we have specifically relied upon your above representations and agreements in determining to enter into the Lease. You further agree that your breach of any of the foregoing constitutes a material misrepresentation which entitles us to all remedies for breach of the Lease, including Lease termination. You have made the foregoing request to enter into the Lease despite ongoing construction activity freely, voluntarily and knowingly.
- RELEASE WAIVER AND CONSENT.
We provide various Common Areas, Amenities, services, equipment and facilities that you may use at your own risk. You, on behalf of yourself, Permitted Occupants, guests or minors under your collective direction or control (collectively, “Other Users”), agree as follows:
- You understand that the use of Common Areas and Amenities may involve risk to persons with certain medical conditions. You warrant and represent to us that neither you nor Other Users suffer from any medical conditions which would put you or Other Users at risk by using Common Areas or Amenities, and that you and Other Users have consulted or will consult personal physicians prior to using Common Areas and Amenities, and that you and Other Users will not use Common Areas and Amenities if advised not to do so by personal physicians.
- You understand and agree that we do not furnish any medical or supervisory services. You authorize and consent to medical treatment in the event you or Other Users have an injury or illness that occurs in the Community, whether or not the injury or illness results from use of the Common Areas or Amenities.
- You agree not to permit and you agree not to allow Other Users to permit any minor under the age of 14 to use the Amenities without the supervision of an adult Resident. You agree to obtain our prior written consent before you permit any non-resident or guest to use the Amenities.
- You agree to use, and cause Other Users to use, the Common Areas and Amenities in accordance with the Lease, including, but not limited to, the Community Rules and Regulations section of the Lease and any other rules specific to your Community. We may revoke your right to use the Amenities at any time, in our sole discretion.
- You understand and acknowledge that unless we notify you otherwise, you and Other Users will be utilizing the Common Areas and Amenities unattended by us, our members, agents, employees or affiliates. You agree to assume the risk of injury and damage arising out of or as a result of your use and Other Users’ use of Common Areas and Amenities or any of the equipment therein, as well as from any other condition existing in the Common Areas and Amenities and/or any of the equipment provided and available therein.
- You understand and agree that we have no responsibility for loss or damage to vehicles parked or stored by you or by us or by our concierge or valet services in garages and other parking areas, whether caused by accident, fire, theft, water, vandalism, pests, mysterious disappearances or otherwise, including, without limitation, those damages resulting from our active or passive negligence.
- To the extent permitted by law, you, on your own behalf, and for and on behalf of all Other Users, release and discharge us and our officers, directors, shareholders, agents and employees from claims, causes of action, demands or liabilities occasioned by accident or other occurrence arising out your and Other Users’ use of Common Areas and Amenities and/or the equipment provided and available therein. These include, but are not limited to, claims, causes in action, demands or liabilities relating to your personal injury or property damage.
- To the extent permitted by law, you agree to indemnify and defend us and our officers, directors, shareholders, agents and employees from and against: (a) any loss, damage, liability, claim or expense arising out of injury to you or Other Users resulting from use of the Common Areas and Amenities and the equipment provided and available therein; and (b) any expense relating to any violation, fine or claim arising from any act or neglect of you or any Other Users. The foregoing indemnities shall include reasonable attorneys’ fees. In addition, you agree to reimburse us for any supplies consumed and any damage to the Common Areas and Amenities and/or the equipment provided and available therein caused by you or Other Users.
- PEST CONTROL.
In order to help keep the Community free from Pests as defined below, you, on behalf of yourself, Permitted Occupants and guests, agree as follows:
- Pest include (but are not limited to) ants, bedbugs, cockroaches, fleas, mites, spiders, termites, mice, rats, other vermin and insects (“Pests”).
- Our Inspection and Your Inspection. We have inspected the Apartment and are unaware of any Pests in the Apartment. You represent to us that you have inspected the Apartment prior to leasing and you acknowledge there is no visible evidence of the presence of or infestation of Pests, including bedbugs. At move-in, you agree to complete and sign a Move-In/Move-Out Statement documenting the Apartment’s condition. If you fail to report defects in the Move-In/Move-Out Statement, it will be presumed that the Apartment has been delivered to you in good condition and free from Pests.
If you extend or renew your tenancy at the end of the Term of Lease set forth above and sign a new lease for the Apartment, this paragraph applies to the new lease. On the commencement date of the new lease, it will be presumed that the Apartment is in good condition and free from pests unless you notify us otherwise.
- Regular Pest Control Service. We have contracted with a registered structural pest control company to provide pest control services to the Apartment. You acknowledge receiving a written notice regarding pesticides used on the Apartment. The frequency of the pesticide treatment is once per week upon your request.
- Your Responsibilities and Cooperation. You agree to cooperate with our pest control efforts by:
- Keeping the Apartment clean and uncluttered;
- Promptly advising us of any pest control needs;
- Providing us with access to the Apartment for our pest control assessments and pest control treatment; and
- Preparing the Apartment for pest control treatment and/or vacating the Apartment when necessary in connection with our pest control efforts. You agree to comply with all instructions necessary to prepare the Apartment for fumigation, testing/inspection or repair. Storage, cleaning, removal, or replacement of contaminated or potentially contaminated personal property is your responsibility and at your expense unless the contamination was the result of our negligence, intentional wrongdoing or violation of law. We are not responsible for any condition about which we are not aware.
- If You are Required to Vacate for Treatment. If we request, you agree temporarily to vacate the Apartment for fumigation, Apartment testing/inspection, or repairs. If you are required to vacate the Apartment for treatment, we may (but are not required to) waive rent due for the period of your vacancy on a per diem basis. Alternatively, we may choose to substitute another apartment for the Apartment during the treatment period. You understand and agree that you are not entitled to a rent waiver or to temporary relocation at our expense unless the contamination was the result of our negligence, intentional wrongdoing or violation of law. You agree to bear the expense of moving yourself and your property to the substitute apartment unless we agree otherwise or as otherwise provided by law. If you relocate, you agree promptly to return and reoccupy your original Apartment and vacate the replacement apartment when we notify you that pest control measures have been completed.
Description. Bedbugs are wingless parasites about 1/5 inches long. Adult bedbugs are rusty red or mahogany. Immature bedbugs are smaller and are a lighter, yellowish-white color. Bedbugs feed on blood from humans, pets, birds and other animals, generally at night while the host is sleeping. During the day, bedbugs generally hide in crevices such as seams in mattresses and box springs, bed frame cracks, behind picture frames and inside furniture and upholstery.
Growing Problem. In the past, bedbug infestations were primarily associated with crowded and dilapidated housing. However, bedbug infestations are becoming more common and can be found even in first class hotel and living accommodations. The increase may be the result of increased human travel, movement of infested luggage and items and changes in the pesticides available to control this pest. Bedbugs are transferred to new locations on people, their clothing, furniture, bedding and luggage.
Inspection. Before Bringing Items to Apartment and After Overnight Travel. To prevent bedbug infestations, you agree that before move-in and/or bringing new items to the Apartment and after overnight travel outside the Apartment, you will inspect all luggage, bedding, clothing and personal property and carefully scrutinize and consider the history of any used furniture before bringing it to the Apartment. You should be mindful that furniture found discarded in or around dumpsters or elsewhere may have been discarded because of a bedbug infestation. You agree to allow us to do the same upon request. If we have a concern about possible infestation, we may (but are not be obligated to) either prohibit you from bringing the item into the Apartment and building or require you to have the item treated at your expense before the item is brought into the Apartment or building.
Your Notification to Us of Infestation. You agree immediately to notify us of any condition in the Apartment indicating a bedbug infestation, such as itchy welts on your skin, bedbugs (whether alive or dead), blood spots (either red or brown) or excrement spots (brown or black) on bedding or the bed or a sweet odor.
Bedbug Treatment. Bedbug treatment is challenging. It requires your cooperation, professional treatments over several weeks and requires treatment and/or discarding of furniture, clothing and personal property. Because of the difficulty of bedbug extermination and because of the risk that bedbugs could spread into other apartments, you agree that if bedbugs are found, you immediately will contact us and further agree that you will not attempt to personally exterminate bedbugs. You agree to notify us and you further agree that we have the right to choose and manage the extermination with professional assistance of our choice.
Breach of Pest Control Obligations is a Material Breach. Because pests may pose a risk to the health and safety of other residents, your breach of this paragraph is a material breach of the Lease.
Your Obligation to Indemnify for Failure to Comply. You agree to indemnify and hold us harmless from any claims, losses, damages and expenses that we incur from your negligence or from the negligence of Permitted Occupants, guests or agents, or for your or their failure to comply with the provisions of this Pest Control paragraph.
- RESIDENT EVENTS AND PHOTO RELEASE.
We have the right to and plan to host various resident events for the Community. You agree to allow these events to occur within the Community. Adult residents and guests attending resident events are advised that their photos may be taken and that we may use these photos for any legal media purpose except pornographic, defamatory, libelous or otherwise unlawful purposes. You agree that by attending the resident event, you consent to our use of these photos. In no event, however, will we use photos of minor children without prior specific written consent of a parent or legal guardian. If you object to our use of your photo, you agree to notify the Leasing Office in writing.
Section II. Further Terms and Conditions
- POSSESSION; DELAY OF OCCUPANCY.
If we cannot deliver you the Apartment on the Commencement Date, we are not liable for the delay, nor does this affect this Lease’s validity or extend the term of the Lease. You do not owe rent until we do deliver you an apartment. If we cannot provide you the specific Apartment, we may provide you a similar apartment. If the delay in either case is longer than 14 days, you may terminate the Lease by written notice to us so long as you give notice at least 3 days before we tender possession of the Apartment to you. If you terminate, we refund the rent and other amounts you paid and you agree that you have no other claims against us at law or in equity.
- FALSE OR MISLEADING LEASE APPLICATION.
You affirm that all facts and statements made by you in the Lease Application are true and that you did not omit any material facts. If we determine that you made misleading or untrue statements, oral or written, or omitted material facts, it is a default of the Lease and we may evict you as law allows.
- YOUR BREACH OR DEFAULT; EVICTION; YOUR LIABILITY.
If you do not pay rent or other payments when due, or if you, Permitted Occupants and guests do not comply with any other Lease term, or if you abandon the Apartment, we may exercise any rights and remedies allowed by the Lease or by law. Our rights include, but are not limited to, terminating your right to occupy the Apartment or terminating the Lease upon a three (3) day notice to vacate and regaining possession of the Apartment as provided by law.
If we terminate the Lease or we terminate your right to occupy the Apartment, we still may accept rent and other payments as allowed by law, without waiving our eviction, Lease or statutory rights. If we do not enforce a provision of the Lease in one instance, we may enforce it in other instances, as more fully described below. If you abandon the Apartment and we take possession as the law allows, this terminates your right of occupancy but does not terminate your ongoing responsibilities under the Lease. Our entry is not an acceptance of a tender of the Apartment. If a legal proceeding permits you to keep possession of the Apartment, the Lease still binds you.
If you default, you are liable for and agree to pay:
- A re-letting charge equal to three (3) months’ rent to offset the costs of re-letting the Apartment;
- All monthly rentals and other charges that are payable during the remainder of the Lease Term or 60 days, whichever is greater. These rentals and other charges accelerate automatically without notice and are immediately due and delinquent;
- All rental concessions you received, if any; and
- Any other sums that may be due under the Lease or applicable law.
You acknowledge that the re-letting charge is not a cancellation fee or a buyout fee. The re-letting charge is a liquidated amount covering only your damages associated with our time, effort and expense in finding and processing another resident to occupy the Apartment. You agree these damages are uncertain and difficult to ascertain.
In addition, if you default under the Lease, you are liable to the extent allowed by law for:
- Any court costs and reasonable attorneys’ fees we incur to enforce the Lease; plus
- All collection-agency fees we pay, or are expected to pay, if you do not pay all sums due within 30 days after you move out of the Apartment; plus
- Interest on all unpaid amounts at the maximum rate allowed by applicable law from the due date until paid.
We may report unpaid rent or other charges to credit reporting agencies for recordation in your credit record. You authorize us or our agents to obtain and you instruct any consumer-reporting agency to furnish us a consumer report under The Fair Credit Reporting Act. We use the consumer report in attempting to collect any amounts you owe under the Lease or for any other permissible purpose.
It is your responsibility to return the Apartment in the same condition, less ordinary wear and tear, as it was given to you. Any and all damage is your responsibility no matter who caused the damage or how it was caused. You also are responsible and liable for damage caused to our property or to other persons’ property resulting from your actions or the actions of Permitted Occupants, guests and pets or any person in the Apartment, whether the actions were intentional, unintentional or negligent. You agree to defend and indemnify us against any claims for damages made against us as a result of any such damage, loss, cost expense or liability, including attorneys’ fees and expenses, and to reimburse us promptly for these expenses upon our demand.
If the Security Deposit does not cover all damages resulting from your breach of the Lease, you agree that you owe the balance due for damages over and above the remaining available Security Deposit funds.
- MOVE-IN/MOVEOUT CONDITION OF THE APARTMENT.
When you move in, you agree to advise us in writing of any defects or damage in the Apartment within 5 days after you move in. If you do not do so, you agree that we delivered the Apartment to you in clean, safe and good working condition. We make no representation regarding the Apartment’s condition and we disclaim implied warranties as permitted by law.
When you move out, you agree to clean the Apartment including, but not limited to, doors, windows, bathrooms, kitchen appliances, patios, balconies, garages, carports and storage before moving out. The Apartment must be returned as clean as received. You agree that our determination of amounts you owe is final if the law allows.
- ASSIGNMENT; REPLACING/ADDING A RESIDENT OR PERMITTED OCCUPANT.
You may not assign or sublet the Lease or any part of the Lease. You may not replace or add a Resident or Permitted Occupant without our prior consent, which we may withhold in our sole discretion. If we agree, the new resident/permitted occupant must meet our qualification standards. We may require you to deposit an additional Security Deposit and our permission is good only for one new resident/permitted occupant at a time. You are responsible and liable to us for the actions or inactions of any person in the Apartment. If we agree to release or add a resident/permitted occupant, you agree to pay $350.00 to release and $275.00 to add 1 resident/permitted occupant. These charges include the process of reviewing qualifications, the application process and preparation of a new lease.
- USE OF APARTMENT; YOUR CONDUCT.
You may use the Apartment, Common Areas and Amenities for residential purposes only, subject to applicable law. You agree not to disrupt the quiet enjoyment of others or to disturb, interfere with or threaten the rights, comfort, health, safety or convenience of others (including our agents and employees) and you are responsible for the conduct of Permitted Occupants, guests, pets and anyone coming into the Community at your request or on your behalf. You further agree not to conduct any business in the Apartment, including, but not limited to, child care activity for hire.
- OUR COVENANTS AND YOUR COVENANTS.
We agree to maintain the Apartment, Common Areas and Amenities fit for use as a residential community; to keep the Apartment in reasonable repair and make repairs within a reasonable time after you give us written notice; and comply with health and safety codes. You agree to keep the Apartment clean, safe and in good condition; make no structural or other changes without our consent; and leave the Apartment in the same condition you received it, subject to normal wear and tear.
- WHEN WE MAY ENTER.
You agree that we may enter the Apartment at all reasonable times to inspect, repair, improve, leave notices, for good cause, or to show the Apartment to prospective residents, purchasers or mortgagees, or persons who have a legitimate interest. You agree that we may enter the Apartment with notice when practical, without notice when not practical, as allowed by law. We may enter without notice and in your absence if there is an emergency. If we enter without notice when you are absent, we place a written disclosure of entry in a conspicuous place in the Apartment.
- MOLD AND MILDEW.
You agree to use proper climate control as required in the Community Rules and Regulations section of the Lease, keep the Apartment clean and take other measures to retard and prevent mold and mildew from accumulating in the Apartment. You agree to clean and dust on a regular basis and promptly to remove visible moisture accumulation on windows, walls and other surfaces. You agree not to block or cover heating, ventilation or air-conditioning ducts. You will keep air circulating through the Apartment with fans, heat or air conditioning. You promptly will report:
- Evidence of water leak or excessive moisture in the Apartment, storage, garage or other Common Areas;
- Evidence of mold or mildew-like growth that you cannot remove with a common household cleaner; Failure or malfunction of heating, ventilation, air-conditioning or laundry systems in the Apartment; and
- Doors or windows that do not work.
You agree that you are responsible for the personal injury and property damage you, Permitted Occupants, guests and pets cause in any way (including negligence) to yourselves, to others and to the Apartment as a result of your failure to comply with your specific obligations under this paragraph, as well as with your other obligations under the Lease. You agree to defend, indemnify and hold us harmless from claims, liabilities, losses, damages and expenses (including attorneys’ fees) related to such a breach. Other than as law requires, we are not responsible for normal accumulations of mold, mildew or dust. These are an ordinary occurrence of apartment living and can present a problem to persons of certain sensitivities.
If elevated mold levels exist in your Apartment, you agree, at our request, to vacate the Apartment temporarily so that we may investigate, remediate, control water intrusion or repair the Apartment. You also agree to comply with the instructions we give you to control water intrusion, to control mold growth or to investigate and repair. It is your responsibility to remove, clean, store or replace personal property unless our negligence, intentional wrongdoing or violation of law caused the elevated mold growth. You agree to provide us copies of sampling data and other material relating to water leak, excessive moisture or mold conditions as soon as you obtain them.
- ENVIRONMENTAL INDEMNIFICATION.
You agree to indemnify and hold us harmless against all claims and expenses of any kind made against us (our officers, directors, employees, agents, managers and affiliates) arising out of mold, mildew or other contaminations and caused by your actions, inactions or carelessness or the actions, inactions or carelessness of Permitted Occupants or guests. You agree that you will not conduct or cause to be conducted any contamination inspection or testing. You agree to request us to conduct such testing and you agree to prepay the cost of the testing. You agree that we have the right to engage the third-party certified testing company of our choice. The results of the testing are our property and we are obligated only to disclose positive results exceeding legal limits.
- SMOKE DETECTORS AND CARBON MONOXIDE DETECTORS.
You agree to inspect the smoke detector(s) and carbon monoxide detector(s) (if any) in the Apartment within 48 hours after you move in. If you inform us on the Move-In Form that any smoke detector or carbon monoxide detector is not operating properly, we will repair it. After that, you replace batteries as needed or notify us and we will replace the batteries.
You agree not to turn off any circuit breaker, smoke detector or carbon monoxide detector. You agree not to remove or relocate smoke detectors or carbon monoxide detectors. You agree to test the smoke detector(s) and carbon monoxide detector(s) at least once every two weeks. We do not have an obligation to enter to inspect, replace or repair a smoke detector or carbon monoxide detector unless you notify us that it is not functioning properly. We repair or replace non-working smoke detectors and carbon monoxide detectors promptly when you give notice. You, for yourselves, your heirs, administrators and assigns, agree to release us from liability for personal injuries, loss of property or other damages you incur because you do not comply with this paragraph.
If you damage or disable the smoke detector or remove a battery without replacing it with a working battery, you may be liable to us under the Texas Property Code for $100.00 plus two (2) month’s rent, actual damages and attorneys’ fees.
- WINDOW HAZARDS.
You agree that you are aware of window fall hazards, especially for small children, and that unattended children run the greatest risk of a fall. You agree to keep furniture and anything children can climb on away from windows and to encourage children not to play near windows. You understand and agree that exterior screens are not designed to protect from a fall.
- ANTI-CRIME CONDITIONS.
You, Permitted Occupants and guests will not do the following on or near the Community or elsewhere:
- Engage in criminal activity;
- Engage in any act intended to facilitate criminal activity; Use the Apartment for or to facilitate criminal activity;
- Possess, manufacture, sell or distribute any controlled substances;
- Engage in violence or threats of violence, including unlawful firearm use;
- Cause all or any part of the Community to be placed on any sex offender list or posting; or Permit or fail to try to prevent any criminal activity by legal minors or anyone else.
A SINGLE VIOLATION OF THE ABOVE ANTI-CRIME CONDITIONS IS A MATERIAL BREACH OF THE LEASE AND WE MAY TERMINATE THE LEASE AND EVICT YOU. PROOF OF THE ABOVE DOES NOT REQUIRE CRIMINAL CHARGES, ARREST OR CONVICTION. PROOF IS BY A PREPONDERANCE OF THE EVIDENCE IN OUR SOLE JUDGMENT. YOU AGREE TO INFORM US OF ANY AND ALL INCIDENTS OF CRIMINAL BEHAVIOR THAT VIOLATE THIS PARAGRAPH.
- LEASE SUBJECT TO MORTGAGE/SALE.
The Community may be mortgaged or subject to a lease, deed of trust or similar instrument. This means the rights of the instrument holder are superior to your rights. You appoint us as your attorney-in-fact to execute and deliver documents to subordinate the Lease to any present or future holder. The appointment is coupled with an interest. If we sell the Community, we assign the Lease to the purchaser. You agree that the Lease remains in effect and that the purchaser takes our place as Owner and Agent under the Lease.
You agree that this Lease is subject and subordinate to all present and future mortgages, leases, financing agreements securing money paid or to be paid to any lender and the terms, conditions, renewals, changes of any kind and extensions of any mortgages, leases or financing agreements and the provisions of this paragraph shall be self- executing and not require any acknowledgement on your part.
- WHEN WE MAY DISCLOSE INFORMATION ABOUT YOU.
We protect your privacy, but you agree that we disclose information if required by law enforcement, consumer credit agencies, prospective purchasers, lenders and mortgagors of the Community or to aid in the making of a claim for damages by the Community or one of its residents.
- OUR LIABILITY.
Unless law requires, we are not liable to you, Permitted Occupants and guests or to their respective heirs and assigns for any damage, injury, loss or cost to person or property caused by:
- Any resident’s, person’s or other third-party’s acts, including, without limitation, theft, burglary, assault, vandalism and other crimes and acts of terrorism;
- Environmental issues, toxins, mold, mildew or contamination;
- Acts of God, including catastrophe, storm, flood, wind, rain, hail, ice, snow, lightning, explosion, fire, utilities interruption;
- Failure of an appliance, fixture, roof, wall, door, window, plumbing, heating, ventilation, air conditioning, electrical, water, gas or sewerage system in or around the Apartment or the Community;
- Use of a parking space, garage, carport, access gate, storeroom, laundry facility, and other Common Areas in the Community; or Matters outside of our control.
You agree to assume these risks. You agree to indemnify and hold us harmless for any and all liability for your actions or inactions which cause injury or damage to us or to others. You agree that you will not hold us liable for prior actions in the Apartment by prior residents, their household members and guests including, without limitation, actions that may have continuing residual effects on the Apartment.
As noted in the Cover Page section of the Lease, OUR INSURANCE POLICIES DO NOT COVER DAMAGE TO YOUR PROPERTY, INCLUDING VEHICLES and we are not liable to you, Permitted Occupants and guests for any such loss and damage. Further, we do not warrant that other residents will have and maintain renter’s insurance and you agree that we are not liable for damages resulting from the actions of such other residents.
If any of our insurance coverage is found to apply to any loss or damage covered by your insurance:
- Our insurance and any obligation we have to pay are considered excess coverage.
- Your insurance must be fully used up before any claim may be made against our insurance coverage or us.
- You agree to release us from liability for personal injury or property damage from any cause. This release is effective even if our employees or we cause the injury or damage.
Unless caused by our negligence, we are not liable for and you must pay for repairs, replacement costs and damages to the following: (i) damage to doors, windows or screens; (ii) damage from windows or doors left open; and (iii) damage from wastewater stoppages caused by improper objects in lines exclusively serving the Apartment. At our discretion, we may require you to pay for repairs in advance. If we delay or postpone our demand for payment, we do not waive our right to demand payment at any time.
- LIMITED LIABILITY.
You understand and agree that, to the extent permitted by applicable law, neither we nor our respective trustees, beneficiaries, partners, members, shareholders, directors, officers, employees, agents, attorneys or investors (collectively, the “Exculpated Parties”) shall have any personal liability with respect to any breach by us under this Lease or for any other claim and your recourse and that of your heirs, executors, administrators, legal representatives, successors and assigns against the Exculpated Parties shall extend only to their interest in the Community and not to any of their other assets.
- OUR AGENTS AND REPRESENTATIVES.
Owner and Agent and their successors and assigns may exercise rights, remedies and legal proceedings under the Lease.
- SECURITY NOT PROVIDED.
We do not provide any form of security. You agree that we are not required by the Lease to provide any form of security. If there are security services and/or devices at the Community, they are for the protection of our property only and do not necessarily prevent injury or theft. We make no representation concerning the Community’s safety and no representation that security devices are operable.
- DEATH OR INCAPACITY OF A RESIDENT OR PERMITTED OCCUPANT.
If you or a Permitted Occupant dies or is incapacitated, we release information and property as we reasonably believe is permitted by applicable law. You agree that we are not liable for releasing information or property to persons we believe to have the right to them.
- CHOICE OF LAW & ARBITRATION.
The provisions of this Lease and the relationship of the parties shall be governed and interpreted according to the laws of the state of Texas without regard to choice or conflict of laws that would refer the matter to the laws of another jurisdiction.
If the law permits, we (Owner or Agent) may elect to resolve Lease disputes involving claims against property by arbitration rather than by judicial or administrative proceedings. The parties agree that arbitration does not apply to issues involving rent payment, eviction or contract construction. If Owner or Agent elects arbitration, it will be in the state where the Apartment is located, before one arbitrator and according to the rules of JAMS. The arbitrator’s decision is final and binding. You and we further agree to pay our own attorneys’ fees in arbitration and specifically to waive in arbitration any statutory claim to an award of attorneys’ fees under Chapter 38 of the Texas Civil Practice and Remedied Code or any successor statute thereto. If a court determines that arbitration is not the exclusive forum for disputes under the Lease or that the arbitration award is not final and binding, you agree that you will exhaust the arbitration remedy before you institute judicial or administrative litigation. Notwithstanding the above, you do not waive your right to trial by jury with respect to an action brought under Chapter 92 of the Texas Property Code.
- ATTORNEYS’ FEES AND EXPENSES.
You agree to pay all costs, expenses and reasonable attorneys’ fees and disbursements we incur to enforce or attempt to enforce your obligations or to defend any claim or action by you against us under the Lease, even if you pay rent or other amounts after we begin legal action and whether or not judgment is taken against you.
- DESTRUCTION OR SUBSTANTIAL DAMAGE TO THE APARTMENT; EMINENT DOMAIN.
If, in our judgment, the Apartment’s use and habitability is substantially impaired by casualty, we have the following options:
- We provide you a similar apartment in the Community at the same rent; We terminate the Lease by giving you notice; or
- We terminate the Lease immediately and you vacate the Apartment.
If, in our judgment, the Apartment’s use and habitability is not substantially impaired, we repair the Apartment with reasonable diligence and you must continue to pay full rent. If you did not cause the damage or destruction and we terminate the Lease and you vacate, we abate your rent and refund the balance.
If the whole or substantial part of the Community is taken by eminent domain, the Lease terminates on, and not before, the date when the government takes possession. You agree that you do not share in the eminent domain award.
- EXECUTIVE ORDER.
The United States government prohibits us from doing business with certain persons and entities who commit, threaten to commit or support terrorism. These persons and entities are on a list regulated by the Department of the Treasury, Office of Foreign Asset Control (“OFAC”). You warrant and represent that:
- Now and during the Term, you are not on OFAC’s list of prohibited persons and entities; and
- Now and during the Term, you do not engage in business or associate with persons or entities on the OFAC list.
We follow all federal and state fair housing laws, including those that prohibit discrimination on the basis of race, color, religion, national origin, sex, familial status and disability. We also do not tolerate discrimination by residents on any one of the above bases and such discrimination may be grounds for termination of tenancy as provided by law.
- FAMILY VIOLENCE/SEX OFFENSES/MILITARY (Service Members’ Civil Relief Act of 2004).
Tenants may have special statutory rights to terminate the Lease early in certain situations involving family violence or a military deployment or transfer or certain sexual offenses or stalking.
In the event of a military transfer or deployment of an active duty member of the United States Armed Forces or a member of the National Guard serving on full time duty or as a Civil Service technician with the National Guard, you may terminate the Lease without penalty in accordance with the following terms and conditions:
- You must deliver us a notice to terminate the Lease (“Military Notice”);
- The Military Notice must include a copy of your military orders or other paperwork as required by law showing a destination at least 35 miles from the Apartment;
- The military orders must be for a permanent change of station or a temporary deployment with a military unit for a period of not less than 90 days or a discharge or release from active duty with the Armed Forces of the United States or technician status with the National Guard or orders to report to government housing resulting in forfeiture of basic allowance for quarters;
- You may deliver the Military Notice by hand, by private business carrier, or by placing in an envelope with sufficient postage and depositing in the US mail;
- The effective Lease termination date (the “Effective Date”) is 30 days after the first date on which the next rental payment is due after the date we receive your Military Notice and can be no more than 60 days prior to the date of departure necessary to comply with orders to depart or any supplemental instructions for interim training or duty prior to transfer;
- You must pay rent and all other amounts due under the Lease to the Effective Date; You must repay your lease concession used to the Effective Date; and
- You must make satisfactory arrangements with us to pay any costs we incur to repair damage to the Apartment, if any.
When you complete the above terms and conditions, your obligations and responsibilities under the Lease are fulfilled. After you vacate the Apartment, we return the Security Deposit in compliance with the law. The release of one Resident under this paragraph does not release any other Resident, unless the other Resident is the spouse or legal dependent of the Resident receiving the transfer or deployment.
All our remedies are cumulative. If we fail strictly to enforce the Lease provisions in one instance, we have not waived our right to enforce the same provisions in other instances. Our exercise or commencement of exercise of any and all rights under the Lease or at law does not constitute our election to preclude the simultaneous or future exercise of any and all other rights under the Lease. The Lease is subject to applicable law. If a term in the Lease conflicts with law, the term is modified or deleted to the extent necessary to comply with law. If one Lease term is invalid, the other Lease terms still are valid. If you omit your initials, the Lease still is valid. You agree not to record the Lease or notice of Lease. If the law permits, you waive any homestead or similar statutory rights.
- CONTRACTUAL LIEN.
All property in the Apartment is subject to contractual lien to secure payment of delinquent rent (unless exempt under Section 54.042 of the Texas Property Code).
If your rent is delinquent, we may enter the Apartment peacefully and remove and/or store your property subject to lien. We handle property subject to contractual lien according to Texas law. We leave you notice that we have entered and a list of items we removed. The notice states the amount of delinquent rent and the name, address and phone number of the person to contact about the amount you owe. We return the property to you when your rent is fully paid. We presume all property in the Apartment is your property unless you prove otherwise. We may impose reasonable charges for storing seized property. We may sell the property at public or private sale (subject to any recorded chattel mortgage). We schedule the sale to occur on a date that is after we send you 10 days’ written notice of the sale’s time and place. We send the notice to you by certified mail, return receipt requested, to the Apartment address or to a forwarding address if you have given us one in writing. Sale is to the highest bidder. Proceeds are first credited to the cost of the sale, then to your indebtedness. The surplus, if any, is mailed to you at your last known address. You agree that none of the above procedures necessitate court order.
Section III. Community Rules and Regulations
You agree to comply with all these policies, rules and regulations of the Community (“Community Rules and Regulations”) and with any other rules and regulations specific to your Community. Rules specific to your Community may be posted in and about the Community. You agree that if you do not comply, it is a default under the Lease and that if such a default occurs, we may pursue all remedies under the Lease and applicable law. You agree that we may change or enact new policies, rules and regulations in our sole discretion and that changes take effect when we distribute new Community Rules and Regulations to you.
- YOUR CONDUCT.
You, Permitted Occupants and guests agree to respect the comfort and quiet enjoyment of other residents in the Community. The Apartment is your home and we will not interfere unless you, Permitted Occupants, guests and/or pets disturb or threaten the quiet enjoyment of other residents, their household members, guests and/or pets or our agents, staff and personnel. You agree to be courteous to us in our dealings with you. You agree to maintain order in the Apartment, clubhouse and other Common Areas, Amenities and facilities.
- EMERGENCIES, RESIDENTIAL SAFETY AND PROPERTY LOSS.
For emergencies requiring response by police, fire, ambulance, etc., immediately call 911 or the local authorities, and thereafter, notify the Leasing Office or on-call service.
For emergency maintenance service after hours, call the Leasing Office.
You must exercise due care for your own and others’ safety and security. This includes use of smoke detectors, carbon monoxide detectors, dead bolt locks, keyless bolting devices and window latches. We are not responsible for obtaining criminal-history checks on residents, occupants or guests in the Community unless otherwise required by law. We do not guarantee that the Community is theft-free or crime-free.
If you ask us to perform services the Lease does not require us to perform, you agree you will indemnify us from any liabilities we incur.
Subordination. Your insurance is primary insurance. You or your insurance company must reimburse us for costs or expenses paid or incurred by us or our insurance company and we shall be subject to full reimbursement by you or your insurance company.
Megan’s Law List. If you desire to obtain a copy of the list of convicted sex offenders in the area, you may request a copy from the local or state law enforcement agencies.
- VEHICLES, PARKING, STORAGE.
These rules regarding vehicles and parking are for the safety and convenience of all residents. You agree that if you do not comply with any one of these rules, we may have your vehicle towed and you agree to pay the towing expenses in accordance with state law.
You and Permitted Occupants agree that you will park in authorized areas and/or assigned spaces. If the Community requires parking stickers, your vehicle must save a parking sticker in a visible location.
You agree that your vehicle must be operational and have current license plates, inspection stickers.
You agree not to park or store commercial vehicles, limousines, recreational vehicles, trailers, campers, vans with ladders, trucks with 3 or more axles, boats, jet skis and other similar items (collectively, along with your own automobile, “vehicle or vehicles”) unless we consent.
We do not allow inoperable, unlicensed, unregistered, abandoned or unsightly vehicles, in our sole judgment.
You agree not to repair your vehicle on Community property and you agree to pay our costs to repair parking surfaces damaged by auto fluids leaking from your vehicle.
You agree not to wash your vehicle on Community property unless we post a designated car-wash area. If we post a car-wash area, you agree to restrict your car washing to the posted area.
If you have rented or been assigned a garage, carport, parking space or storage (either the “Auto Space” or the “Storage”), the Auto Space and/or the Storage is part of the Apartment and subject to the Lease.
You agree to use the Auto Space only for parking your automobile and not for storing personal property and you agree not to operate electrical equipment in the Auto Space.
You agree not to place or store in the Auto Space or the Storage any hazardous materials, including, but not limited to, oil or gas containers, paint or cleaning solvents, chemicals or any other such materials or items that may cause injury or damage to us or to other residents.
You understand and agree that our insurance does not cover, and that we are not liable for, damage, theft or vandalism to personal property in the Auto Space, in the parking lot or in the Storage. You confirm that you have chosen to obtain renter’s insurance to cover your own losses and agree not to hold us responsible for your uninsured losses.
You, Permitted Occupants and guests are prohibited from towing vehicles to, from or within the Community without our prior written consent. This prohibition includes the towing of vehicles parked in any Auto Space or Storage rented by or assigned to you. This prohibition also includes the hiring of a towing company or other person or entity to tow a vehicle. A single violation of this subparagraph L. shall, at our option and in our sole discretion, constitute a non-curable breach of this Lease.
- WINDOWS AND WALLS, PATIOS AND BALCONIES.
Window coverings must have white backing facing out. You agree that if you damage the window blinds, you will pay our cost to replace them.
You may use picture-hanging nails but you may not use adhesive hangers. No personal property on the windowsills.
No signs or other such items on windows, balconies and patios or on the building.
Keep your balcony and/or patio clean, orderly and safe. Do not store grills, outdoor equipment or household items there. You agree not to not hang anything from a balcony or window and further agree not to drop, pour or throw anything off the patio/balcony.
- APPLIANCES, PLUMBING, LAUNDRY.
You may not remove or add appliances. Do not place grease, coffee grounds, nutshells, olive or fruit pits, corncobs, bones or non-food items in the kitchen-sink disposal. Do not flush sanitary products or diapers. You agree that we are not responsible if the laundry-room equipment causes damage.
- HEAT LEVEL, HVAC CLOSETS, HAZARDS.
In order to protect against accumulation of mold/mildew in the Apartment, you agree in the cold months to keep the heat at a minimum of 65 degrees Fahrenheit, and in the warm months to keep the air conditioning at a reasonably comfortable setting and the windows closed as much as possible. For purposes of fire safety, you agree not to place items within 2 feet of heating/air conditioning units or water heater closets. You also agree not to store flammable and/or hazardous materials in the Apartment or Community.
- NOISE, DISTURBANCE.
You agree to control the volume of your voice, of televisions, video and audio equipment and musical instruments so that the volume does not interfere with other residents’ quiet enjoyment of their apartments or Common Areas. Large parties are strictly prohibited. If your dog barks or makes other noise so as to interfere with other residents’ quiet enjoyment, it is a default under the Lease and grounds for eviction. Quiet hours are from 9:00 P.M. to 7:00 A.M. We use good faith efforts to control noise in the Community but we do not guarantee you a quiet Apartment.
- TRASH, LITTERING, RECYCLING.
You agree to follow local regulations on collection, sorting and recycling of waste products and to deposit trash as we direct. You agree not to leave trash in the Common Areas or to litter in the Community. If the Community has trash chutes and/or trash compactors, you may deposit only bagged trash in them. If you dispose of boxes and other such bulky material in the trash chutes, it clogs the chutes and causes several hours of maintenance on chutes and trash compactors.
- COMMON AREAS.
You agree not to place doormats in the hallways or Common Areas. You, Permitted Occupants and guests agree not to block any of the halls, stairways, entryways or vestibules of the buildings or Amenities and not to congregate in these areas for recreational or social purposes. Additionally, for safety reasons, you agree not to use laundry rooms, parking lots and driveways for recreational or social purposes. You agree not to engage in organized sports activities, picnicking, etc., except in areas we designate. You agree not to leave or store sporting goods, cooking equipment, lawn furniture and other personal articles and equipment in the Common Areas. Do not tamper with heating apparatus and electrical fixtures in the halls and stairways. You, Permitted Occupants and guests agree to keep all doors leading into and out of the buildings closed and locked at all times. You agree that you, Permitted Occupants and guests will not use the Common Areas and Amenities for personal or professional photography shoots and that you will not place any photographs of the Community on YouTube or any other Internet site.
For your safety and the safety of all residents, we prohibit open-flame cooking devices and liquefied petroleum gas-fueled cooking devices from being operated and stored on combustible balconies or within 15 feet of combustible materials or anywhere inside the Apartment. If local law requires us to allow such operation and storage, we will allow it only if you obtain our written consent. You agree not to do anything in the Community that violates Fire Department rules or regulations, that increases risk of fire or that increases our insurance premium rates.
- CANVASSING, PEDDLING OR SOLICITING.
You, Permitted Occupants and guests agree not to engage in canvassing, peddling or soliciting for any reason without our prior consent.
We do not permit you to use waterbeds or liquid-filled furniture in the Apartment unless law requires. If the law requires us to permit such furniture, your liquid-filled furniture’s weight may not exceed floor-load capacity of the building. We require you to provide us property and liability insurance to cover any damage or injury the furniture may cause and we may increase your Security Deposit as law allows.
- MOVING, DELIVERIES.
You may move furniture to and from the Apartment only between the hours of 8:00 A.M. and 10:00 P.M. unless the Community designates different hours. You must remove packing cases, barrels or boxes you use and if you leave packing material in the Common Areas, you agree to pay our cost of removing it for you. You agree to make deliveries through the service accesses we designate.
- MOTOR VEHICLE ACCESS.
If your Community has controlled access gates, the following apply:
- We furnish the gate to control traffic access to the Community. You agree that it does not guarantee your safety or protect you against criminal activity.
- You agree that we may remove the gate temporarily or permanently at any time and it will not breach the Lease.
- You agree that you will not impair the gate’s use or function. If you do, you agree to pay the cost of the repair.
- You agree on behalf of yourself and Permitted Occupants that we are not liable for property loss or personal injury related to the gate’s installation, operation, repair, replacement or use.
You acknowledge that you have read and understood the Lease and the Lease Application, which is incorporated into the Lease.
WITNESS OUR RESPECTIVE HANDS THIS ______ Day of _____________________, 2016
RESIDENT NOBLE APARTMENTS, LLC
(Includes all occupants age 18 or over)
Name: ________________________________ Mindy Le, Its Agent