Residential Lease Agreement
This Lease Agreement (hereinafter, the "Lease Agreement") is dated as of _________ (hereinafter, the "Effective Date") and is entered into by and between _________ (hereinafter, the "Landlord") and the following residents:
(hereinafter, the "Tenant(s)").
The Landlord and the Tenant(s) agree as follows:
1. PROPERTY AND OCCUPANTS
A. The Landlord is the owner of certain real property and improvements described as a house (hereinafter, the "Property") located at _________, _________, Texas _________. The Property is further described as follows: _________.
B. The Landlord rents to the Tenant(s) and the Tenant(s) rents from the Landlord the Property according to the terms and conditions described in this Lease Agreement.
C. Unless otherwise indicated in the Lease Agreement, no other portion of the building (hereinafter, the “Building”) is included in the Lease.
D. The Property is for the sole use as a personal residence by the person(s) named above only.
The term of this Lease Agreement begins on _________ (hereinafter, the "Commencement Date") and shall terminate on _________ (hereinafter, the "Termination Date").
Upon the Termination Date, the Tenant(s) shall be required to vacate the Property unless one of the following circumstances occur: (i) The Landlord and the Tenant(s) formally extend this Lease Agreement in writing or create, execute, and sign a new one; (ii) Mandated by local rent control law; or (iii) The Landlord willingly accepts new rent from the Tenant(s), which does not constitute past due rent. In this case, a month-to-month tenancy shall be created, which the Tenant(s) may terminate by giving 30 days written notice as provided by law. All other terms and conditions of this Agreement will remain in full force and effect.
The Tenant(s) is hereby notified that the owner or Landlord _________ is the Property Manager in charge of repairs or maintenance of the Property. If the Tenant(s) has any complaint regarding any issue about the Property, the owner or Landlord _________ shall be contacted at _________, _________, _________.
The Tenant(s) shall pay the Landlord monthly rent in the amount of $_________ for each full month during this lease. The full month's rent is due and payable not later than first day of each calendar month.
Please Take Notice that mail delays will not excuse the Tenant(s)'s obligation to pay the rent on a timely manner.
Place of Payment:
The Tenant(s) shall remit all rent payment amounts owed to the Landlord under this Lease Agreement to the following person or entity and make all amounts payable to the following address: _________.
The landlord may later change the person and place to which the Tenant(s) must remit the rental amounts due under this Lease Agreement.
Please Take Notice that you must place the Property address and the Tenant(s)'s name on all payments.
Method of Payment:
The Tenant(s) shall pay all rent by selecting any of the following forms of payment (select one or more):
Please Be Advised that pursuant to the Texas Property Code, §92.011, Landlords who accept cash payments from Tenants shall provide them with a written receipt and enter the payment date and amount in a record book maintained by the Landlord.
Unless otherwise consented by the owner or Landlord, there shall be no more than _________ person(s) residing on the Property. All the provisions of the Lease Agreement are binding, individually, collectively, and severally, on each person occupying the Premises, whether they are Tenant(s) or Occupants of the Premises.
Please Take Notice that pursuant to §92.010. of the Texas Property Code, the maximum number of adults that a landlord may allow to occupy a dwelling is three times the number of bedrooms in the dwelling.
The Tenant(s) may not permit any guest to stay on the Property longer than _________ consecutive day(s) or _________ day(s) in a calendar year. The Tenant(s)'s guests shall not be considered original occupants of the Property under any circumstances. The amount of time the Tenant(s) guests may stay on the Property may never be longer than the time permitted by any owners' association rule or restrictive covenant or _________ day(s) without Landlord's written permission, whichever is less.
6. POSSESSION, CONDITION AND USE OF PROPERTY
A. Possession and Condition:
The Tenant(s) accepts the Property in its present condition and state of repair and shall be given possession of the Property on the first day of commencement of this Lease Agreement.
At the expiration of the lease term, the Tenant(s) shall leave and surrender the Premises in an as good state and condition as they were in at the commencement of the lease term, reasonable use, wear and tear, and damages by the elements excepted.
If this Lease is terminated prior to closing, the Tenant(s) shall peacefully surrender possession of the Property to the Landlord in its present condition, as improved by the Landlord, except normal wear and tear and casualty loss.
B. Use of the Property:
The Tenant(s) shall occupy and use the Premises exclusively as a residential dwelling unit. The Tenant(s) shall give notice to the Landlord about any prolonged absence prior to leaving the Premises. No other uses shall be allowed to the Tenant(s) other than for residential dwelling purposes, except as may be allowed by the written consent of the Landlord and if and only if the alternative use is allowed under all applicable zoning laws. In such case, the Tenant(s) shall obtain liability insurance to cover any risks associated with alternate use of the property.
Pursuant to §92.332(3) of the Texas Property Code, any material breach of the present Lease Agreement by the Tenant(s) constitutes valid grounds for eviction or lease termination.
7. LANDLORD ACCESS TO PROPERTY
The Landlord and the Landlord's agents shall have the right at all reasonable times, and by all reasonable means, during the term of this Lease Agreement and any renewal thereof to enter the Property for the following purposes:
The Landlord may prominently display a "For Sale" or "For Lease" or any other similarly worded sign on the Property during the term of this lease or any renewal period. The Landlord or the Landlord's agent may make interior or exterior photographs or images of the Property and use the photographs or images in any advertisements to lease or sell the Property.
Prior to accessing the Property, the Landlord or anyone authorized by the Landlord shall attempt to contact the Tenant(s) but may enter the Property at reasonable times without notice to make repairs or to show the Property to prospective tenants or buyers, inspectors, fire marshals, lenders, appraisers, or insurance agents.
Additionally, the Landlord or anyone authorized by the Landlord may peacefully enter the Property at reasonable times without first attempting to contact the Tenant(s) and without notice, specifically to:
- Survey the Property's condition and take photographs to document the condition.
- Make emergency repairs.
- Exercise a contractual or statutory lien.
- Leave written notices.
- Seize nonexempt property if the Tenant(s) is in default.
8. MOVE IN CONDITION
The Landlord makes no express or implied warranties as to the Property's condition. The Tenant(s) has inspected the Property and accepts it AS-IS.
Furthermore, the Tenant(s) shall provide written notice and request to the Landlord, noting any damages to the Property, and deliver it to the Landlord within 7 days after the Commencement Date of this Lease Agreement. If the Tenant(s) fails to timely deliver such written notice and request for repairs to the Landlord in the manner described below in the Repairs section of this Lease Agreement, the Property will be deemed to be free of damages, unless otherwise expressed in this lease.
9. MOVE OUT CONDITION
When this lease ends, the Tenant(s) shall surrender the Property in the same condition as when delivered by the Landlord, normal wear and tear excepted. The Tenant(s) shall leave the Property in a clean condition free of all trash, debris, and any personal property.
The Tenant(s) shall not abandon the Property. Abandonment of the property shall be considered to have occurred as defined below in the "Absences" section of this Lease Agreement.
If the Tenant(s) leaves any personal property in the Property after surrendering or abandoning the Property, the Landlord may proceed as explained below in the "Personal Property" section of this Lease Agreement.
Parking spaces for motor vehicles or motorcycles are not provided nor permitted on the Premises under this Lease Agreement.
11. SMOKE ALARMS
The Landlord shall provide a fire alarm system throughout the Property as required by Texas Property Code, Chapter 92, Subchapter F.
Requests for additional installation, inspection, or repair of smoke alarms must be in writing.
Disconnecting or intentionally damaging a smoke alarm or removing a battery without immediately replacing it with a working battery may subject Tenant to civil penalties and liability for damages and attorney fees under §92.2611, Texas Property Code.
The Landlord shall maintain the Premises at all times and perform all repairs reasonably necessary. The primary duty of the landlord shall be to meet the implied warranty of habitability of the Property, that the premises are in a safe, livable condition.
During the Term of this Lease Agreement and any renewal thereof, Tenant(s) shall:
(1) Keep the Premises clean and safe, use all electrical, plumbing, heating, ventilating, and air conditioning facilities and appliances in a reasonable manner.
(2) Repair any damage arising from the act or negligence of Tenant, Occupants, or guests, agents, visitors, and invitees, at tenant's expense.
(3) Surrender the Premises in as good order and condition as when received, reasonable wear and tear excepted, upon the termination of this Lease Agreement.
(4) Immediately notify the Landlord, in writing, of any problem, malfunction or damage; otherwise, the Tenant(s) will be liable for the costs of any such damage, which might have been avoided had the Tenant promptly notified the Landlord of the defect.
Subject to the provisions contained in the Texas Property Code, Chapter 92, Subchapter B, all requests for repairs must be in writing and delivered to the Landlord. Only in the event of an emergency related to the condition of the Property that materially affects the physical health or safety of an ordinary tenant, the Tenant(s) may call the Landlord.
The Tenant(s) may not repair or cause to be repaired any condition, regardless of the cause, without the Landlord's permission. All decisions regarding repairs, including the completion of any repair, whether to repair or replace the item and the selection of contractors, will be at the Landlord's sole discretion.
The Landlord does not have a duty to repair or remedy a condition if:
(1) The Tenant(s) is delinquent in rent at the time a repair notice is given.
(2) The condition was caused by the tenant(s), a member of the tenant's family, or a guest or invitee of the tenant (unless the condition was caused by normal wear and tear).
The Texas Property Code presumes that 7 days is a reasonable period of time for the Landlord to make a diligent effort to repair a condition unless there are circumstances that establish that a different period of time is appropriate (such as the severity and nature of the condition and the availability of materials, labor, and utilities).
If the Landlord fails to repair a condition that materially affects the physical health or safety of an ordinary tenant as required by this lease or the Texas Property Code, the Tenant(s) may be entitled to exercise remedies under §92.056 and §92.0561 of the Texas Property Code:
(1) Terminate the lease and obtain an appropriate refund under §92.056(f).
(2) Have the condition repaired or remedied according to §92.0561.
(3) Deduct from the rent the cost of the repair or remedy according to §92.0561.
(4) Obtain judicial remedies according to §92.0563.
14. UTILITIES AND SERVICES
The Tenant(s) shall be solely responsible for and shall pay expenses for all utilities and services used or consumed at the Property.
Notice: Before signing this Lease Agreement, the Tenant should determine if all necessary utilities are available to the Property and are adequate for the Tenant's use.
15. ALTERATIONS AND IMPROVEMENTS
The Tenant(s) shall not make any alterations, additions, redecorations, or any sort of improvements on the leased Property without the Landlord's prior written consent. All additions, alterations, fixtures, or improvements made by the Tenant(s), except movable furniture household furniture, shall become the Landlord's property and remain on the Property as part of the Property and shall be surrendered with the leased premises at the Termination of this Lease Agreement.
To the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed, or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Texas Lease Agreement.
Tenant's Initials __________
16. HAZARDOUS MATERIALS
The Tenant(s) shall not keep or have on the Property any article or item of a dangerous, flammable, or explosive material on the Premises 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.
17. RANDON GAS DISCLOSURE
As required by law, the Landlord makes the following disclosure: "Radon Gas" is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Texas. Additional information regarding radon and radon testing may be obtained from your county public health unit.
18. COMPLIANCE WITH REGULATIONS
Tenant will promptly comply with all laws, ordinances, requirements, and regulations of the federal, state, county, municipal and other authorities, and the fire insurance underwriters. However, Tenant will not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature.
Notice required by statute will be given in accordance with the applicable statute. All other notices shall be deemed sufficient if made as follows:
- All notices to the Landlord shall be directed by personal delivery or first-class mail to the Landlord at the appropriate address set forth below, until Tenant is notified, in writing, to the contrary.
- All notices to Tenant shall be directed by personal delivery or first-class mail to Tenant at the leased premises or any forwarding address provided in writing by Tenant to the Landlord.
_________, _________, Texas _________
Such addresses may be changed from time to time by any party by providing notice as set forth above.
20. GOVERNING LAW
This Lease Agreement shall be governed, construed, and interpreted by the Laws of the State of Texas.
- Future inquiries about this lease, rental payments, and security deposits should be directed to the person listed for receipt of notices for the Landlord.
- It is the Tenant(s)'s responsibility to determine, before signing this lease, if:
(i) All services (e.g., utilities, connections, schools, and transportation) are accessible to or from the Property.
(ii) Such services are sufficient for Tenant's needs and wishes.
(iii) Tenant(s) is satisfied with the Property's condition.
- The brokers to this lease have no knowledge of whether the Landlord is delinquent in the payment of any lien against the Property.
- Unpaid rent and any unpaid amount under this lease are reportable to credit reporting agencies.
- The Landlord is not obligated to respond to any requests for Tenant(s)'s rental and payment history from a mortgage company or other prospective landlord until the Tenant(s) has given notice of termination of this lease and Tenant is not in breach of this lease. (Notice: The Landlord or the Landlord's Agent may charge a reasonable fee for processing such information).
- The Texas Department of Public Safety maintains a database that the public may search, at no cost, to determine if registered sex offenders are located in certain areas (see www.txdps.state.tx.us under online services). For information concerning past criminal activity in certain areas, contact the local police department.
- The Landlord's insurance does not cover the Tenant(s) from loss of personal property. The Landlord highly recommends that the Tenant(s) obtain liability insurance and insurance for casualties such as fire, flood, water damage, and theft.
- This lease should not be used in conjunction with executory contracts of any type, such as contracts for deed, leases with options to purchase, or lease options, without the advice of an attorney.
- This lease is negotiable between the parties. This lease is binding upon final acceptance. READ IT CAREFULLY. If you do not understand the effect of this lease, consult your attorney BEFORE signing.
IN WITNESS WHEREOF, the Landlord and the Tenant(s) have executed this Lease Agreement in the manner prescribed by law as of the Effective Date.
By: ____________________________ Date: __________________
By: ____________________________ Date: __________________
By Signing above the Landlord hereby acknowledges receipt and the Tenant(s) acknowledges the payment of the following:
Total Collected: $0
On _________________(date), the Landlord provided a copy of the lease, signed by all
parties, to ______________________(the Tenant(s)) by mail e-mail fax in person.