RESIDENTIAL
LEASE AGREEMENT
(This is a binding legal document - read before signing)
This agreement made this
_____day of ____________ is between R.A. INVESTMENT
PROPERTIES (management) and ______________________
(hereafter called resident). Management leases to resident,
and resident rents from management, the residential
unit located at ________________________, under the
following conditions:
TERMS.
The initial terms of this lease shall be ____________
beginning ______________ and ending noon ______________.
RENT.
Rent is payable monthly, in advance, at a rate of ________
dollars ($_____) per month, during the term of this
agreement on the first day of each month at P.O. BOX
5931 BRYAN, TX. 77805-5931. Should resident move in
any time other than on the first day of the month rent
will be pro-rated at a rate of one thirtieth the monthly
rate per day for the partial first month. Resident agrees
to pay $________ for each dishonored check. Resident
also agrees to pay a late fee of $5.00 per day for rent
received after the ________ day of the month.
EVICTION.
If rent called for in previous paragraph has not been
received by the fifteenth (15th) of the month, then
management shall immediately and automatically have
the right to take out a Dispossessory Warrant and have
resident, his family, and possessions evicted from the
premises.
RENT INCREASES
/ CONTRACT CHANGES. No rent increases or lease
contract changes are allowed before the Residential
Lease Agreement term ends, except for changes allowed
by a written addendum or amendment signed by both management
and resident.
POSSESSION.
If there is a delay in delivery of possession by management,
rent shall be abated on a daily basis until possession
is granted. If possession is not granted within seven
(7) days after the beginning day of initial term, then
resident may void this agreement and receive a full
refund of security deposit. Management shall not be
liable for damages due to delay in possession.
SECURITY DEPOSIT.
Management acknowledges receipt of _________ dollars
($_____) as a deposit to indemnify owner against damage
to property. Any deposit for pets is additional and
will be listed on a separate Pet Agreement form. Security
deposit will be returned to resident no later than thirty
(30) days after residence is evacuated if:
- Lease term has expired or agreement
has been terminated by both parties.
- All monies due management by resident
have been paid.
- Residence is not damaged and is left
in its original condition, normal wear expected.
- Keys have been returned to management.
- Forwarding address has been received
by management.
Deposit will not be returned
if resident leaves before lease term has expired. Deposit
may be applied by management to satisfy all or part
of resident’s obligations and such shall not prevent
management from claiming damages in excess of the deposit.
Resident may not apply the deposit to any portion of
rent payment.
RESIDENT RIGHTS.
Management must provide to resident the following at
no cost when occupancy begins:
-
A window latch on each window.
-
A door viewer (peephole) on each
exterior door.
-
A pin lock or security bar on
each sliding glass door.
-
A keyless bolting device on each
exterior door.
-
A keyed doorknob lock or keyed
deadbolt lock on each exterior door.
Keyed locks will be changed
between each resident. Resident can request additional
locks be installed by management but is responsible
for the cost. RESIDENT IS NOT ALLOWED TO ADD OR CHANGE
LOCKS TO ANY DOORS.
RENEWAL TERMS.
This lease is valid for a period of ________ months.
Should this lease be breached by resident, both the
last months rent and security deposit shall be forfeited
as liquidated damages and resident will owe rent through
last day of occupancy. A new Residential Lease Agreement
must be signed and agreed upon by both parties as each
contract expires. Management will send a new contract
approximately six (6) weeks prior to termination of
current contract for resident’s review. If no
new lease is filed, then resident is automatically on
a month to month lease until a new contract is signed.
EARLY TERMINATION.
Resident may terminate this agreement before expiration
of the original term under the following conditions:
-
Giving management at least one
months written notice to be effective only on
the last day of the month.
-
Paying all monies due through
the date of termination.
-
Paying an amount equal to one
months rent.
-
Returning residence in a clean,
ready to rent condition.
-
Forfeiting security deposit.
-
Paying an amount equal to one
months advertising to rent property (not to exceed
$75.00).
SUBLETTING.
Resident may not sublet residence or assign this lease
without written consent of management.
CREDIT APPLICATION.
Management having received and reviewed the credit application
filled out by resident, and having relied upon the information
given by resident to be true and correct, has agreed
to enter into this rental agreement with resident. Both
parties agree that the credit application is hereby
made part of this rental agreement. Resident agrees
that if he has falsified any information on the credit
application, management has the right to keep all security
deposits and any pre-paid rent as liquidated damages.
Resident further agrees that if management exercises
their right to terminate this agreement for violating
the credit application policy that resident will remove
himself, his family, and possessions from the premises
within twenty-four hours of notification by management
of the termination of this lease. Resident also agrees
to indemnify management for any damages to the property
of management including but not limited to the cost
of making residence suitable for renting to another
resident, and waives any right of “set-off”
for the security deposit and pre-paid rent which was
forfeited as liquidated damages.
FIRE AND CASUALTY.
If residence becomes uninhabitable by reason of fire,
explosion, or by other casualty, management may, at
its option, terminate the rental agreement or repair
damages within thirty (30) days. If management does
not do repairs within this time frame or if building
is fully destroyed, the rental agreement hereby created
is terminated. If management elects to repair damages,
rent shall be abated and prorated from date of casualty
to date of reoccupancy, providing that during repairs
resident has vacated and removed possessions as required
by management. The date of reoccupancy shall be the
date of notice that the residence is ready for occupancy.
Management will not be liable to any resident, guest,
or occupant for personal injury, damage, or loss of
personal property from fire, smoke, rain, flood, water
leaks, hail, ice, snow, lightning, wind, explosions,
or any other casualty unless caused by management’s
negligence. Management has no obligation to remove any
ice, sleet, or snow but may remove any amount with or
without notice. Unless resident is instructed otherwise,
resident must take the following precautions during
freezing weather:
- Cover any exposed pipes or external faucets.
- Keep residence heated to at least fifty (50) degrees.
- Drip hot and cold water faucets.
Resident will be responsible
for damages incurred if the above precautions are not
taken.
PROPERTY LOSS.
Management shall not be liable for damage to resident’s
property for any reason except damage resulting from
management’s negligence. Resident acknowledges
that he is aware that he is responsible for obtaining
any desired insurance for fire, theft, liability, etc.,
on personal possessions, family, and guests.
RIGHT OF ACCESS.
Management shall have the right of access to residence
for inspection and repair or maintenance during reasonable
hours. Management may enter at any time in case of emergency,
to protect life, and/or prevent damage to the property.
USE.
Resident shall be used for residential purposes only
and shall be occupied only by the persons named in resident’s
application to lease. No guest may stay longer than
ten (10) consecutive days and no longer than fifteen
(15) days in any given month without written notification
to management. The presence of an individual residing
on the premises who is not listed on the Residential
Lease Agreement will be sufficient grounds for termination
of this agreement. Residence shall be used so as to
comply with all state, county, and municipal laws and
ordinances. Resident may not engage in the following
prohibited activities:
- Loud or obnoxious conduct.
- Possession, selling, or manufacturing
illegal drugs or drug paraphernalia.
- Engaging in or threatening violence.
- Possession of a weapon prohibited
by law.
- Discharging a firearm.
- Operating a business or childcare
service.
- Use of candles as primary or
secondary lighting.
- Use of kerosene lamps or heaters.
- Any action that interferes with
other residents quiet enjoyment of their residence.
REPAIRS.
Management will make necessary repairs to the exterior
and interior with reasonable promptness after receipt
of written notice from resident. Resident shall maintain
premises in a safe, clean, and sanitary condition. Resident
may not remodel, paint, wallpaper, or structurally change,
nor remove any fixture therefrom without written approval
from management. Management may change or install utility
lines or equipment serving the residence if the work
done does not significantly increase the resident’s
utility bill. Management may turn off equipment and
interrupt utilities as needed to avoid property damage
or to perform work. If air conditioning or other equipment
malfunctions, resident must notify management as soon
as possible during normal business hours. Management
will act with customary diligence to make repairs and
reconnections, taking into consideration any insurance
requirements and direction. Rent will not be abated
in whole or part.
REIMBURSEMENT.
Resident must promptly reimburse management for loss,
damage, or cost of repairs or service caused by resident
or their guests improper use or negligence. These repairs
include but are not limited to repairs, replacement
costs, and damage to doors, windows, and screens. Also
damage from doors or windows being left open or damage
from wastewater stoppages caused by improper objects
in lines serving the residence. Management may, at its
discretion, require advance payment for repairs caused
by the negligence of the resident or their guests.
SMOKE DETECTORS.
Smoke detectors are furnished as required by law. Resident
is responsible for maintaining and periodically testing
smoke detectors. If resident damages or disconnects
smoke detectors, he may be liable to management under
section 92.2611 of the property code for one hundred
dollars ($100.00) plus one months rent, actual damages,
and any legal fees. Resident will be held responsible
to management and others for any loss or damage from
fire, smoke, or water resulting from residents abuse,
negligence, or failure to maintain smoke detectors.
PETS.
Animals of any kind shall not be permitted inside the
residence or in fenced yard at any time unless the prior
written approval of management has been obtained, except
for support animals of disabled persons. Any resident
that wishes to own a pet at/in residence must fill out
a Pet Agreement form and pay the required pet deposit
prior to possession of pet on premises. Violation of
the pet restriction will result in termination of lease
agreement.
- Pet Agreement attached? YES / NO
INDEMNIFICATION.
Resident releases management from liability for and
agrees to indemnify management against loss incurred
by management as a result of residents failure to fulfill
any condition of this agreement, any damage or injury
happening in or about residence or premises to residents
invitees or licensees or such persons property, residents
failure to comply with any requirements imposed by any
governmental authority, and any judgment, lien, or other
encumbrance filed against residence as a result of residents
action.
FAILURE OF MANAGEMENT
TO ACT. Failure of management to insist upon
compliance with the terms of this agreement in part
or full shall not constitute a waiver of any violation.
REMEDIES
CUMULATIVE. All remedies under this agreement
or by law or equity shall be cumulative. If a suit for
any breach of this agreement establishes a breach by
resident, resident shall pay to management all expenses
incurred in connection therewith.
NOTICES.
Any notices required by this agreement shall be in writing
and delivered to P.O. BOX 5931 BRYAN, TX. 77805-5931.
MOVE OUT NOTICE.
Notice must be delivered to management at least thirty
(30) days before expiration of this agreement. Resident
is prohibited by law from applying any security deposit
to rent. Resident must thoroughly clean residence prior
to move out including appliances, doors, windows, bathrooms,
kitchens, carpets, patios, and storage rooms. Failure
to return residence to its original condition (normal
wear expected) will result in a charge against resident.
Resident must also submit a forwarding address to management
along with keys to unit by move out date. RESIDENT AGREES
TO ALLOW MANAGEMENT TO SHOW RESIDENCE TO APPLICANTS
DURING THE THIRTY DAYS PRIOR TO MOVE OUT.
ABANDONMENT.
If resident removes or attempts to remove property from
the premises other than in the usual course of continuing
occupancy, without first having paid management all
monies due, residence may be considered abandoned and
management shall have the right without notice to store
or dispose of any property left on premises. Management
shall also have the right to store or dispose of any
of resident’s property remaining on premises after
the termination of this agreement. Any such property
shall be considered management’s property and
title thereto shall vest in management. Resident agrees
to pay any charges incurred to remove any property left
on premises.
MORTGAGEES RIGHTS.
Residents rights under this lease shall at all times
be automatically junior and subject to any deed to secure
debt which is now or shall hereafter be placed on premises
of which residence is part; if requested. Resident shall
execute promptly any certificate that management may
request to specifically implement the subordination
of this paragraph.
RULES AND REGULATIONS.
The following are to be adhered to at all times. Any
alteration requires written authorization from management:
- SIGNS: Resident shall
not display any signs, exterior lights or markings.
- LOCKS:
Resident is prohibited from adding locks, changing,
or in any way altering locks installed on doors. All
keys must be returned to management upon termination
of occupancy.
- OUTSIDE OBSTRUCTIONS:
Entrances, walkways, lawns, and parking areas shall
not be obstructed or used for any purpose other than
ingress or egress.
- AERIALS: Radio or television
aerials shall not be placed or erected on the roof
or exterior.
- UTILITIES: All utilities
are the responsibility of resident including water,
cable TV, electricity, and garbage pick-up unless
otherwise noted.
- LAWN CARE: Lawn care is
the responsibility of ___Management ___Resident. Watering
and daily care is the responsibility of resident.
- PARKING: Non-operative
vehicles are not permitted on premises. Any such vehicle
may be removed by Management at residents expense.
Resident shall have no right of recourse against management
therefor. No vehicle may be parked in a fire lane
or designated no parking area. No vehicle shall be
parked on the grass, sidewalk, or patio.
- STORAGE: No goods or materials
of any kind which are combustible or would increase
fire risk shall be placed in a storage area or the
residence itself.
- WALLS: No nails, screws,
or adhesive hangers except standard picture hooks,
shade brackets, and curtain rod brackets may be placed
in walls, woodwork, or any part of residence.
- GUESTS: Resident shall
be responsible and liable for the conduct of his guests.
Acts of guest in violation of this agreement may be
deemed by management to be a breach by resident.
- NOISE: All radios, TVs
etc. must be kept at a level of sound that does not
interfere with neighbors.
Management reserves the
right at any time and from time to time to prescribe
such additional rules and make such changes to the rules
and regulations set forth and referred to above, as
management shall in its judgment, determine to be necessary
for the preservation of order or for the comfort or
benefits of residents generally.
DISCLOSURE RIGHTS.
Management may provide information requested concerning
resident or residents rental history for law enforcement,
governmental, or business purposes.
SPECIAL PROVISIONS. ______________________________________________________
____________________________________________________________________________
ENTIRE AGREEMENT.
This agreement and any attachments constitute the entire
agreement between the parties and no oral statements
shall be binding. It is the intention of the parties
herein that if any part of this rental agreement is
invalid, for any reason, such invalidity shall not void
the remainder of the rental agreement. |