RESIDENTIAL LEASE AGREEMENT
SA M DO P L OL E EY LE A PR SE OP A ER GR TI EE ES M , L EN LC T RESIDENTIAL LEASE AGREEMENT_rev.100923 RESIDENTIAL LEASE AGREEMENT 1. PARTIES. This agreement is made by and between DOOLEY PROPERTIES, LLC aka Owner, Landlord and/or Property Manager, hereinafter "MANAGER" and _____________________________________________________________________ _________________________________________________________________________ TENANT, herein after "TENANT". 2. PREMISES. The PREMISES hereby leased by TENANT from MANAGER is described as follows: ADDRESS/STREET: __________________________________________________________________________________ CITY/STATE/ZIP: __________________________________________________________________________________ Lot: _____; Block: _____; Section: _____; in the Addition of ____________________________________________; ___________________________________, __________________________County, TEXAS hereinafter called "PREMISES". 3. TERM. Lease shall commence on _________________________ and end on _________________________ at midnight. 4. AUTOMATIC RENEWAL AND NOTICE OF TERMINATION. NO AUTOMATIC RENEWAL OR MONTH TO MONTH BASIS. THE LEASE SHALL TERMINATE AT MIDNIGHT ON THE LAST DAY OF THE LEASE PERIOD. THEREAFTER THE HOLDOVER PROVISION CONTAINED IN PARAGRAPH 23 HEREIN SHALL APPLY. TENANT IS REQUIRED TO GIVE MANAGER SIXTY (60) DAYS WRITTEN NOTICE OF TENANTS INTENT TO VACATE, FAILURE TO DO SO SHALL BE CAUSE FOR TENANT TO FORFEIT THE SECURITY DEPOSIT AND PAY TO MANAGER ONE MONTHS RENT AS LIQUIDATED DAMAGES. VERBAL NOTICE IS NOT SUFFICIENT UNDER ANY CIRCUMSTANCES. 5. USE OF PREMISES. The PREMISES will be occupied and used solely as a single family dwelling by TENANT and no one else except: LEGAL CHILDREN OF TENANT. NO BUSINESS of any kind or of any nature shall be conducted from the PREMISES AT ANY TIME. 6. PERSONAL PROPERTY. The following items are included with the PREMISES: _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ 7. DELIVERY OF POSSESSION. Possession of the PREMISES shall be delivered to TENANT on the commencement date unless a prior TENANT of the PREMISES should hold over without MANAGER'S permission or delivery of possession is delayed due to construction, repairs, or cleaning, in which event MANAGER shall not be liable to TENANT for such delay, and this Lease shall remain in effect subject to the following terms: (a) rent shall be abated on a daily basis during such delay, and (b) should the delay exceed 60 days after the commencement date, TENANT may terminate this Lease by giving written notice to MANAGER of such termination and MANAGER shall immediately refund to TENANT any deposits and/or rentals TENANT______; TENANT______; MANAGER ______ Page 1 of 14 SA M DO P L OL E EY LE A PR SE OP A ER GR TI EE ES M , L EN LC T RESIDENTIAL LEASE AGREEMENT_rev.100923 paid and neither party shall thereafter have any further obligations to the other pursuant to this Lease. Minor maintenance, cleaning or repairs to be performed on commencement date shall not prevent delivery of possession to TENANT. 8. RENT. TENANT will pay ___________ per month as rent without demand, deduction or offset at 7 SWITCHBUD PLACE • PMB C192-308, THE WOODLANDS, TX 77380 (or at such other place as MANAGER may designate from time to time in writing) on or before the FIRST (1st) day of each calendar month without a grace period. Time is of the essence for the payment of the rent and strict compliance with rental due date is required. If the commencement date is not the first day of a $0.00 calendar month, the prorated rental from commencement date to the first day of next month is ___________ and is payable immediately. TENANT will pay all fees (including key deposits) for the use of common area facilities (such as pools and/or tennis courts, etc.). RENT INCREASE. [___] RENT WILL INCREASE ON THE ANNIVERSARY DATE OF THE LEASE TO $ ___________ [___] RENT WILL INCREASE ON THE ANNIVERSARY DATE OF THE LEASE OR ANY RENEWAL THEREOF BY ______% ROUNDED TO THE NEXT WHOLE DOLLAR. LATE CHARGES. If all rent is not paid on or before the 3rd. day of the month, TENANT agrees to pay, in addition to all rents due, a late charge of ___________ plus a further late charge of ___________ per day (payable from the first day rent was due with NO grace period) until all rent due and/or all fee's incurred are paid in full (any waiver of late charges under this paragraph will not affect or diminish any other right or remedy MANAGER may have and/or exercise against TENANT for TENANT'S failure to timely pay the rent, including but not limited to, eviction proceedings against TENANT and the reporting late payments to the appropriate consumer reporting agencies). RETURNED CHECKS. TENANT agrees to pay a ___________ charge for each returned check. Late charges (initial and daily) shall accrue, as if no rent had been paid, until such time as the returned check is made good and all charges incurred are paid in full. ALL returned checks plus any additional charges are required to be paid in certified funds (any waiver of charges under this paragraph will not affect or diminish any other right or remedy MANAGER may have and/or exercise against TENANT for TENANT'S failure to timely pay the rent with good funds, including but not limited to, eviction proceedings against TENANT and the reporting of returned checks and late payments to the appropriate consumer reporting agencies and/or authorities). APPLICATION FUNDS. Notwithstanding any notations on the check, all payments by TENANT shall be applied first to late charges, if any, and then to non-rent items (i.e., returned check charges, repair deductibles, repairs and/or damages, cost of court, attorney fees, collection fees, brokerage fees, advertising, utilities, interest, etc.), if any, and then to rent in arrears, if any, and then to the current rent due. All amounts past due thirty (30) days shall earn interest, compounded, at the then current highest rate allowed by law. METHOD OF PAYMENT. Good Funds payable by one check in United States currency. MANAGER may require (at any time and or for any reason) without notice that all sums due hereunder be paid by wire transfer, certified check, money order, cashier's check or any other means acceptable to the MANAGER. RIGHT OF POSSESSION AND MANAGER'S OBLIGATION. TENANT and MANAGER agree that all rights of the TENANT and all duties and obligations of the MANAGER under this Lease are completely conditioned upon the prompt and timely payment of the rent. TENANT'S right of possession and all of MANAGER'S obligations are expressly conditioned upon such prompt payment of the rent and the use of the PREMISES by the TENANT is completely and absolutely conditioned upon such prompt payment of the rent. 9. SECURITY DEPOSIT. TENANT agrees the security deposit shall be the total sum of ___________ payable in cash or certified funds at the signing of this Lease. The rights and obligations of the parties hereto regarding the security deposit and refund thereof are described below in paragraphs A & B. A. REFUND. Refund of the security deposit by MANAGER shall be conditioned upon the following: 01) TENANT MUST have fulfilled ALL obligations of TENANT under the terms of the lease, and TENANT______; TENANT______; MANAGER ______ Page 2 of 14 SA M DO P L OL E EY LE A PR SE OP A ER GR TI EE ES M , L EN LC T RESIDENTIAL LEASE AGREEMENT_rev.100923 02) TENANT may not apply or assign any part of the security deposit to the rent, and 03) the term of the Lease or any extension thereof must be ended, and 04) TENANT MUST HAVE DELIVERED TO MANAGER AT LEAST SIXTY (60) DAYS PRIOR TO THE TERMINATION DATE OF THE LEASE WRITTEN NOTICE OF TENANT'S INTENTION TO VACATE THE PREMISES AT THE END OF LEASE TERM OR ANY EXTENSION THEREOF. VERBAL MOVE-OUT NOTICE IS NOT SUFFICIENT UNDER ANY CIRCUMSTANCE, and 05) TENANT must vacate the PREMISES on or before the date specified in the notice to MANAGER and not stay beyond such move-out date and fully and completely satisfy the obligations of TENANT in paragraph B below and, 06) TENANT, MUST DELIVER TO MANAGER, IN WRITING, ON OR BEFORE THE LAST DAY OF THE LEASE, NOTICE OF TENANT'S COMPLETE AND ACCURATE NEW PHYSICAL PROPERTY ADDRESS WHERE TENANT WILL RESIDE OR CAN RECEIVE CIVIL SERVICE, A P. O. BOX IS NOT SUFFICIENT. B. OBLIGATIONS OF TENANT AT MOVE OUT AND AMOUNT OF REFUND. TENANT shall receive the full amount of the security deposit, less deductions for obligations, debits, offsets and/or payments to MANAGER for: 01) work or repairs required to or on the property not performed by TENANT, and/or 02) unpaid late charges, and/or 03) unpaid non-rent items (i.e., returned check charges, repair deductibles, cost of court, attorney’s fees, collection fees, brokerage fees, advertising, utilities, interest, etc.), and/or 04) unpaid rent in arrears, and/or 05) unpaid current rent through the last day of the lease term or any extension thereof, and/or 06) accelerated rent, and/or 07) costs of restoration & repairs to restore the property to its original move in condition as result of abuse, neglect and/or damages beyond normal wear and tear, and/or 08) removal of unauthorized improvements by TENANT and the restoration & repairs associated therewith to restore the property to its original move in condition, and/or 09) removal of unauthorized locks and the repairs associated therewith to restore the property to its original move in condition, and/or 10) interior cleaning, to include but not be limited to, the cleaning of ALL cabinetry, counter tops, shelving, appliances, flooring, carpet, lighting fixtures, bath fixtures, plumbing fixtures, ceiling fans, HVAC vents & grills, mini-blinds, window screens, window treatments, windows, mirrors, doors, garage and deodorizing to restore the property to its original move in condition (TENANT must provide copy of receipt from a professional carpet cleaning company to MANAGER as proof carpets were cleaned and deodorized), and/or 11) exterior cleaning, to include but not be limited to, light fixtures, doors, windows, siding, facia, soffits, brick, walkways, patios, decks, driveways, garage, yard, flower beds to restore the property to its original move in condition, and/or 12) if pets were kept on the premises TENANT must have both the interior and exterior (both front and back yard) treated for fleas (TENANT must provide copy of receipt for same from a professional exterminating company to MANAGER), and/or 13) complete interior & exterior extermination of the premises (even if the premises was exterminated by the MANAGER during the tenancy), and/or 14) replace insufficient, missing or burned out light bulbs, and/or 15) replace broken, non-working smoke detectors and/or batteries, and/or 16) replace broken, non-working security devices, and/or 17) perform yard maintenance and repairs, including but not limited to, mowing, edging, trimming, weeding, fertilization, pest control, spraying of yards for fleas, insects or disease, removal and/or replacement of dead or diseased sod, removal and/or replacement of dead or diseased plants or trees, removal of trash and/or debris, removal of unauthorized landscaping or other improvements, to restore the property to its original move in condition (even if the yard was maintained by the MANAGER during the tenancy), and/or 18) removal of abandoned property, including removal of abandoned, non-working or illegally parked vehicles, trailers, boats or motorcycles, and/or TENANT______; TENANT______; MANAGER ______ Page 3 of 14 SA M DO P L OL E EY LE A PR SE OP A ER GR TI EE ES M , L EN LC T RESIDENTIAL LEASE AGREEMENT_rev.100923 19) if prior to the termination date of the Lease, ALL cost of re-letting, including but not limited to, advertising, signage and/or brokerage fees, and/or 20) a charge of $10.00 for each key not returned, and/or 21) a charge of $75.00 for each garage door opener remote (if any) not returned or returned damaged, and/or 22) ALL cost incurred in any proceeding against TENANT, including but not limited to, attorney's fees, all costs of court, pre-judgment and post-judgment interest. After subtracting lawful deductions for obligations, debits, offsets and/or payments to MANAGER the remaining security deposit, if any, along with an itemized list of deductions for obligations, debits, offsets and/or payments to MANAGER shall be mailed to the TENANT within 30 days after the receipt (in writing) of TENANT'S forwarding “physical” address. TENANT AGREES TO PAY MANAGER, WITHIN THIRTY (30) DAYS OF MANAGERS WRITTEN DEMAND FOR ANY EXCESS OF LAWFUL DEDUCTIONS OVER AND ABOVE THE AMOUNT OF TENANTS SECURITY DEPOSIT. AFTER 30 DAYS SAID EXCESS SHALL ACCRUE INTEREST AT THE HIGHEST RATE ALLOWED BY LAW UNTIL PAID IN FULL. IF COLLECTION IS REQUIRED TO SECURE PAYMENT TO MANAGER, TENANT AGREES TO PAY IN ADDITION TO ALL SUMS OWED THE FULL AND COMPLETE COST OF ALL COLLECTION PROCEEDINGS AND EXPENSES, INCLUDING BUT NOT LIMITED TO, ALL ATTORNEYS FEE’S, COST OF COURT, PREJUDGMENT AND POST JUDGMENT INTEREST, ALL ACCRUING AT THE HIGHEST RATE ALLOWED BY LAW. HAS THOROUGHLY INSPECTED AND ACCEPTS THE PROPERTY AS IS, EXCEPT FOR CONDITIONS MATERIALLY AFFECTING THE HEALTH OR SAFETY OF ORDINARY HEALTHY PERSONS. MANAGER HAS MADE NO WARRANTIES, EXPRESSED, IMPLIED OR OTHERWISE, AS TO THE CONDITION OF THE PROPERTY; IT’S HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SINGLE FAMILY DWELLING, AND/OR THE ENVIRONMENTAL CONDITIONS OF THE PROPERTY AND/OR THE SURROUNDING AREA. 10. CONDITION OF PREMISES. TENANT AT TENANT'S COMPLETE RISK AND EXPENSE, IS ENTITLED TO HAVE THE PROPERTY INSPECTED AND/OR AN ENVIRONMENTAL AUDIT OF THE PROPERTY PRIOR TO THE SIGNING OF THIS AGREEMENT. AT TENANT'S WRITTEN REQUEST, MANAGER SHALL GRANT TO TENANT A SEVENTY-TWO (72) HOUR HOLD WITH OPTION FOR RELEASE FOR SUCH INSPECTION. MANAGER SHALL BE UNDER NO OBLIGATION OR LIABILITY FOR REPAIRS OR OTHERWISE, OTHER THAN TO RELEASE TENANT FROM THE AGREEMENT FOR CONDITIONS FOUND TO MATERIALLY AFFECT THE HEALTH OR SAFETY OF ORDINARY HEALTHY PERSONS. TENANT, TIMELY NOTICE OF PROPERTY MOVE IN CONDITION. WITHIN FORTY-EIGHT (48) HOURS AFTER MOVE-IN, TENANT shall note in writing any defect or damage to the PREMISES and deliver, mail (by certified mail) or fax same to MANAGER. Failure to timely deliver said notice of move in condition noting any defect or damage to the PREMISES will be deemed as TENANTS unconditional acceptance of the property as clean with NO damages or defects. TENANT agrees to surrender the PREMISES at the end of the term of this Lease and/or any extension thereof in the same condition as of the date of possession, reasonable wear and tear excepted. Reasonable wear means wear which occurs without negligence, carelessness, accident or misuse and/or abuse. If TENANT fails to thoroughly clean the PREMISES, including the yard, according to the terms of this lease, prior to move-out, reasonable charges to complete such cleaning shall be charged to TENANT by MANAGER. MANAGER shall furnish any light bulbs, batteries or HVAC Filters at TENANTS request at time of possession which will be replaced at TENANT'S expense. TENANT shall not remove MANAGER'S fixtures from the PREMISES for any reason. TENANT SHALL NOT ALTER, MODIFY, IMPROVE, PAINT, CARPET OR WALLPAPER WITHOUT THE PRIOR WRITTEN CONSENT OF MANAGER, provided, however, TENANT may hang pictures using standard picture hooks. 11. LOCKS. TENANT has inspected the locks and agrees they are in good working order and sufficient for the protection of person and property. TENANT shall make no lock changes, additions or re-key without MANAGER'S prior written permission. All requests for re-keying, changing, installing, repairing or replacing security locking devices must be in writing. Installation of additional security locking devices, additional re-keying or replacement of security locking devices as desired by TENANT shall be paid for by TENANT in advance and may only be installed by MANAGER or MANAGER'S contractor after receipt of such request in writing. TENANT______; TENANT______; MANAGER ______ Page 4 of 14 SA M DO P L OL E EY LE A PR SE OP A ER GR TI EE ES M , L EN LC T RESIDENTIAL LEASE AGREEMENT_rev.100923 12. MAINTENANCE AND REPAIRS. TENANT HAS EXAMINED THE PROPERTY AND ACCEPTS THE PROPERTY IN ITS PRESENT CONDITION AS IS. PEST CONTROL [ ] MANAGER shall exterminate for all pests and insects, including termites, as is reasonably needed. [ ] TENANT shall exterminate for all pests and insects, including termites, as is reasonably needed, provided such service shall be performed at least annually by a licensed exterminator and same shall be arranged for and paid for by TENANT and TENANT shall provide MANAGER with evidence, satisfactory to MANAGER, of timely completion of such service. LAWN MAINTENANCE [ ] MANAGER shall fertilize, treat for pest or disease, mow, edge, trim, weed beds and prune plants shrubs and trees as is reasonably needed. [ ] TENANT shall fertilize, treat for pest or disease, mow, edge, trim, weed beds and prune plants shrubs and trees as is reasonably needed. TENANT COVENANTS AND AGREES THAT TENANT WILL: 01) Change the HVAC filters monthly and, 02) Have the HVAC system serviced as is reasonably needed, provided such service shall be performed at least annually by a licensed service technician which shall be arranged for and paid for by TENANT and TENANT shall provide MANAGER with evidence of such service and, 03) Promptly notify MANAGER of any problems or conditions requiring even minor repair, wood destroying insects (termites) or other household or landscape insects, pest or disease and, 04) Water the lawn to a depth of one inch (1”) and soak all plants, shrubs and trees all as is necessary to maintain a healthy and growing landscape. Failure to do so will result in the lawn, plants, shrubs and or trees being replaced at the TENANTs complete expense, and 05) Keep all trash and debris picked up and out of the yard (front & back) at all times, and 06) AT MOVE OUT shall thoroughly clean the house, garage and yard; to include but not be limited to, all appliances, light fixtures, ceiling fans, air conditioning vents and grills, plumbing fixtures, commodes, sinks, bath tubs, showers, cabinets, counter tops, shelving, flooring, interior and exterior doors, windows, window treatments, window screens, garage floor, driveways, sidewalks, patios, decks, brick, exterior siding, soffits and facia and, TENANT shall remove all trash and debris from the property including the attic and, TENANT shall replace all burned out light bulbs, defective smoke detector batteries, damaged or broken door stops, towel bars, toilet paper holders, door knobs, cabinet pulls, and TENANT shall make repairs to all damage done to drywall, and TENANT shall mow, edge and weed the yard and flower beds, trim around the house and fence and remove all trash and debris. Anything not done with regard to the above will be performed by the MANAGER and charged to the TENANT. 07) Be fully responsible for failure to properly care for and maintain the PREMISES and shall be fully liable for ALL cleaning, repairs and/or damages resulting from such failure. 13. MAINTENANCE AND REPAIRS DEDUCTIBLE. 01) ALL CONDITIONS REQUIRING MAINTENANCE or REPAIR which require the services of skilled workmen or exceed expenditures of ___________ (SEPARATELY & INDIVIDUALLY & NOT IN THE AGGREGATE) shall be promptly reported by TENANT to MANAGER in writing and same shall be performed by MANAGER within a reasonable time and during normal business hours. 02) TENANT shall be liable for the first ___________ (SEPARATELY & INDIVIDUALLY & NOT IN THE AGGREGATE) of ANY & ALL REPAIRS. 03) TENANT SHALL NOTIFY MANAGER IMMEDIATELY OF ANY DAMAGE OR NEEDED REPAIRS OR MAINTENANCE. TENANT CONVENANTS, WARRANTS AND AGREES TO TAKE ALL NECESSARY AND REASONABLE STEPS AND PRECAUTIONS, AS MAY BE REASONABLY REQUIRED, TO MINIMIZE DAMAGES. FAILURE TO DO SO SHALL CONSTITUTE NEGLIGENCE ON THE PART OF THE TENANT AND THE TENANT SHALL BE RESPONSIBLE FOR ALL COST OF REPAIRS. TENANT______; TENANT______; MANAGER ______ Page 5 of 14 SA M DO P L OL E EY LE A PR SE OP A ER GR TI EE ES M , L EN LC T RESIDENTIAL LEASE AGREEMENT_rev.100923 04) CONDITIONS CAUSED BY TENANT: TENANT shall pay MANAGER, or any repairman MANAGER directs TENANT to pay, for the cost of any and all repairs for conditions or damages caused by TENANT, a member of TENANT'S family, TENANT'S guest or invitee or TENANT'S pet. 05) WASTE WATER STOPPAGES, WATER DAMAGES: Except for those repairs caused by negligence of MANAGER, TENANT shall pay MANAGER, or any repairman MANAGER directs TENANT to pay, for the complete cost to repair or replace… a) damages from waste water stoppages, and/or b) damages from overflow from any source (i.e., toilet, sink, tub, shower, washer, ice maker, air conditioning unit, hot water heater, etc.), and/or c) damage from faucets or hose bibs left on unattended, and/or d) windows or doors left open or blowing open. TENANT shall be liable to and pay MANAGER for any and all property damage and/or the cost of repairs to the PREMISES caused by TENANTS failure to report (IN WRITING) ANY condition/s requiring service and/or repair (no matter how minor) or damages to the property (no matter how minor), negligent or improper use of the property or any appurtenant thereto by TENANT, TENANT'S guests or other occupants, including TENANT'S pet. If in MANAGER'S judgment there is substantial damage to the PREMISES caused by TENANT, TENANT'S guests or other occupants, including TENANT'S pet, MANAGER may terminate this Lease by giving written notice to TENANT and TENANT shall be liable to MANAGER for the remaining term of the lease, all cost of repairs, lost rent as a result of loss of use and ALL cost of re-letting the property upon completion of repairs. ALL REQUESTS FOR REPAIRS AND OR MAINTENANCE MUST BE IN WRITING. BOTH PARTIES ACKNOWLEDGE THAT THE RENT WOULD BE HIGHER IF THE FOREGOING RESPONSIBILITIES WERE ALLOCATED DIFFERENTLY. THIS ASSUMPTION OF RESPONSIBILITY BY TENANT IS ENTERED INTO WILLINGLY, KNOWINGLY, VOLUNTARILY, AND FOR CONSIDERATION AND IS AN EXPRESS WAIVER OF ANY STATUTORY OR COMMON LAW OBLIGATION OF MANAGER. 14. PETS. "Pet" includes any animal, whether mammal, reptile, bird, fish, rodent, or insect. A. [ ] NO PETS SHALL BE ALLOWED, NOT EVEN TEMPORARILY, ANYWHERE ON THE PREMISES WITHOUT THE PRIOR WRITTEN PERMISSION OF MANAGER. Failure to comply with this provision will result in the automatic forfeiture of the TENANTs security deposit and TENANT agrees to pay Landlord as liquidated damages one month's rent, in addition, TENANT will be subject to additional charges for any and all cleaning, repairs and/or damages and, at the Landlords option, the eviction provisions of this Lease. If a pet has been kept on the PREMISES at any time, even temporarily, during the Lease, with or without the Landlords written permission, the TENANT shall be subject to the provision contained in paragraphs D through J below. TENANT AGREES IN ADDITION TO ALL OTHER AMOUNTS DUE MANAGER, TO FORFEITURE OF THE DEPOSIT AND TO PAY LIQUIDATED DAMAGES IN THE AMOUNT EQUAL TO ONE MONTH'S RENT FOR FAILURE TO COMPLY WITH THE PROVISIONS CONTAINED IN THIS PARAGRAPH. B. [ ] TENANT may keep the following pet/s on the Property until the above-referenced lease ends. Type: Breed: Color: Weight: Name: Gender: Age: Rabies Shots: Neutered: Declawed: Type: Breed: Color: Weight: Name: Gender: Age: Rabies Shots: TENANT______; TENANT______; MANAGER ______ Neutered: Declawed: Type: Breed: Color: Weight: Name: Gender: Age: Rabies Shots: Neutered: Declawed: Page 6 of 14 SA M DO P L OL E EY LE A PR SE OP A ER GR TI EE ES M , L EN LC T RESIDENTIAL LEASE AGREEMENT_rev.100923 C. CONSIDERATION: In consideration for MANAGERS authorization for TENANT to keep the pet/s described in Paragraph 14B above on the Property, the TENANT agrees that: 01) On or before the date TENANT moves into the Property, TENANT will pay Landlord a pet deposit of $________________. The pet deposit is an increase in the security deposit in the lease and is made a part of the security deposit for all purposes and is not refundable before the lease ends, even if the pet is removed. Any refund of the security deposit, including this increase, is governed by the terms of the lease. 02) The monthly rent in the lease is increased to $________________. 03) TENANT will, upon execution of this agreement, pay the Landlord $________________ as a one-time, nonrefundable payment. D. PET RULES: TENANT must: 01) Take all reasonable action to insure that any pet does not violate the rights of other persons; 02) Comply with all applicable statutes, ordinances, restrictions, owners' association rules, and or any other enforceable regulations regarding any pet; 03) Keep the rabies shots of any pet current; 04) Promptly remove any pet waste from the Property, including all living areas, garages, storage areas, yards, porches, patios, courtyards, and decks; and 05) Confine any pet that is a dog or cat, when outside, by fences or on leashes under TENANT's control; 06) Confine any pet other than a dog or cat in appropriate cages at all times; 07) Promptly remove from the Property any offspring of any pet. E. ACCESS: 01) TENANT must remove or confine any pet at any time that the pet is likely to limit or prohibit Landlord or other person’s access to Property as permitted by the lease. F. DISCLOSURE CONCERNING PETS: 01) Is TENANT aware of whether any of the pets described under this addendum has ever bitten or injured another person?__________ If “YES”, explain: _________________________________________________________ _________________________________________________________________________________________ 02) Is TENANT aware of whether any of the pets described under this addendum has any propensity or predisposition to bite or injure someone? __________ If “YES”, explain: _____________________________ _________________________________________________________________________________________ G. TENANT'S LIABILITY: TENANT is responsible and liable for: 01) All reasonable costs that are necessary to clean, deodorize, deflea, replace or repair any part of the property, including but not limited to all flooring, doors, trim, cabinets, walls, wallpaper, blinds, drapes, windows, window screens, furniture, appliances, hardware, sod, plants, trees, shrubs, fences, sprinkler system, air conditioning equipment, electrical lines, water lines, gas lines, service lines of any type or nature, siding, exterior trim, doors, paint; 02) Any damage to the Property or any item in or on the Property caused by any pet of TENANT; 03) Any personal injuries to any person or other animal caused by any of TENANT pet and; 04) Any damage to any person's property caused by any pet of TENANT. H. INDEMNIFICATION: TENANT agrees and warrants to protect, defend, indemnify, and hold Property Owner, and/or MANAGER, and/or MANAGER’S agent/s harmless from any and all damages, causes of action, costs, attorney's fees, cost of court and/or any other expenses that are caused by the act of any pet of TENANT, TENANT’s guest or invitee. I. DEFAULT: If TENANT breaches any provision in this pet agreement, Landlord may exercise all or any of the remedies described under Paragraph 9B of the lease. J. REMOVAL OF PET: 01) TENANT AGREES TO PROMPTLY REMOVE THE PET (within 24 hours) upon notice from landlord for animal husbandry, pet sitting, allowing the pet to roam uncontrolled outside the fenced yard, allowing the pet in the front yard without being leashed to the TENANT, excessive noise, excessive barking, pet odor, disturbing of the peace or any attack or attempted attack upon a person or animal. Failure to comply will result in animal TENANT______; TENANT______; MANAGER ______ Page 7 of 14 SA M DO P L OL E EY LE A PR SE OP A ER GR TI EE ES M , L EN LC T RESIDENTIAL LEASE AGREEMENT_rev.100923 control being called to pick-up and remove the pet from the PREMISES and the automatic forfeiture of the security deposit, plus one month’s rent as liquidated damages. 15. NUISANCE. TENANT may not permit the PREMISES, or any part, to be used for any activity which is a nuisance or is offensive, noisy or dangerous and… 01) MANAGER may prohibit or regulate, at any time, basketball goals, placement of trash cans, motorcycles, off road vehicles, boats, trailers, recreational vehicles and/or any other vehicle, operative or inoperative, on the PREMISES. 02) No camper, boat or recreational vehicle shall be garaged on the PREMISES or on the street on which the PREMISES fronts. No camper, boat, motorcycle, off road vehicle, motor vehicle or recreational vehicle shall be parked on the PREMISES or on the street on which the PREMISES fronts, unless the same be in good operating condition and be fully registered with a current registration and license tag, and then same shall not remain parked thereon for more than 48 hours at any one time. Failure to comply with the provisions of this paragraph shall result in the MANAGER, without further notice to the TENANT, having same removed without liability to MANAGER and at FULL and COMPLETE risk and expense of the TENANT. 03) No repairs or overhauls shall be made to any camper, boat, motorcycle, off road vehicle, motor vehicle, recreational vehicle or other vehicle parked on the PREMISES or on the street on which the PREMISES fronts at any time. 04) No basketball goals of any kind shall be erected, placed or kept on the premise at any time. 05) All trash cans MUST be kept out of site and stored in the garage or rear yard behind the fence at ALL times. 06) NO BUSINESS ACTIVITY OF ANY KIND, INCLUDING CHILD CARE, IS PERMITTED AT ANY TIME. 07) TENANT shall strictly observe all subdivision covenants, deed restrictions, MANAGER'S and/or association rules or restrictive covenants which cover and/or apply to the PREMISES. 08) TENANT covenants and agrees that TENANT shall never allow any illegal substance or activity to be brought onto, used or occur on the PREMISES for any reason whatsoever. The use, manufacture, distribution or sale of same shall be grounds for the immediate eviction of the TENANT and TENANT shall forfeit the security deposit as liquidated damages and be further liable to the MANAGER for damages including all cost of cleaning and repairs to the property from such illegal activity. 16. SUBLETTING. TENANT shall not sublet or make an assignment without the prior written consent of MANAGER and MANAGER SHALL NOT BE OBLIGATED to grant such consent. Subletting the PREMISES without the express written consent of MANAGER shall be a breach of this agreement and the sublease shall be immediately voidable by MANAGER and MANAGER may terminate this Lease. If MANAGER grants such permission, TENANT under no circumstances will be released from TENANT'S obligations hereunder and TENANT shall remain fully liable for the terms and conditions of this Lease. 17. UTILITIES. TENANT shall pay all connection, service, usage and other cost and/or fees for all utilities (electricity, gas, water, waste water, telephone, cable TV, security monitoring, trash pickup) and/or other services used on the PREMISES, including but not limited to, all deposits for TENANT and the cost of transferring service out of MANAGER'S name into TENANT'S name and back to MANAGER'S name upon default or termination of the Lease. TENANT must at a minimum at all times during the course of this Lease or any extension hereof keep the following utilities on, if available, electricity, gas, water, waste water, trash pickup. If TENANT fails to do, TENANT will be in default. 18. ENTRY BY MANAGER. MANAGER or other persons engaged to do so by MANAGER may enter the PREMISES by reasonable means, during reasonable times and for reasonable purposes, without notice, for the following purposes: inspections, repairs, extermination, preventive maintenance, emergency inspections, safety or fire inspections, prevention of property damage, prevention of waste of utilities furnished by MANAGER, if any, enforcement of MANAGER'S lien rights (contractual or statutory), seize nonexempt property after default, retrieval or recovery of property belonging to a former TENANT, showing of the PREMISES to prospective TENANT'S or purchasers, governmental inspectors, public authorities, building inspectors, fire marshals, lenders, appraisers, insurance agents or to leave written notice to TENANT. MANAGER shall leave written notice of each entry made in the absence of TENANT. If TENANT fails to permit reasonable access under this paragraph, TENANT will be in default. 19. NON-WAIVER. Failure by MANAGER to enforce or demand performance of any obligation of TENANT hereunder, or to seek remedy for breach thereof, shall not operate to waive or excuse defaults of other obligations or further defaults of the same obligation or any portion of the terms and conditions hereof. TENANT______; TENANT______; MANAGER ______ Page 8 of 14 SA M DO P L OL E EY LE A PR SE OP A ER GR TI EE ES M , L EN LC T RESIDENTIAL LEASE AGREEMENT_rev.100923 20. LIABILITY AND INDEMNITY. MANAGER or MANAGER'S agents shall not be liable to TENANT, TENANT'S guests, invitees or other occupants or persons on the PREMISES for personal injury, property damage or other losses to such persons or their property due to any cause. TENANT agrees to indemnify, defend and hold MANAGER, MANAGER'S agent and/or the property of MANAGER, including the PREMISES, free and harmless from any and all claims or causes of action, including but not limited to the liability for injury to or the death of any person, or persons, and/or the damage to property or adjoining property arising from the use and/or occupancy of the PREMISES by TENANT, and/or the acts of or omissions of any person or persons, including TENANT, in or about the leased PREMISES with or without the express or implied consent of TENANT. MANAGER demands that TENANT secure liability and personal property insurance for TENANT'S own account to protect TENANT from the hazards of such losses as are described above or otherwise. TENANT shall test installed locking devices and smoke detectors to ensure that same are satisfactory to TENANT to protect the safety and well-being of TENANT and that same are performing as intended. MANAGER shall have no duty or liability to furnish additional smoke detectors or additional locks, except as required by law. MANAGER shall provide the initial batteries for all smoke detectors as required by law at the time of lease commencement; thereafter, TENANT shall pay for, test, and replace smoke detector batteries as needed. Requests for additional installations of locking devices and/or smoke detectors, inspections and/or repairs must be in writing. Disconnecting or intentionally damaging a locking device or smoke detector or removing a smoke detector battery without immediately replacing it with a working battery may subject the TENANT to civil penalties and liability for damages, attorney's fees and costs of court. 21. DEFAULT BY MANAGER. Upon default by MANAGER of any obligation imposed hereunder, TENANT may terminate this Lease upon the following conditions… a) All rent and other charges must be current, and b) TENANT shall make written request for performance or cure of any such obligation or default and allow MANAGER a reasonable time, which shall in no event be less than seven business days after the date of actual receipt by MANAGER of said request, and which may be more than fifteen business days, considering the nature of the default and the availability of materials, labor and utilities or other resources for cure of the default. After such reasonable notice period, if performance or cure of the default has not been completed, then TENANT may terminate this Lease by giving MANAGER written notice of his election to do so and MANAGER shall thereupon refund TENANT'S unearned portion of any rent paid, less any charges owed to MANAGER by TENANT. 22. DEFAULT BY TENANT. The breach of or failure to perform any obligation imposed upon TENANT hereunder shall be deemed an act of default by TENANT. In the event of TENANT'S default, abandonment of the PREMISES, giving of notice of intent to vacate prior to the expiration of the lease term, or removal of property from the PREMISES in contemplation of vacating prior to expiration of the lease term, MANAGER may, at MANAGER'S election: 01) Terminate TENANT'S possession of the PREMISES by giving TENANT one day's written notice to vacate and MANAGER shall be entitled to possession by eviction suit. Such election shall not relieve TENANT of the TENANT'S obligations hereunder. 02) If one day's prior written notice is delivered to TENANT, discontinue any and all utilities, if any, to be furnished by MANAGER hereunder. 03) Declare all remaining rent through the end of the lease term or renewal or extension period immediately due and payable in its entirety without the requirement of notice or demand to TENANT of MANAGER'S election to so accelerate the rent. Such right of acceleration is in lieu of having rental for the entire lease term payable at the beginning of the Lease. 04) Attempt to re-let the PREMISES for the account of TENANT upon such terms as MANAGER, in MANAGER'S sole discretion, may deem appropriate, in which event, and if successful, all rents actually received for TENANT'S account, less one month's regular rental as liquidated damages, shall be applied in mitigation of MANAGER'S actual damages, including but not limited to accelerated rents, utilities, maintenance and up-keep, advertising, brokerage fees, collection fees, attorney’s fees and cost of court. Such re-letting shall not relieve TENANT of TENANT'S obligation to pay MANAGER for MANAGER'S actual damages, including but not limited to accelerated rents, utilities, maintenance and up-keep, advertising, brokerage fees, collection fees, attorney’s fees and cost of court. 05) Declare the Lease agreement forfeited and terminated. All rights and remedies given MANAGER hereunder shall be, to the extent not in conflict with each other, cumulative and execrable at the election of MANAGER. The exercise or failure to exercise, any right or remedy of MANAGER hereunder shall not alter or diminish MANAGER'S right to exercise same or any other right or remedy given MANAGER by this agreement or by law. 23. HOLDOVER. If TENANT holds over and fails to vacate the PREMISES on or before the contracted move-out date, (end of lease term and/or any renewal or extension period thereof, or an alternate move-out date as agreed upon by the parties hereto in TENANT______; TENANT______; MANAGER ______ Page 9 of 14 SA M DO P L OL E EY LE A PR SE OP A ER GR TI EE ES M , L EN LC T RESIDENTIAL LEASE AGREEMENT_rev.100923 writing), TENANT shall be liable to MANAGER and TENANT agrees to pay rent for the holdover period at TWO TIMES (2X) the then current monthly rental rate. TENANT shall hold harmless and indemnify MANAGER against all claims from prospective TENANT'S and/or purchasers and shall pay MANAGER for ALL damages (i.e., lost rents or profits from sale, lodging and/or furniture storage expenses of prospective TENANT'S and/or purchasers, all cost of adjudication, including but not limited to, all cost of court and/or attorney's fees in any proceeding against MANAGER by prospective TENANT or Buyer). Rents during the holdover period shall be due in advance and paid in certified funds only. 24. ABANDONMENT. TENANT shall be conclusively deemed to have abandoned the PREMISES and all personal property located thereon or therein if TENANT has been evicted by judicial process or TENANT shall remain absent from the PREMISES for five consecutive days while TENANT is in default of any obligation hereunder. UPON SUCH ABANDONMENT, MANAGER SHALL HAVE THE RIGHT TO ENTER, REMOVE AND MAKE SUCH DISPOSITION OF ANY AND ALL PERSONAL PROPERTY FOUND UPON THE PREMISES AS MANAGER SEES FIT. Such right of MANAGER shall be without prejudice to MANAGER'S right to elect to exercise MANAGER'S lien rights. 25. CONTRACTUAL LIEN. ALL PERSONAL PROPERTY ON THE PREMISES (EXCEPT PROPERTY EXEMPT BY STATUTE) IS HEREBY SUBJECTED TO A CONTRACTUAL LIEN IN FAVOR OF MANAGER TO SECURE PAYMENT OF RENT AND OF ANY AND ALL DAMAGES OCCASIONED BY TENANT'S DEFAULT. In order to enforce said lien, MANAGER may peacefully enter the PREMISES and remove and store all non-exempt property therein. MANAGER shall be entitled to reasonable charges for packing, removing and storing property taken hereunder. If TENANT is not present when property is removed hereunder, written notice of MANAGER'S entry shall be left at the PREMISES. MANAGER may sell all property subject to MANAGER'S lien at public or private sale after giving TENANT 30 day's written notice by certified mail of the time and place of such sale. If TENANT fails to furnish MANAGER TENANT'S address, said sale may be held without notice to TENANT, provided, however, that TENANT shall be informed as to the time and place of said sale upon written request. Sale shall be to the highest cash bidder and MANAGER shall credit the proceeds thereof first to all costs and expenses incident to the removal, storage and sale of the property and then in mitigation of other damages and/or rents due hereunder. Any excess realized from such sale over said expenses and damages and/or rents due hereunder shall be mailed to TENANT at such address as TENANT may furnish in writing to MANAGER, or, if no address is furnished, shall be held for delivery to TENANT for 30 days following the date of the sale, after which time, if TENANT has not requested payment in writing, TENANT shall be deemed to have abandoned any right thereto and such excess shall become the property of MANAGER. MANAGER MAY EXERCISE THE FOREGOING LIEN RIGHTS WITH OR WITHOUT RESORTING TO JUDICIAL PROCEEDINGS. THE CONTRACTUAL LIEN PROVIDED HEREIN IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER LIEN PROVIDED BY LAW. 26. RELEASE OF TENANT. In the event TENANT is or becomes a member of the armed forces of the United States on extended active duty and receives change of duty orders to depart the local area, then TENANT may terminate this agreement by giving 30 days written notice, provided TENANT is not otherwise in default. In such event, TENANT agrees to furnish MANAGER, upon request, a certified copy of the official orders warranting termination of the Lease. Orders authorizing base housing do not constitute change of duty orders hereunder. TENANT shall have no other rights of release hereunder. 27. MULTIPLE TENANTS AND GUEST. No multiple TENANTS are allowed. TENANT may not permit any guest to stay on the property longer than the lesser of a) the amount of time permitted by any MANAGER'S association rule or restrictive covenant, or b) twenty-one (21) days without the express written consent of the MANAGER. 28. PARKING RULES: TENANT may not permit more than ________ vehicles, including but not limited to automobiles, trucks (3/4 ton or less), motorcycles, all-terrain vehicles, jet-skis, boats, trailers or recreational vehicles to be parked on the property at any given time, unless otherwise authorized by MANGER in writing. ALL motorcycles, all-terrain vehicles, jet-skis, boats, trailers or recreational vehicles MUST be parked in the garage and out of public view or off premise. NO parking is allowed in the yard at any time for any reason. ALL vehicles are to be parked in the garage, driveway, street or other designated parking area. No vehicle may be stored on the property, the street in front of the property or any property adjacent to this property at any time or for any reason. Disabled, non-working, not currently registered and/or currently inspected vehicles are not allowed on the property at any time for any reason. TENANT may not perform repairs or maintenance on any vehicle on the property at any time or for any reason. MANAGER for ANY violation in this provision, without notice, may have the violating vehicle or vehicles towed at the TENANTS complete risk and expense. Guest parking may not exceed ________ vehicles at any time for any reason and guest MUST park in the driveway, the street in front of the property or designated parking area, NO parking in the yard is allowed at any time for any reason. TENANT______; TENANT______; MANAGER ______ Page 10 of 14 SA M DO P L OL E EY LE A PR SE OP A ER GR TI EE ES M , L EN LC T RESIDENTIAL LEASE AGREEMENT_rev.100923 29. SIGNS. MANAGER may prominently display a "For Sale" or "For Lease" or similarly worded sign on the PREMISES during the last SIXTY (60) days of the lease term or any renewal period and the PREMISES may be shown to prospective purchasers and/or TENANT'S between the hours of 8:00am and 8:00pm Monday through Friday, and/or between the hours of 10:00am and 6:00pm on Saturday and Sunday, and/or at any other time as mutually agreed upon between the parties. 30. KEY BOX AUTHORIZATION. A key box is a container in which a key to the property is placed. The key box may be placed on the property and opened with a special key, combination, or electronic card. The use of a key box does involve RISK (SUCH AS UNAUTHORIZED ENTRY, PROPERTY DAMAGE, OR PERSONAL INJURY). If a key box is authorized, the TENANT should a) safeguard and/or remove ALL cash, jewelry and/or other valuables, b) discuss the advantages and disadvantages of the key box with real estate professionals, insurance agents, the TENANT'S attorney, and c) obtain personal property insurance. It is agreed that MANAGER, MANAGER'S Agent, Property Owner, and/or Real-estate agent/s or brokers shall be not responsible or liable to TENANT, TENANT'S guest, family and/or other occupants for any inconvenience, damages, injuries, or losses arising from the use of the key box. TENANT ASSUMES ALL RISK OF LOSS, DAMAGE OR INJURY ASSOCIATED WITH THE PLACEMENT OF A KEY BOX ON THE PROPERTY. CHECK ONE… [ ] TENANT AGREES TO THE PLACEMENT OF A KEY BOX ON THE PROPERTY DURING THE LAST SIXTY (60) DAYS OF THE TENANTS OCCUPANCY. TENANT may withdraw TENANT'S authorization for said key box at any time by notifying MANAGER in writing and paying to the MANAGER a fee equal to TWO month's rent. Upon receipt of notice and payment of fee, MANAGER will remove key box within two (2) business days, subject to ALL delays beyond MANAGER'S control. [ ] KEY BOX IS NOT AUTHORIZED. TENANT has declined the installation of a key box by paying to the MANAGER a fee equal to TWO month's rent. 31. NOTICES. Except as may be otherwise required herein or specified by law, all notices required or permitted hereunder to be given to TENANT shall be given, at MANAGER'S election, by regular mail, registered mail, courier, overnight service or personally delivered to TENANT, left in a conspicuous place inside the residence or by any other means as MANAGER sees appropriate, provided, however, that TENANT may furnish MANAGER, in writing, such other address as TENANT may elect to have a required notice hereunder be sent by REGULAR US MAIL or by other delivery as MANAGER deems appropriate to such address. All written notices required or permitted to be given to MANAGER shall be given by REGISTERED US MAIL DOOLEY PROPERTIES, LLC | 7 SWITCHBUD PL. PMB C192-308 | THE WOODLANDS, TX 77380 to: ___________________________________________________________________________________________________ _____________________________________________________________________________________________________ 32. SUBORDINATION. This Lease and TENANT'S leasehold interest hereunder shall be and are subject to, subordinate to, and inferior to any and all lien's or encumbrance's now or hereinafter placed upon the PREMISES by Owner or granted by Owner to another party to be placed upon the premise to effect the advances made under such liens or encumbrances, to the interest payable on any such liens or encumbrances, and to any and all renewals of any such liens or encumbrances, and the rights of any such lien holders. 33. TENANT'S PHONE NUMBERS. TENANT must promptly (within forty-eight hours) inform MANAGER of TENANT'S phone numbers (home, work and mobile). Further, TENANT must promptly (within forty-eight hours) inform MANAGER of any changes made to TENANT'S phone numbers (home, work and mobile). Failure to do so shall be considered a breach of this agreement and the remedies provided herein exercised. 34. TENANT IMPROVEMENTS. The MANAGER in writing, in advance, MUST approve ALL improvements to the property. All improvements unless otherwise agreed to, in writing, are to be performed by a professional licensed and insured contractor or installer. The contractor or installer is required to have workman's compensation and general liability insurance in the amount one million dollars ($1,000,000.00) and to provide proof of same to MANAGER prior to starting any work. Further, all improvements are installed at the full & complete risk & expense of the TENANT. All improvements will inure to the benefit of the Owner and shall become a part of the property not to be removed at the termination of the lease, unless instructed, in writing, to be removed by the MANAGER. 35. SMOKING. TENANT acknowledges this is a "NON-SMOKING" property and agrees to not smoke and/or allow smoking ANYWHERE on the premise. Smoking or any evidence of smoking on the premise shall result in the automatic forfeiture of the security deposit as liquidated damages. TENANT shall, in addition, be fully liable for all damages including, but not limited TENANT______; TENANT______; MANAGER ______ Page 11 of 14 SA M DO P L OL E EY LE A PR SE OP A ER GR TI EE ES M , L EN LC T RESIDENTIAL LEASE AGREEMENT_rev.100923 to, the “Professional” cleaning of all carpets and the HVAC system, “Professional” deodorization treatment of the premise, HVAC system and all carpets for smoke odor, the complete repainting of the premise and, as may be determined at the sole discretion of the MANAGER the complete replacement of the carpet and/or carpet pad and/or HVAC ducts. 36. SECURITY SYSTEMS. TENANT understands and agrees that THE USE OF A SECURITY MONITORING DEVICE IS AT THE FULL RISK AND EXPENSE OF THE TENANT. Should the system become a nuisance TENANT shall immediately disconnect the system or have the system appropriately repaired or replaced all at the TENANT’s complete risk and expense. TENANT is responsible for, but not limited to, all permits, fees for false alarms, fees associated with monitoring and/or the repair and maintenance of the security system. TENANT agrees to indemnify and hold the property Owner and/or Manger and MANAGER’s employees harmless from all causes of action what-so-ever as a result of TENANTs use or reliance on the security system. 37. INSURANCE. TENANT agrees to obtain, prior to move in, a Texas TENANT or Renters Insurance Policy and to keep same in full force and effect throughout the term of the lease or any extension thereof said policy MUST have a minimum General Liability coverage of One Hundred Fifty Thousand ($150,000.00), naming the Property Owner and MANAGER as an additional insured. Should the TENANT fail to do so the MANAGER, at the MANAGERS sole option, may obtain the insurance on behalf of the TENANT and increase the monthly rental amount, without notice, by such amount necessary to cover the monthly insurance premium plus ten percent (10%) as an administrative fee. 38. SPECIAL PROVISIONS. TENANT agrees to pay MANAGER, in addition to all other amounts due MANAGER, liquidated damages in the amount equal to one month's rent for failure to comply with the special provisions outlined below and/or the attached addendum. 1) OTHER ALLOWED OCCUPANTS: ______________________________________________________________________________________________ 2) Tenant acknowledges that the house, garage and exterior are "NEW" and have been thoroughly cleaned and in ______________________________________________________________________________________________ are excellent repair and condition and that the yard and landscaping are "NEW" and in excellent order & condition. ______________________________________________________________________________________________ 3) Tenant has 48 hours to inspect, complete & return the tenant inventory & condition form to the landlord. ______________________________________________________________________________________________ 4) Tenant agrees to comply with ALL notices from Manager/Landlord within 48 hours. Each subsequent notice for ______________________________________________________________________________________________ ______________________________________________________________________________________________ the same violation will incur an inspection and re-notice fee of fifty & 00/100ths dollars ($50.00). 5) Tenant is required to water the yard, plants and trees to promote health & growth & prevent them from dying. ______________________________________________________________________________________________ 6) Trash cans are to be stored in the garage or rear yard out of public view when not out for pick-up. ______________________________________________________________________________________________ 7) Basketball goals and/or trampolines are NOT allowed on the premise at any time. ______________________________________________________________________________________________ 8) Pet urine sprayed on the A/C coils will cause damage to the coils for which the tenant is liable, guard your pets. ______________________________________________________________________________________________ 9) Non-spayed female pets are to be kept caged during their menstruation cycle to prevent the pet from bleeding on ______________________________________________________________________________________________ carpets; blood stains cannot be removed from the carpet & the tenant will be charge the full cost of replacement! ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ 39. DOCUMENTS. This agreement is executed in multiple copies, one for TENANT, one for MANAGER. It is the sole responsibility of TENANT/S to ensure he/she/they have received a fully executed copy of this document in either paper or electronic form. TENANT/S herewith acknowledge/s receipt of this document and all attachments hereto. Additional copies of this document will be made for TENANT at TENANT’S request for a pre-paid fee of $25.00 per copy (paper or electronic copy). 40. GENERAL. (1) This written agreement contains the entire agreement between the parties. (2) NO ORAL AGREEMENTS OR REPRESENTATIONS HAVE BEEN MADE. (3) This agreement may be modified only in writing and signed by all parties. (4) MANAGER has relied upon the accuracy of every part of TENANT'S application and any false or misleading statement therein shall be cause for the termination of this agreement by MANAGER. (5) Judicial declaration of the invalidity of a part or parts TENANT______; TENANT______; MANAGER ______ Page 12 of 14 SA M DO P L OL E EY LE A PR SE OP A ER GR TI EE ES M , L EN LC T RESIDENTIAL LEASE AGREEMENT_rev.100923 of this agreement or any attachment hereto shall not invalidate the remainder. (6) In any legal proceeding pursuant to this Lease, including a suit to enforce this Lease or to collect damages for its breach, the MANAGER, shall be entitled to recover attorney's fees, costs of court and interest earned at the highest rate allowed by law upon all sums due. 41. NOTICES. 1) §92.108, TEXAS PROPERTY CODE PROVIDES THAT A TENANT MAY NOT WITHHOLD PAYMENT OF ANY PORTION OF THE LAST MONTH'S RENT ON GROUNDS THAT THE SECURITY DEPOSIT IS SECURITY FOR UNPAID RENT. 2) BAD FAITH VIOLATIONS OF §92.108 MAY SUBJECT A TENANT TO LIABILITY UP TO 3 TIMES THE RENT WRONGFULLY WITHHELD AND THE LANDLORD'S REASONABLE ATTORNEY'S FEES. 3) THE PROPERTY CODE DOES NOT OBLIGATE A LANDLORD TO RETURN OR ACCOUNT FOR THE SECURITY DEPOSIT UNTIL THE TENANT SURRENDERS THE PROPERTY AND GIVES THE LANDLORD A WRITTEN STATEMENT OF THE TENANT'S FORWARDING ADDRESS, AFTER WHICH THE LANDLORD HAS 30 DAYS IN WHICH TO ACCOUNT. 4) ONE MAY VIEW THE TEXAS PROPERTY CODE AT THE TEXAS LEGISLATURE'S WEBSITE HTTP://TLO2.TLC.STATE.TX.US/STATUTES/PR.TOC.HTM. 42. NON-ENFORCEABILTY PROVISION. If any of the terms, conditions or provisions contained herein shall be deemed invalid, void, or for any reason unenforceable, then that term, condition or provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining term, condition or provision. 43. ENFORCEMENT PROVISION. All rights and remedies given MANAGER hereunder shall be, to the extent not in conflict with each other, cumulative and execrable at the election of MANAGER. The exercise or failure to exercise, any right or remedy of MANAGER hereunder shall not alter or diminish MANAGER'S right to exercise same or any other right or remedy given MANAGER by this agreement or by law. 44. DEFEND AND HOLD HARMLESS. TENANT covenants and agrees to indemnify, defend and hold harmless the Property Owner, MANAGER, MANAGER’S agents, officers and/or employees from and against any and all liability, causes of action, expense, including defense costs and legal fees, and/or claims for damages of any nature whatsoever arising from or connected with or related to TENANT, TENANT’S guest or invitees or TENANTS pets. TENANTS General Liability insurance shall be at a minimum the amount set forth herein and shall name the Property Owner and MANAGER as additional insured’s. 45. GOVERNING LAW & VENUE. This agreement shall be subject to and governed by the laws of the State of Texas. ALL causes of action shall be brought & settled in Montgomery County, Texas TENANT______; TENANT______; MANAGER ______ Page 13 of 14 SA M DO P L OL E EY LE A PR SE OP A ER GR TI EE ES M , L EN LC T RESIDENTIAL LEASE AGREEMENT_rev.100923 ACKNOWLEDGMENTS READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE SIGNING. IF YOU DO NOT UNDERSTAND ANY PART OF IT, SEEK INDEPENDENT LEGAL ADVICE. T H E C O N T R A C T U A L T E R M S CONTAINED HEREIN ARE NOT PRESCRIBED BY LAW AND ARE SUBJECT TO NEGOTIATION BETWEEN THE PARTIES. ONCE THIS AGREEMENT HAS BEEN SIGNED, EACH AND EVERY PROVISION CONTAINED HEREIN SHALL BE BINDING UPON THE PARTIES HERETO. 2012 ACCEPTED AND EXECUTED in multiple copies this _____ day of __________________ ________ TENANTS: BY: _________________________________, TENANT PRINTED NAME: _________________________________, TENANT | Email:________________________________ BY: _________________________________, TENANT PRINTED NAME: _________________________________, TENANT | Email:________________________________ ADDRESS: ________________________________________________________________________________ : ________________________________________________________________________________ PHONE: ___________________________ | _____________________________________ : ___________________________ | _____________________________________ : ___________________________ | _____________________________________ : ___________________________ | _____________________________________ DOOLEY PROPERTIES, LLC - PROPERTY MANAGER: BY: _________________________________, PROPERTY MANAGER PRINTED NAME: Lisa _________________________________, PROPERTY MANAGER Violet Mailing | Dooley Properties, LLC | 7 Switchbud Pl. PMB C192-308 | The Woodlands, TX 77380 ADDRESS: ________________________________________________________________________________ Physical | Dooley Properties, LLC | 1300 S. Frazier, Suite 103 | Conroe, TX 77301 : ________________________________________________________________________________ Email: ________________________________________________________________________________ [email protected] 832-813-0055 Ext. 701 PHONE: ___________________________ | Office 936-756-4820 : ___________________________ | Fax 281-378-2180 : ___________________________ | Other Dooley Properties, LLC Main Number TENANT______; TENANT______; MANAGER ______ Page 14 of 14 SA M DO P L OL E EY LE A PR SE OP A ER GR TI EE ES M , L EN LC T REPARATION FOR DISCOUNTED RENT ADDENDUM Tenant/s acknowledges and affirms the lease for the property at _________________________ __________________________ to which this addendum is attached was offered to and accepted by Tenant/s with a discounted monthly rate predicated upon the Tenant/s strict performance and compliance with all terms of the lease INCLUDING but not limited to the Tenant/s completing the full term of the lease. Tenant/s acknowledges the normal monthly rate for this property is _______________ per month. In the event Tenant/s break the lease for any reason (including Landlords voluntary release of Tenant/s or Tenant/s release for military transfer to another duty station) the monthly rate shall automatically and retroactively (to initial date of lease) escalate to the full monthly rate. Tenant accepts, agrees and warrants to Landlord Tenant/s understanding and responsibility to promptly and immediately pay to Landlord the sum total of the difference between the normal monthly rate and the discounted monthly rate. In the event of Landlords voluntary release of Tenant/s or Tenant/s release for military transfer to another duty station the sum total due shall be calculated from the initial date of the lease to the release date. In the event of Tenant/s default or breach of the lease the sum total due shall be calculated from the initial date of the lease to the termination date of the lease. ACKNOWLEDGEMENTS ACCEPTED AND AGREED this _________________________________ TENANT/S ___________________________________ ___________________________________ LANDLORD ___________________________________ Dooley Properties, LLC Lisa Violet SA M DO P L OL E EY LE A PR SE OP A ER GR TI EE ES M , L EN LC T Dooley Properties Care of Landscape We care about the condition and care of our landscape and expect the residents to care and treat the landscape as it were their own. Landscaping is an expensive part of a property that requires monitoring and care. While we do periodic inspections to check the landscape for conditions such as mowing, edging, trimming, weeds, watering, disease and dying plants, trees and grass it is ultimately the resident’s full and complete responsibility to properly and timely water the landscape and report any of these conditions that are detrimental to the landscape to our office in writing. ALL residents are responsible for watering the lawn, plants and trees. The lawn must be watered to a depth of 4 to 6 inches a minimum of twice a week in the spring and summer months, to do this you must water long enough to have applied 1 inch of water to the lawn. Trees need to be watered 15 minutes per tree a minimum of twice a week, simply lay the water hose at the base of the tree and let it run on slow for 15 minutes. If your lease agreement calls for the Landlord to do the landscape maintenance then we will be doing the mowing, edging, trimming, treating for weeds and fertilizing. However, IT IS ALWAYS the resident’s responsibility to properly water the landscape and report conditions needing attention and affecting the health and beauty of the landscape to the property manager on a TIMELY basis. If your lease agreement does not call for the Landlord to do the landscape maintenance then you will be responsible for doing the mowing, edging, trimming, treating for weeds and fertilizing. IT IS ALWAYS the resident’s responsibility to properly water the landscape and report conditions needing attention and affecting the health and beauty of the landscape to the property manager on a TIMELY basis. SA M DO P L OL E EY LE A PR SE OP A ER GR TI EE ES M , L EN LC T Landscaping is expensive and its care and condition as the resident is ultimately your responsibility and if during your lease the landscape is not properly cared for and should die, diminish or have noticeable disease or have a condition go unreported then you will be held responsible for the cost of replacement of the landscape. SO PLEASE care for your lawn and report conditions that you feel need attention, everyone wants a beautiful place to come home to and to live. I have read and understand the “Care of Landscape” addendum. _______________ Date ______________________________ ______________________________ SA M DO P L OL E EY LE A PR SE OP A ER GR TI EE ES M , L EN LC T DATE: 09.15.2011 RE: Policy on Insurance TENANT agrees to obtain, prior to move in, a Texas TENANT or Renter’s Insurance Policy and to keep same in full force and effect throughout the term of the lease or any extension thereof. Said policy MUST have a minimum General Liability coverage of One Hundred Fifty Thousand ($150,000.00), naming the Property Owner and MANAGER as an additional insured. Should the tenant fail to do so, the MANAGER, at the MANAGER’s sole option, may obtain the insurance on behalf of the TENANT and increase the monthly rental amount, without notice, by such amount necessary to cover the monthly insurance premium plus ten percent (10%) as an administrative fee. RECEIVED & ACKNOWLEDGED BY TENANT this _____ day of ____________________, 20____ Tenant: _________________________________________ Printed Name: _________________________________________ Tenant: _________________________________________ Printed Name: _________________________________________ 7 Switchbud Pl. PMB C192-308 | The Woodlands, TX 77380 281-378-2180 Office | 936-756-4820 Facsimile SA M DO P L OL E EY LE A PR SE OP A ER GR TI EE ES M , L EN LC T DATE: 08/25/2012 RE: Policy on pet's 01) Fish & Aquariums on a case by case basis If accepted all large aquariums will require insurance coverage with landlord named as loss payee. Landlord will determine at its sole discretion what is considered a large aquarium. 02) NO Hamsters, Guinea Pigs or Mice 03) NO Birds or Reptiles 04) NO more than two (2) pets per property for single family homes 05) NO more than one (1) pet per property for the townhomes. A second pet may be considered on a case by case basis; discuss your situation with the landlord. 06) NO breeding or animal husbandry of pets is allowed at any time for any reason, nonneutered or non-spayed pets considered on a case by case basis. 07) Large Breed dogs and dogs over 23 pounds & 20” at the shoulder will be considered on a case by case basis ONLY; discuss your situation with the landlord. 08) Pet Fees (for dogs 25 pounds or less & 22” or less at the shoulder and domestic breed cats): a. $250.00 refundable deposit per pet + an additional $15.00/month per pet fee. b. Puppies will require a higher deposit. i. Any animal under 2 years of age is considered a puppy. c. Pets over 25 pounds & 22” at the shoulder will be considered on a case by case basis. d. Deposits are refundable if there is no damage and all terms and conditions of the lease have been complied with. 09) Dogs not allowed include but are not limited to Pit Bulls, American Staffordshire Terriers, Rottweilers, Dobermanns and German Shepherds. Unless the dog is a “Certified” service dog for a person with a disability. 7 Switchbud Pl. PMB C192-308 | The Woodlands, TX 77380 281-378-2180 Office | 936-756-4820 Facsimile SA M DO P L OL E EY LE A PR SE OP A ER GR TI EE ES M , L EN LC T 10) Tenant MUST submit (BEFORE keys will be released) for each pet, vet records with proof of size, weight & height, age, neutered or spayed and current rabies vaccination certificate and the Tenant General Liability policy to include the dog. 11) Tenant shall pay to the landlord a fee equal to one month's rent and forfeit the security deposit, as liquidated damages, for tenant's failure to comply with the pet policy and tenant MUST notify the landlord of the keeping of a pet on the premises, EVEN TEMPORARILY, without an executed pet agreement. 12) Tenant is fully liable for all damages done by the pet to home, yard, landscaping or fence including, but not limited to, the “Professional” cleaning of all carpets, “Professional” treatment of the property and all carpets for pet odor, urine, feces, fleas, ticks, etc. and as may be determined at the sole discretion of the landlord the complete replacement of the carpet and/or carpet pad and/or any other flooring, interior or exterior trim, weather-striping, doors, moldings, cabinets, fixtures, paint Air-conditioning compressor or landscaping. 13) Execute a pet agreement before ever bringing a pet on the property, failure to do so will result in the remedies explained in paragraph 12 above PLUS the additional pet deposit. It's not worth it, do the pet agreement FIRST. 14) Even temporarily, applies to pets of family members, friends or guest brought on to the property and YES even if it is just for an hour. RECEIVED & ACKNOWLEDGED BY TENANT this _____ day of ____________________, 20____ Tenant: _________________________________________ Printed Name: _________________________________________ Tenant: _________________________________________ Printed Name: _________________________________________ 7 Switchbud Pl. PMB C192-308 | The Woodlands, TX 77380 281-378-2180 Office | 936-756-4820 Facsimile
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