Form 25-5

Residential Lease

Basic Information

Date:

Landlord:

Landlord’s Address:

Tenant:

Tenant’s Address:

Premises

Street address/suite:

City, state, zip:

Monthly Rent:

Term (months):

Commencement Date:

Termination Date:

Security Deposit:

Fee in Lieu of Security Deposit:

Landlord [will/will not] use the fee to purchase insurance coverage for damages and unpaid rent for which the tenant is legally liable under the lease or as a result of breaching the lease.

Permitted Use: Private residence

Occupants (other than Tenant):

Utilities to Be Provided by Landlord:

Tenant’s Insurance: As required by Insurance Addendum

Landlord’s Insurance: As required by Insurance Addendum

A.Definitions

A.1.“Agent” means agents, employees, officers, directors, members and partners of the principal, and, to the extent under the control of the principal, invitees.

A.2.“Injury” means (a) harm to or impairment or loss of property or its use or (b) harm to or death of a person.

A.3.“Rent” means Monthly Rent plus any other amounts of money payable by Tenant to Landlord.

B.Tenant’s Obligations

B.1.Tenant agrees to—

B.1.a.Lease the Premises for the entire Term beginning on the Commencement Date and ending on the Termination Date.

B.1.b.Accept the Premises in their present condition “AS IS,” the Premises being cur­rently suitable for the Permitted Use.

B.1.c.Obey all laws relating to Tenant’s Permitted Use, maintenance of condition, and occupancy of the Premises.

B.1.d.Pay monthly, in advance, on the first day of the month, the Monthly Rent to Landlord at Landlord’s Address.

B.1.e.Pay, as additional Rent, all other amounts due under this lease.

B.1.f.Pay a late charge of 5 percent of any Rent not received by Landlord by the tenth day after it is due.

B.1.g.Pay for all utility services used by Tenant and not provided by Landlord.

B.1.h.Allow Landlord to enter the Premises to perform Landlord’s obligations, inspect the Premises, and show the Premises to prospective purchasers or tenants.

B.1.i.Repair any damage to the Premises caused by Tenant or the occupants listed under “Occupants (other than Tenant).”

B.1.j.Submit in writing to Landlord any request for repairs, replacement, and mainte­nance that are the obligations of Landlord.

B.1.k.Move out of the Premises at the end of the Term.

B.1.l.Pay Rent (including, if applicable and at the same time, the fee in lieu of the Security Deposit) by check, money order, or other traceable or negotiable instrument.

B.2.Tenant agrees not to—

B.2.a.Use the Premises other than as a residence occupied by the named Tenant and the occupants listed under “Occupants (other than Tenant).”

B.2.b.Create or permit a nuisance or interfere with any neighbor’s use of its Premises.

B.2.c.Change Landlord’s lock system.

B.2.d.Alter the Premises.

B.2.e.Allow a lien to be placed on the Premises.

B.2.f.Assign this lease or sublease any portion of the Premises without Landlord’s written consent.

C.Landlord’s Obligations

Landlord agrees to—

C.1.Lease to Tenant the Premises for the entire Term beginning on the Commence­ment Date and ending on the Termination Date.

C.2.Obey all laws, ordinances, orders, rules, regulations, and covenants applicable to the use, condition, and occupancy of the Premises.

C.3.Provide the utilities specified in the lease.

C.4.Use reasonable efforts to make repairs to the Premises, but Landlord will not be required to repair a condition unless Tenant notifies Landlord of the condition and Tenant has paid all Rent then due. Landlord will not be required to repair conditions caused by Tenant or the occupants listed under “Occupants (other than Tenant),” unless caused by normal wear and tear, and will not be required to recarpet or repaint the Premises.

C.5.If there is a Security Deposit, return the Security Deposit to Tenant on or before the thirtieth day after the date Tenant surrenders the Premises, after subtracting from the Secu­rity Deposit all amounts applied to cure any breach of the lease by Tenant as provided below, provided that Tenant has given Landlord written notice of Tenant’s new address. If Tenant elected to pay a fee in lieu of the Security Deposit, the fee is not refundable.

D.General Provisions

Landlord and Tenant agree to the following:

D.1.Abatement.      Tenant’s covenant to pay Rent and Landlord’s covenants are inde­pendent. Except as otherwise provided, Tenant may not abate Rent for any reason.

D.2.Insurance.      Tenant and Landlord will maintain the respective insurance cover­ages described in the attached Insurance Addendum.

D.3.Release of Claims/Subrogation.      Landlord and Tenant release each other and their respective Agents, successors, and assigns from all claims or liabilities for damage to the Premises or damage to or loss of personal property within the Premises that are covered by the releasing party’s property insur­ance or that would have been covered by the required insurance if the party fails to maintain the property coverages required by this lease. The party incur­ring the damage or loss will be responsible for any deductible or self-insured retention under its property insurance. Landlord and Tenant will notify the issuing property insurance companies of the release set forth in this paragraph and will have the property insurance policies endorsed, if necessary, to prevent invalidation of coverage. This release will not apply if it invalidates the prop­erty insurance coverage of the releasing party. The release in this paragraph will apply even if the damage or loss is caused, in whole or in part, by the ordinary negligence or strict liability of the released party or its Agents, successors, and assigns but will not apply to the extent the damage or loss is caused in whole or in part by the gross negligence or willful misconduct of the released party or its Agents, successors, and assigns.

D.4.Casualty/Condemnation.      If the Premises are damaged by fire or other casualty or are condemned, then either Landlord or Tenant may terminate this lease by notifying the other. Any Rent prepaid by Tenant will be returned to Tenant on termination.

D.5.Default by Landlord/Events.      Defaults by Landlord are failing to comply with any provision of this lease within thirty days after written notice and failing to remedy a con­dition that materially affects the physical health or safety of an ordinary tenant within ten days after written notice unless such condition results from Tenant’s actions.

D.6.Default by Landlord/Tenant’s Remedies.      Tenant’s remedies for Land­lord’s default are to sue for damages and, if Landlord does not remedy a condition (not resulting from Tenant’s actions) that materially affects the physical health or safety of an ordinary tenant for thirty days after notice, terminate this lease.

a.Provided Tenant is not delinquent in the payment of Rent when Tenant provides Landlord any required notices and subject to applicable limita­tions in section 92.056 of the Texas Property Code, if Landlord has not repaired or remedied within a reasonable time or if Landlord is not making a diligent effort to repair or remedy any condition that materi­ally affects the physical health or safety of an ordinary tenant, and Land­lord is obligated under this lease to repair or remedy the condition, then Tenant may, following notice to Landlord (i) by certified mail, return receipt requested, or by registered mail or (ii) by notice to the person to whom or at the place where Tenant’s Rent is normally paid, followed by a subsequent written notice if the condition is not remedied or repaired within a reasonable period of time following the first notice—

i.terminate this lease;

ii.have the condition repaired or remedied according to section 92.0561 of the Texas Property Code if the condition involves any of the following and at least one of Tenant’s notices to Landlord includes a reasonable description of the proposed repair or remedy, along with a statement that Tenant intends to repair or remedy the condition:

(a)the backup or overflow of raw sewage inside the Premises or the flooding from broken pipes or natural drainage inside the Premises;

(b)potable water service to the Premises is not available, and Landlord has expressly or impliedly agreed in this lease to fur­nish potable water to the Premises;

(c)heating or cooling equipment serving the Premises is producing inadequate heat or cooled air, Landlord has expressly or impliedly agreed in this lease to furnish heating or cooling equipment, and Landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the lack of heat or cooling materially affects the health or safety of an ordinary tenant; or

(d)any other condition exists at the Premises that materially affects the health or safety of an ordinary tenant, and Landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction of such condition;

iii.deduct from Tenant’s Rent, without necessity of judicial action, the cost of the repair or remedy of any condition listed in section D.5.a.ii. in compliance with section 92.0561 of the Texas Property Code; or

iv.obtain judicial remedies according to section 92.0563 of the Texas Property Code.

b.If Tenant elects to terminate this lease, Tenant is—

i.entitled to a pro rata refund of Rent from the date of termination or the date Tenant moves out, whichever is later;

ii.entitled to deduct Tenant’s Security Deposit from Tenant’s Rent without the necessity of lawsuit or to obtain a refund of Tenant’s Security Deposit according to law; and

iii.not entitled to the other repair-and-deduct remedies under section 92.0561 of the Texas Property Code or the judicial remedies under subdivisions (1) and (2) of subsection (a) of section 92.0563 of the Texas Property Code.

c.If Tenant elects to have the condition repaired or remedied following the requirements of section 92.0561 of the Texas Property Code, Tenant may have the condition repaired or remedied—

i.immediately following Tenant’s notice of intent to repair if the con­dition involves sewage or flooding;

ii.within three days following Tenant’s delivery of notice of intent to repair if the condition involves a cessation of potable water or inad­equate heat or cooled air; or

iii.within seven days following Tenant’s notice of intent to repair or remedy the condition if the condition involves any other matter affecting the physical health or safety of an ordinary tenant; and

Tenant may deduct the cost to repair or remedy the condition from a subsequent Rent payment, but the deduction may not exceed the amount of one month’s Rent under the lease or $500, whichever is greater. When deducting the cost of repairs from the Rent, Tenant must furnish Land­lord, along with payment of the balance of the Rent, a copy of the repair bill and the receipt for its payment. A repair bill and receipt may be the same document. Repairs and deductions may be made as often as neces­sary as long as Tenant otherwise complies with section 92.0561 of the Texas Property Code and the total repairs and deductions in any one month do not exceed one month’s Rent or $500, whichever is greater.

d.If Tenant’s Rent is subsidized in whole or in part by a governmental agency, the deduction limitation of one month’s Rent shall mean the fair market rent for the dwelling and not the Rent that Tenant pays. The fair market rent shall be determined by the governmental agency subsidizing the Rent, or in the absence of such a determination, it shall be a reason­able amount of rent under the circumstances.

e.Tenant repairs pursuant to section 92.0561 of the Texas Property Code must be made by a company, contractor, or repairman listed in the yel­low or business pages of the telephone directory or in the classified advertising section of a newspaper of the local city, county, or adjacent county at the time of Tenant’s notice of intent to repair and must be made in compliance with applicable building codes, including a building permit when required. Unless otherwise agreed between Tenant and Landlord, any repairs made pursuant to section 92.0561 of the Texas Property Code may not be made by Tenant, Tenant’s immediate family, Tenant’s employer or employees, or a company in which Tenant has an ownership interest. In addition, repairs may not be made by Tenant under section 92.0561 of the Texas Property Code to the foundation or load-bearing structural elements of a building of which the Premises is a part if the building contains two or more dwelling units.

f.If Landlord repairs or remedies the condition or delivers to Tenant an affidavit for delay under section 92.0562 of the Texas Property Code after Tenant has contacted a repairman but before the repairman com­mences work, Landlord shall be liable for the cost incurred by Tenant for the repairman’s trip charge and Tenant may deduct the charge from Tenant’s Rent as if it were a repair cost.

g.If Tenant elects to pursue judicial remedies against Landlord pursuant to section 92.0563 of the Texas Property Code, those remedies include—

i.an order directing Landlord to take reasonable action to repair or remedy the condition;

ii.an order reducing Tenant’s Rent, from the date of the first repair notice, in proportion to the reduced rental value resulting from the condition until the condition is repaired or remedied;

iii.a judgment against Landlord for a civil penalty of one month’s Rent plus $500;

iv.a judgment against Landlord for the amount of Tenant’s actual damages; and

v.court costs and attorney’s fees, excluding any attorney’s fees for a cause of action for damages relating to a personal injury.

D.7.Default by Tenant/Events.      Defaults by Tenant are (a) failing to timely pay Rent, (b) abandoning the Premises or vacating a substantial portion of the Premises, and (c) failing to comply within ten days after written notice with any provision of this lease other than the defaults set forth in (a) and (b).

D.8.Default by Tenant/Landlord’s Remedies.      Landlord’s remedies for Tenant’s default are to (a) enter and take possession of the Premises and sue for Rent as it accrues; (b) enter and take possession of the Premises, after which Landlord may relet the Premises on behalf of Tenant and receive the Rent directly by reason of the reletting, and Tenant agrees to reimburse Landlord for any expenditures made in order to relet; (c) enter the Premises and perform Tenant’s obligations; and (d) terminate this lease by written notice and sue for pos­session or damages or both.

D.9.Default/Waiver.      All waivers must be in writing and signed by the waiving party. Landlord’s failure to enforce any provisions of this lease or its acceptance of late installments of Rent will not be a waiver and will not estop Landlord from enforcing that pro­vision or any other provision of this lease in the future.

D.10.Mitigation.      Landlord and Tenant have a duty to mitigate damages.

D.11.Security Deposit.      If Tenant defaults, Landlord may use the Security Deposit or insurance obtained by Landlord that is acquired by Tenant’s payment of a fee in lieu of the Security Deposit to pay arrears of Rent, to repair any damage or injury, or to pay any expense or liability incurred by Landlord as a result of the default. If Tenant has elected to pay a fee in lieu of paying a Security Deposit, Tenant has the option to terminate the agreement to pay the fee in lieu of a Security Deposit at any time and stop paying the fee, and instead to pay a Secu­rity Deposit in the amount that is otherwise offered to new tenants for substantially similar housing on the date Tenant chooses to pay the Security Deposit.

D.12.Holdover.      If Tenant does not vacate the Premises following termination of this lease, Tenant will become a tenant at will and must vacate the Premises on receipt of notice from Landlord. No holding over by Tenant, whether with or without the consent of Landlord, will extend the Term.

D.13.Alternative Dispute Resolution.      Landlord and Tenant agree to mediate in good faith before filing a suit for damages.

D.14.Attorney’s Fees.      If either party retains an attorney to enforce this lease, the party prevailing in litigation is entitled to recover reasonable attorney’s fees and court and any other costs.

D.15.Venue.      Exclusive venue is in the county in which the Premises are located.

D.16.Entire Agreement.      This lease and its exhibits, addenda, and riders are the entire agreement of the parties concerning the lease of the Premises by Landlord to Tenant. There are no representations, warranties, agreements, or promises pertaining to the Premises or the lease of the Premises by Landlord to Tenant, and Tenant is not relying on any state­ments or representations of any agent of Landlord that are not in this lease and any exhibits, addenda, and riders.

D.17.Amendment of Lease.      This lease may be amended only by an instrument in writing signed by Landlord and Tenant.

D.18.Limitation of Warranties.      There are no implied warranties of mer­chantability, of fitness for a particular purpose, or of any other kind arising out of this lease, and there are no warranties that extend beyond those expressly stated in this lease.

D.19.Notices.      Any notice required or permitted under this lease must be in writing. Any notice required by this lease will be deemed to be given (whether received or not) the ear­lier of receipt or three business days after being deposited with the United States Postal Ser­vice, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this lease. Notice may also be given by regular mail, per­sonal delivery, courier delivery, or e-mail and will be effective when received. Any address for notice may be changed by written notice given as provided herein.

D.20.Texas Property Code.      Landlord and Tenant each acknowledge that chapter 92 of the Texas Property Code, which deals with residential tenancies, affords certain rights and imposes certain duties on them.

D.21.Abandoned Property.      Landlord may retain, destroy, or dispose of any prop­erty left on the Premises at the end of the Term.

D.22.Tenant’s Statutory Right to Terminate.      Tenant may have special statutory rights to terminate the lease early in certain situations involving family violence, military deployment or transfer, or certain sexual offenses or stalking.

D.23.Emergencies.      Tenant may call [telephone number] to report emergencies that affect the Premises and that threaten Tenant’s physical health or safety.

   
[Name of landlord]

   
[Name of tenant]

Insurance Addendum to Lease

Lease

Date:

Landlord:

Tenant:

This insurance addendum is part of the lease.

A.Tenant agrees to—

1.Maintain the property and liability insurance policy required below during the Term and any period before or after the Term when Tenant is present on the Premises:

2.Deliver a certificate of insurance to Landlord before entering the Premises and thereafter at least ten days before the expiration of the policies.

B.Landlord agrees to maintain the property insurance policy required below during the Term: