Commercial Lease Agreement Terms and Conditions, Study notes of Law

Download Commercial Lease Agreement Terms and Conditions and more Study notes Law in PDF only on Docsity! Page 1 of 12 TEXAS RESIDENTIAL LEASE AGREEMENT I. THE PARTIES. This Residential Lease Agreement (“Agreement”) made this ________________, 20____ is between: Landlord: _______________________ with a mailing address of _______________________, City of _______________________, State of _______________________ ("Landlord"), AND Tenant(s): ______________________________________________ (“Tenant”). Landlord and Tenant are each referred to herein as a “Party” and, collectively, as the "Parties." NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, the Tenant agrees to lease the Premises from the Landlord under the following terms and conditions: II. LEASE TYPE. This Agreement shall be considered a: (check one) ☐ - Fixed Lease. The Tenant shall be allowed to occupy the Premises starting on ________________, 20____ and end on ________________, 20____ (“Lease Term”). At the end of the Lease Term and no renewal is made, the Tenant: (check one) ☐ - May continue to lease the Premises under the same terms of this Agreement under a month-to-month arrangement. ☐ - Must vacate the Premises. ☐ - Month-to-Month Lease. The Tenant shall be allowed to occupy the Premises on a month-to-month arrangement starting on ________________, 20____ and ending upon notice of ____ days from either Party to the other Party (“Lease Term”). III. OCCUPANT(S). The Premises is to be occupied strictly as a residential dwelling with the following individual(s) in addition to the Tenant: (check one) ☐ - ______________________________________________ (“Occupant(s)”) ☐ - There are no Occupant(s). IV. THE PROPERTY. The Landlord agrees to lease the described property below to the Tenant: (enter the property information) a.) Mailing Address: ________________, City of ________________, State of ________________. b.) Residence Type: ☐ Apartment ☐ House ☐ Condo ☐ Other: ________________ c.) Bedroom(s): ____ d.) Bathroom(s): ____ Page 2 of 12 The aforementioned property shall be leased wholly by the Tenant (“Premises”). V. PURPOSE. The Tenant and Occupant(s) may only use the Premises as: (check one) ☐ - A residential dwelling only. ☐ - A residential dwelling and: _______________________________________. VI. FURNISHINGS. The Premises is: (check one) ☐ - To be furnished with the following: _________________________________ ________________________________________________________________. ☐ - Not furnished. VII. APPLIANCES. The Landlord shall: (check one) ☐ - Provide the following appliances: __________________________________ ________________________________________________________________. ☐ - Not provide any appliances. VIII. RENT. The Tenant shall pay the Landlord, in equal monthly installments, $________________ ("Rent"). The Rent shall be due on the ____ of every month (“Due Date”) and paid under the following instructions: _______________________________. IX. NON-SUFFICIENT FUNDS (NSF CHECKS). If the Tenant pays the Rent with a check that is not honored due to insufficient funds (NSF): (check one) ☐ - There shall be a fee of $____ per incident. ☐ - There shall be no fee. X. LATE FEE. If Rent is not paid on the Due Date: (check one) ☐ - There shall be a penalty of $____ due as ☐ One (1) Time Payment ☐ Every Day Rent is Late. Rent is considered late when it has not been paid within ____ day(s) after the Due Date. ☐ - There shall be No Late Fee if Rent is late. XI. FIRST (1ST) MONTH'S RENT. The Tenant is required to pay the first (1st) month's rent: (check one) ☐ - Upon the execution of this Agreement. ☐ - Upon the first (1st) day of the Lease Term. Page 5 of 12 XXIII. NOTICES. Any notice to be sent by the Landlord or the Tenant to each other shall use the following addresses: Landlord's / Agent's Address: ________________________________________________________________. Tenant's Mailing Address: (check one) ☐ - The Premises. ☐ - Other. _______________________________________________________. XXIV. AGENT/MANAGER. (check one) ☐ - The Landlord does have a manager on the Premises that can be contacted for any maintenance or repair at: Name: _______________________ Telephone (____) _____-______ E-Mail _____________________________ ☐ - The Landlord does not have a manager on the Premises although the Landlord can be contacted for any maintenance or repair at: Telephone (____) _____-______ E-Mail _____________________________ XXV. POSSESSION. Tenant has examined the condition of the Premises and by taking possession acknowledges that they have accepted the Premises in good order and in its current condition except as herein otherwise stated. Failure of the Landlord to deliver possession of the Premises at the start of the Lease Term to the Tenant shall terminate this Agreement at the option of the Tenant. Furthermore, under such failure to deliver possession by the Landlord, and if the Tenant cancels this Agreement, the Security Deposit (if any) shall be returned to the Tenant along with any other pre-paid rent, fees, including if the Tenant paid a fee during the application process before the execution of this Agreement. XXVI. ACCESS. Upon the beginning of the Proration Period or the start of the Lease Term, whichever is earlier, the Landlord agrees to give access to the Tenant in the form of keys, fobs, cards, or any type of keyless security entry as needed to enter the common areas and the Premises. Duplicate copies of the access provided may only be authorized under the consent of the Landlord and, if any replacements are needed, the Landlord may provide them for a fee. At the end of this Agreement all access provided to the Tenant shall be returned to the Landlord or a fee will be charged to the Tenant or the fee will be subtracted from the Security Deposit. XXVII. SUBLETTING. The Tenant shall not be able to sublet the Premises without the written consent from the Landlord. The consent by the Landlord to one subtenant shall not be deemed to be consent to any subsequent subtenant. Page 6 of 12 XXVIII. ABANDONMENT. If the Tenant vacates or abandons the Premises for a time- period that is the minimum set by State law or seven (7) days, whichever is less, the Landlord shall have the right to terminate this Agreement immediately and remove all belongings including any personal property off of the Premises. If the Tenant vacates or abandons the Premises, the Landlord shall immediately have the right to terminate this Agreement. XXIX. ASSIGNMENT. Tenant shall not assign this Lease without the prior written consent of the Landlord. The consent by the Landlord to one assignment shall not be deemed to be consent to any subsequent assignment. XXX. RIGHT OF ENTRY. The Landlord shall have the right to enter the Premises during normal working hours by providing at least twenty-four (24) hours notice in order for inspection, make necessary repairs, alterations or improvements, to supply services as agreed or for any reasonable purpose. The Landlord may exhibit the Premises to prospective purchasers, mortgagees, or lessees upon reasonable notice. XXXI. MAINTENANCE, REPAIRS, OR ALTERATIONS. The Tenant shall, at their own expense and at all times, maintain premises in a clean and sanitary manner, and shall surrender the same at termination hereof, in as good condition as received, normal wear and tear excepted. The Tenant may not make any alterations to the leased premises without the consent in writing of the Landlord. The Landlord shall be responsible for repairs to the interior and exterior of the building. If the Premises includes a washer, dryer, freezer, dehumidifier unit and/or air conditioning unit, the Landlord makes no warranty as to the repair or replacement of units if one or all shall fail to operate. The Landlord will place fresh batteries in all battery-operated smoke detectors when the Tenant moves into the premises. After the initial placement of the fresh batteries it is the responsibility of the Tenant to replace batteries when needed. A monthly "cursory" inspection may be required for all fire extinguishers to make sure they are fully charged. XXXII. NOISE/WASTE. The Tenant agrees not to commit waste on the premises, maintain, or permit to be maintained, a nuisance thereon, or use, or permit the premises to be used, in an unlawful manner. The Tenant further agrees to abide by any and all local, county, and State noise ordinances. XXXIII. GUESTS. There shall be no other persons living on the Premises other than the Tenant and any Occupant(s). Guests of the Tenant are allowed for periods not lasting for more than 48 hours unless otherwise approved by the Landlord in writing. XXXIV. COMPLIANCE WITH LAW. The Tenant agrees that during the term of the Agreement, to promptly comply with any present and future laws, ordinances, orders, rules, regulations, and requirements of the Federal, State, County, City, and Municipal government or any of their departments, bureaus, boards, commissions and officials thereof with respect to the premises, or the use or occupancy thereof, whether said compliance shall be ordered or directed to or against the Tenant, the Landlord, or both. XXXV. DEFAULT. If the Tenant fails to comply with any of the financial or material provisions of this Agreement, or of any present rules and regulations or any that may be hereafter prescribed by the Landlord, or materially fails to comply with any duties Page 7 of 12 imposed on the Tenant by statute or State laws, within the time period after delivery of written notice by the Landlord specifying the non-compliance and indicating the intention of the Landlord to terminate the Agreement by reason thereof, the Landlord may terminate this Agreement. If the Tenant fails to pay rent when due and the default continues for the time-period specified in the written notice thereafter, the Landlord may, at their option, declare the entire balance (compiling all months applicable to this Agreement) of rent payable hereunder to be immediately due and payable and may exercise any and all rights and remedies available to the Landlord at law or in equity and may immediately terminate this Agreement. The Tenant will be in default if: (a) Tenant does not pay rent or other amounts that are owed; (b) Tenant, their guests, or the Occupant(s) violate this Agreement, rules, or fire, safety, health, or criminal laws, regardless of whether arrest or conviction occurs; (c) Tenant abandons the Premises; (d) Tenant gives incorrect or false information in the rental application; (e) Tenant, or any Occupant(s) is arrested, convicted, or given deferred adjudication for a criminal offense involving actual or potential physical harm to a person, or involving possession, manufacture, or delivery of a controlled substance, marijuana, or drug paraphernalia under state statute; (f) any illegal drugs or paraphernalia are found in the Premises or on the person of the Tenant, guests, or Occupant(s) while on the Premises and/or; (g) as otherwise allowed by law. XXXVI. MULTIPLE TENANT OR OCCUPANT(S). Each individual that is considered a Tenant is jointly and individually liable for all of this Agreement's obligations, including but not limited to rent monies. If any Tenant, guest, or Occupant(s) violates this Agreement, the Tenant is considered to have violated this Agreement. Landlord’s requests and notices to the Tenant or any of the Occupant(s) of legal age constitutes notice to the Tenant. Notices and requests from the Tenant or any one of the Occupant(s) (including repair requests and entry permissions) constitutes notice from the Tenant. In eviction suits, the Tenant is considered the agent of the Premise for the service of process. XXXVII. DISPUTES. If a dispute arises during or after the term of this Agreement between the Landlord and Tenant, they shall agree to hold negotiations amongst themselves, in "good faith", before any litigation. XXXVIII. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. XXXIX. SURRENDER OF PREMISES. The Tenant has surrendered the Premises when (a) the move-out date has passed and no one is living in the Premise within the Landlord’s reasonable judgment; or (b) Access to the Premise have been turned in to Landlord – whichever comes first. Upon the expiration of the term hereof, the Tenant shall surrender the Premise in better or equal condition as it were at the commencement of this Agreement, reasonable use, wear and tear thereof, and damages by the elements excepted. XL. RETALIATION. The Landlord is prohibited from making any type of retaliatory acts against the Tenant including but not limited to restricting access to the Premises, Page 10 of 12 AMOUNT ($) DUE AT SIGNING Security Deposit: $____________ First (1st) Month's Rent: $____________ Parking Fee: $____________ Pet Fee(s): $____________ Pre-Payment of Rent: $____________ Proration Amount: $____________ Total Amount: $____________ Page 11 of 12 Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards 1. Lead Warning Statement Housing build before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and /or lead-based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on lead poisoning prevention. 2. Lessor’s Disclosure (a) Presence of lead-based paint and/or lead-based paint hazards (check one below): ☐ - Known lead-based paint and/or lead-based paint hazards are present in the housing (explain): _______________________________________. ☐ - Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. (b) Records and reports available to the landlord (check one below) ☐ - Landlord has provided the tenant with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below). ☐ - Landlord has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. 3. Tenant’s Acknowledgement ☐ - Tenant has received copies of all information listed above. ☐ - Tenant has received the pamphlet “Protect Your Family From Lead in Your Home”. 4. Broker’s Acknowledgement ☐ - Broker has informed the tenant of the tenant’s obligations under 42 USC 4852(d) and is aware of his/her responsibility to ensure compliance. 5. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate. Landlord's Signature ___________________________ Date: _____________ Print Name: __________________ Tenant’s Signature ___________________________ Date: _____________ Print Name: __________________ Tenant’s Signature ___________________________ Date: _____________ Print Name: __________________ Agent’s Signature ___________________________ Date: _____________ Print Name: __________________ Page 12 of2 1 TEXAS PARKING RULES ADDENDUM IN ACCORDANCE WITH TEXAS PROPERTY CODE § 92.0131 This Parking Rules Addendum (“Addendum”) has been made on __________________, 20____ by and between the Landlord known as __________________ (“Landlord”) and the Tenant known as __________________. When mentioned collectively, the Landlord and Tenant shall be known as the “Parties”. The purpose of this addendum is to identify the and implement parking rules for the lease agreement signed amongst the Parties. With the Tenant’s signature to this Addendum, the Tenant understands and agrees to adhere to the parking rules outlined below: TENANT IS ALLOWED TO PARK IN THE DESIGNATED PARKING SPACES/AREAS: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ IF THE TENANT PARKS A VEHICLE IN ANY OTHER AREA, THEY MAY BE SUBJECT TO BEING TOWED. VEHICLE DETAILS Make: __________________ Model: __________________ Color: __________________ Year: __________________ License Number: __________________ State of Registration: __________________ Landlord’s Signature: ________________________ Date: _______________ Print Name: ________________________ Tenant’s Signature: ________________________ Date: _______________ Print Name: ________________________ Tenant’s Signature: ________________________ Date: _______________ Print Name: ________________________