Linda S. Nowlin v. Lori Keaton

ACCEPTED
03-14-00608-CV
4339675
THIRD COURT OF APPEALS
AUSTIN, TEXAS
3/2/2015 4:41:03 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00608-CV
IN THE FILED IN
3rd COURT OF APPEALS
COURT OF APPEALS FOR THE AUSTIN, TEXAS
THIRD SUPREME JUDICIAL DISTRICT 3/2/2015 4:41:03 PM
AT AUSTIN, TEXAS JEFFREY D. KYLE
Clerk
LINDA NOWLIN, APPELLANT
V.
LORI KEATON, APPELLEE
APPEAL OF CAUSE C-1-CV-14-006938
FROM THE COUNTY COURT AT LAW #1
OF TRAVIS COUNTY, TEXAS
APPELLANT’S REPLY BRIEF
DAVID NOWLIN
ATTORNEY FOR APPELLANT
7301 RR 620 North, Ste. 155, 319
Austin, Texas 78726-4537
Telephone: (512) 468-4882
Email: DavidNowlin@me.com
NO ORAL ARGUMENT REQUESTED
IDENTIFICATION OF THE PARTIES AND COUNSEL
Appellant certifies that the following is a complete list of the parties, attor-
neys, and all other interested persons regarding this matter:
1. The Appellant in this case is: Linda Nowlin
Nowlin Properties
7301 RR 620 North, Ste. 155, 319
Austin, Texas 78726-4537
2. Appellant was represented David Nowlin
at trial and on appeal by: Nowlin Properties
7301 RR 620 North, Ste. 155, 319
Austin, Texas 78726-4537
4. The Appellee in this case is: Lori Keaton
The Giving Tree Learning Center
15102 Cavalier Canyon Drive
Lakeway, Texas 78734
5. Appellee was represented Robby Abarca
at trial and on appeal by: Attorney at Law
P.O. Box 152547
Austin, Texas 78715
ii
NOTATION AS TO THE FORM OF CITATION
Citation in this brief will be as follows:
(a) Citation to the Reporter’s Record (R) will be to volume and page number,
e.g., “2R12” refers to page 12 of the second volume of the Reporter’s Rec-
ord and “SR12” refers to the same page of the supplemental volume.
(b) Citation to the single-volume Clerk’s Record (CR) will be to page number
only, e.g., “CR15” refers to page 15 of the Clerk’s Record.
(c) Citation to the Plaintiff’s and Defendant’s Exhibits (PX and DX respective-
ly) will be to exhibit and page number, e.g., “2PX1” refers to page 1 of
Plaintiff’s Exhibit #2. All exhibits in evidence are located, in the third vol-
ume of the Reporter’s Record.
(d) Citation to the Appellant’s and Appellee’s Briefs (PB and DB respectively)
will be to page number only, e.g., “PB1” refers to page 1 of Appellant’s
Brief and “DB1” refers to page 1 of Appellee’s Brief.
iii
TABLE OF CONTENTS
Title Page. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .i
Identification of the Parties and Counsel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ii
Notation as to the Form of Citation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .iii
Table of Contents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .iv
Index of Authorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .v
Statement of the Case. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .vi
Points of Error. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .vii
Statement of Facts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Summary of Argument. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Argument. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
I. Appellee Misrepresents the Record and the Holding in E.J. Rohrt
When She States That a Landlord May Not Recover Future Rents
When She, Rather Than a Tenant, Terminates a Lease. . . . . . . . . . . . . . .4
II. Appellee Also Misrepresents Applicable Law When She Argues
that Appellant Waived Her Right to Receive Delinquent Rent
from Appellee for Time Spent in Possession of the Property. . . . . . . . . .8
Prayer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
Certificate of Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
Certificate of Compliance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
Appendix. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
iv
INDEX OF AUTHORITIES
Cases
Texas Supreme Court
Dearborn Stove Co. v. Caples,
236 S.W.2d 486 (Tex. 1951) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
E.J. Rohrt et al, v. Kelley Manufacturing Company,
349 S.W.2d 95 (Tex. 1961) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4, 5, 6
Sanderson v. Sanderson,
109 S.W.2d 744 (Tex. 1937) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
Texas Courts of Appeals
Walling v. Christie Hobby, Inc.,
54 S.W.2d 186 (Tex.Civ.App.—Galveston 1932, N.W.H.). . . . . . . . . . . . . . .4, 5, 6
Sargent v. Highlite Broadcasting Co.,
466 S.W.2d 866 (Tex.Civ.App.—Austin 1971, no writ). . . . . . . . . . . . . . . . . . . .8, 9
Rules
TEX.R.CIV.PROC. 740. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
v
STATEMENT OF THE CASE
Appellant filed her suit for forcible detainer (herein referred to alternately as
“eviction”) in Travis County Justice Court #2 on June 6, 2014. 2R71, CR30. In
her petition, Appellant pled damages for “all rents … according to the lease dated
5/1/14”. CR30. Additionally, she indicated that attorney fees and court costs were
sought in unspecified amounts. Id. On July 2, 2014, judgment was rendered in fa-
vor of Appellee. CR11. On or about July 23, 2014, Appellant appealed from that
judgment to the Travis County Court at Law #1. CR5.
On August 25, 2014, this cause came to be heard in County Court at Law #1,
for trial by jury, which returned a verdict in Appellee’s favor. CR144-CR147. On
August 28, 2014, Appellant moved the County Court to render judgment notwith-
standing the jury’s verdict, to grant a new trial and to issue written rulings on her
proposed jury questions. CR153-CR175. On September 17, 2014, the court de-
nied all post-judgment motions and rendered judgment in favor of Appellee that
Appellant take nothing, noting specifically that Appellant was not entitled to col-
lect the rent in arrears for July and August of 2014. SR5, SR10-SR12, CR176.
Appellant filed her notice of appeal on September 22, 2014, and this appeal
ensued. CR177.
vi
ISSUES PRESENTED
I. Appellee Misrepresents the Record and the Holding in E.J. Rohrt When She
States That a Landlord May Not Recover Future Rents When She, Rather
Than a Tenant, Terminates a Lease.
II. Appellee Also Misrepresents Applicable Law When She Argues that
Appellant Waived Her Right to Receive Delinquent Rent from Appellee for
Time Spent in Possession of the Property.
vii
STATEMENT OF FACTS
On April 12, 2014, Linda Nowlin (hereinafter named “Appellant”) and
Lori Keaton (hereinafter named “Appellee”) created a Residential Lease Con-
tract (hereinafter named “the Lease”) for the rental of residential real property
located at 3907 Eck Lane, Austin, Texas 78734. 1PX1, 2R27. The Lease grants
to Appellee the right to possess and occupy the subject property only so long as
she pays rent for its use and she abides by certain enumerated and specific rules
and prohibitions. 1PX1.
In Section 32, “Default by Resident,” the Lease provides that “[a]ll
monthly rent for the rest of the Lease Contract term or renewal period will be
accelerated automatically without notice or demand (before or after acceleration)
and will be immediately due and delinquent if, without [Appellant’s] written
consent[,]” Appellee leaves the property prior to the end of the lease term with-
out paying rent for the entire term, or if Appellee is “judicially evicted or
move[s] out when [Appellant] demand[s] because [Appellee has] defaulted.”
1PX4.
On June 4, 2014, Appellant posted her first notice to vacate for breach of
the Lease, alleging that Appellee was in default as a result of her resisting and
attempting to thwart and frustrate Appellant’s attempts to repair the property and
her intentionally disturbing the comfort and convenience of Appellant and her
1
agent. 2R87-2R88. The Notice to Vacate stated that “[y]our [Appellant’s] resi-
dency is terminated effective immediately[,]” and that “you are liable for all rent
due under the full term of your contract, damages to the premises, legal fees and
any other charges due under the terms of your agreement.” CR32. Nowhere did
it state that any changes were made to the Lease by the issuance of the Notice to
Vacate or that the Lease was terminated. Id.
Appellee was required to make payments of rent to Appellant on the first
of each month in the amount of $2,100.00. 1PX1. She last paid rent on June 3,
2014, for the month of June of 2014, and made no further payment, though she
stayed in possession of the property until September 5, 2014. See SR9, and see
2R76. On July 2, 2014, Appellant requested of her banking institution that her
deposit account be made inaccessible to Appellee, effectively refusing to accept
late payment of rent. 2R41.
In her testimony at trial, Appellee stated that Appellant “told me [Appel-
lee] that she would never accept rent from me and that she would get an eviction
against me.” 2R108.
SUMMARY OF ARGUMENT
No general rule of law exists that states that a landlord may not recover
future rents if she terminates a lease, or that a tenant and landlord cannot enter
into a lease giving the landlord the power to do so, and the case Appellee cites
2
for this proposition does not recognize such a rule. Rather, it says that the lan-
guage of the lease controls whether or not the landlord should be permitted to
recover future rents after retaking possession as a result of a tenant default and it
ruled that the language of the particular lease under review in that case did not
preserve that particular landlord’s right to do so.
Appellee’s arguments regarding future rents are irrelevant as Appellant
has not sought future rents in this matter, but rather only those rents due for time
Appellee spent in actual possession of the property in July and August of 2014.
Appellant did not terminate the Lease by the issuance of her Notice to
Vacate on June 4, 2014, and no language therein can be construed as releasing
Appellee from any of her obligations thereunder. Rather, the language of the
Notice to Vacate has the opposite effect of reminding Appellee of those obliga-
tions.
Appellee’s argument that there exists a maxim of contract law that holds
that when a party to a contract prevents by wrongful act the performance of an
obligation of another party to the contract, that obligation should be deemed ful-
filled, and that this maxim supports a conclusion that a landlord who refuses late
payment of rent waives the right to receive rent is meritless. The cases Appellee
cites in support of this proposition have no bearing on landlord and tenant dis-
putes or the obligations of tenants to pay rent for possession of property.
3
ARGUMENT
I. APPELLEE MISREPRESENTS THE RECORD AND THE
HOLDING IN E.J. ROHRT WHEN SHE STATES THAT A
LANDLORD MAY NOT RECOVER FUTURE RENTS WHEN
SHE, RATHER THAN A TENANT, TERMINATES A LEASE
In her “Argument 4” in Appellee’s Brief, Appellee argues, implicitly, that
Appellant is not entitled to recover the rents sought in this matter because she
terminated the lease. DB, at 6. Appellee states that a “landlord may not recover
future rents stipulated in a lease when the landlord, and not the tenant, termi-
nates a lease[,]” and cites, in support of this proposition, E.J. Rohrt et al, v. Kel-
ley Manufacturing Company, 349 S.W.2d 95 (Tex. 1961). Id. No such holding
or general statement of law can be found in that case. Rohrt, generally.
Rohrt is a case about a tenancy under a lease with operative wording that
is entirely different from the wording of the lease in this matter. Id. In that
lease it was stated that, in the event of a default by the lessee and at the lessor’s
discretion, the lease might be considered forfeited and that it “shall cease and
come to an end as if that were the day originally fixed herein for the expiration
of the term hereof[.]” Id, at 96. The Court acknowledged that the general rule
in cases of default by tenants is that the landlord may sue for damages (future
rents, most often in cases of breach by abandonment) or to cancel the contract
(possession, in cases where the renter is still in the property) but not both. See
id, at 98 (quoting Walling v. Christie Hobby, Inc., 1932, Tex.Civ.App.—
4
Galveston 1932, N.W.H.). It also acknowledged, however, that this general rule
does not supersede the terms of a lease that states expressly that a landlord’s re-
taking possession after a tenant default does not obviate the tenant’s obligation
to pay future rents for the remainder of the term of the lease. Id (quoting Wall-
ing).
The Court found, in Rohrt, that the language of the specific lease under
review indicated that the lease itself should terminate at the landlord’s discretion
upon the tenant’s default and that the remainder of the language of that lease1
was insufficient to preserve the landlord’s right to future rent thereafter. Id, at
98-99. By contrast, the Lease in this matter states clearly that rent “for the rest
of the Lease Contract term ... will be accelerated ... and will be immediately
due” if the tenant is judicially evicted or if she “move[s] out when we demand
because [she has] defaulted.” 1PX4.
In other words, rather than stating that the lease will terminate at the land-
lord’s discretion upon the tenant’s default, this Lease states expressly that, when
a tenant defaults, the landlord may retake possession and that the remaining rent
due on the contract will be accelerated and due immediately. Id. The only ap-
plicable holding in Rohrt, the case Appellee herself cites in support of her prop-
osition that Appellant is not entitled to accelerated future rents, is that the gen-
1
The lease in Rohrt stated that at the tenant’s default, the landlord could elect to retake possession “without
prejudice to any remedies for arrears of rent or breach of covenant” and the Court reasoned that future rents for
the remaining unexpired term were not “arrears of rent”. Id.
5
eral rule of law in this area does not supersede the contract and that the language
of the Lease, therefore, controls.
It should be noted, however, that Appellee’s opinion regarding whether or
not Appellant is entitled to future rents is irrelevant. Appellant has not sought
future rents in this matter and has requested only those rents due to her for time
Appellee spent in actual possession of the property. 2 Neither in Rohrt nor in
any of the cases upon which it relies was delinquent rent for time in possession
an issue. 3 Rohrt, generally.
Appellee’s Argument 4 also relies on her statement that “appellant termi-
nated the lease in her Notice to Vacate dated June 4th, 2014.” However, no-
where in that document is it stated that the lease is terminated. CR32, generally.
As Appellee appears to acknowledge in her direct quote in this section, the No-
tice to Vacate states that, “[y]our residency is terminated effective immediately.”
CR32 (emphasis added). It also states, explicitly and clearly, that Appellee re-
2
Appellant’s initial filing in the Justice Court was made on June 6, 2014, when Appellee was current on rent,
and though it includes language indicating that Appellant sought “all rents and reletting fees according to the
lease[,]” Appellant completed the form without the benefit of counsel and was not advised that the Justice Court
only had jurisdiction to award damages for rent that was already due at the time of judgment. CR30, and see
Tex. R. Civ. P. 740. Future rent damages were not pled separately in the trial court, nor argued to the jury, nor
included in the Charge of the Court for the jury’s consideration, nor mentioned in Appellant’s Motion for New
Trial or her Motion for Judgment Notwithstanding the Verdict. 2R165-2R175, CR144-CR146, CR170-CR172,
CR166.
3
In Rohrt, all delinquent rent had been paid prior to litigation. Rohrt, at 96. The Rohrt Court relied on Walling
solely for the portions of the opinion having to do with future rents, but it did mention, in passing, that the Wall-
ing Court rendered judgment for the landlord in the matter of rent that was delinquent for time spent in posses-
sion. Id, at 97-98 (stating that “Judgment was rendered for [the landlord] only for delinquent rentals due as of
date of cancellation[.]”). In Dearborn Stove Co. v. Caples, it was the lessee who terminated the lease by aban-
donment and the lessor was ruled entitled to keep future rents already paid for time following the abandonment.
Id, at 98 (citing Dearborn, 236 S.W.2d 486 (Tex. 1951)).
6
mains “liable for all rent due under the full term of [her] contract,” reminding
her of her obligations, discussed above, under the terms of the Lease. Id.
Residency, or possession, is only one component of the Lease, having to
do with the privity of estate under this contract for the use of property. Its ter-
mination is not equivalent to the termination of the Lease as a whole, which con-
tains myriad other components having to do with the privity of contract thereun-
der.
Additionally, it should be noted, in brief, that the trial court disposed of
the issue of whether or not the lease had been terminated when it issued its Final
Judgment denying Appellant the relief she sought in this suit for forcible detain-
er. CR176. It was Appellant’s contention that she was entitled to retake posses-
sion because of Appellee’s default, but it was Appellee who prevailed at trial,
retaining her right to occupy the property (subject, of course, to this appeal). Id.
Unless Appellee now intends to argue that the trial court recognized some right
of occupancy that was unconnected to the Lease (such as a transfer of title, for
example), it cannot be rationally disputed that the trial court acknowledged im-
plicitly, but necessarily, that the lease was still in force on August 25, 2014, long
after Appellee now contends it was terminated by the Notice to Vacate. Id.
Appellee’s failure to present to the Court, in a forthright manner, all of the
relevant information regarding the contents of the Notice to Vacate, Final Judg-
7
ment and Lease, and her making an argument that relies upon the omission of
the language of those documents highlighted herein, together constitute a delib-
erate misrepresentation of the record. In similar manner, Appellee’s citing
Rohrt in support of the general statement that a landlord may not recover future
rents when she terminates a lease, without qualification or explanation, consti-
tutes a deliberate misrepresentation of the holding in that case.
II. APPELLEE ALSO MISREPRESENTS APPLICABLE LAW
WHEN SHE ARGUES THAT APPELLANT WAIVED HER
RIGHT TO RECEIVE DELINQUENT RENT FROM APPELLEE
FOR TIME SPENT IN POSSESSION OF THE PROPERTY
In her “Argument 2” in Appellee’s Brief, Appellee argues that her obliga-
tion to pay rent was fulfilled (presumably forever), though she paid no rent,
when Appellant refused to accept rent from her in July and August of 2014, or
when Appellant stated that she would no longer accept late rent 4. DB, at 5. Ap-
pellee cites two cases in support of what she terms a “universal maxim” that
when a party to a contract prevents performance of an obligation by another par-
ty to the contract, the obligation should be considered fulfilled. Id (citing Sand-
erson v. Sanderson, 109 S.W.2d 744 (Tex. 1937) and Sargent v. Highlite Broad-
casting Co., 466 S.W.2d 866 (Tex.Civ.App.—Austin 1971, no writ)). Neither of
4
Appellee’s brief states, “Appellant stated on July 22 that she would never accept rent from appellee.” DB at 5.
Though no citation is offered for this assertion, it is presumable that Appellee is referring to her testimony at trial
found on 2R108. Appellant’s Attorney has found no other reference to any such statement in the record despite
diligent search. It should be noted that this statement consists of inadmissible hearsay and that Appellant’s At-
torney’s declining to make a timely objection does not increase its minimal probative value.
8
the cited cases is applicable to landlord and tenant disputes or has anything to do
with the obligation of a tenant to pay rent for time spent in possession of rental
property. 5
Conversely, both cases involve fact scenarios in which one party to a con-
tract prevented the performance of another by wrongful act, apparently calculat-
ed deliberately to cause the other to breach the contract involuntarily, and,
thereby, to remove the first party’s obligation to perform. In this case, it is Ap-
pellant’s contention that Appellee breached the Lease by failing to pay rent on
time and before any refusal to accept it. No reasoned argument has been or can
be made that Appellee’s refusing to accept late rent, to the extent that she did,
was calculated to do anything other than preserve her argument that Appellee
had already breached the Lease by failing to pay it on time. Additionally, no
reasoned argument can be made that either of the cases Appellee cites supports
her apparent contention that a tenant should be allowed to remain in possession
of rental property rent-free when a landlord declines to accept late rent.
5
Sanderson involves a contract between a decedent and her final caretaker, whereunder the caretaker was prom-
ised the conveyance of a certain piece of real property in exchange for her caring for the decedent until her death.
Sanderson, generally. The Court ruled that the caretaker was prevented from doing so when she was ejected
from the decedent’s home eight months into the term of the contract and two months prior to the death of her
charge. Id. Sargent involves a contract between two broadcasters that was breached by the one when it was
unable to obtain a certain license from the FCC only because the other refused to provide to the FCC certain
documentation under its control that the commission required for the license. Sargent, generally. The Court
ruled that because the other prevented the one from performing its obligation, the obligation would be deemed
fulfilled. Id.
9
Appellee’s argument constitutes, essentially, an argument that Appellant
waived her right to receive rent, though it is not stated as a waiver argument in
those express terms. As such, and because Appellant’s position regarding waiv-
er is stated in Appellant’s Brief,6 it is not necessary to respond herein to any
other portion of Appellee’s argument or to ask the Court to spend its time re-
viewing a reiteration.
Similarly, it is unnecessary to respond to the remainder and main thrust of
Appellee’s argument, that the entire matter is moot, as Appellant’s position on
the mootness of the matter is stated in also Appellant’s Brief. 7
6
See Appellant’s Brief §§ IA, at PB13-PB14, and IIB, at PB28-PB30.
7
See Appellant’s Brief § IIA, at PB21-PB26.
10
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellant respectfully re-
quests that the Court reverse the judgment of the trial court and render judgment
in Appellant’s favor for Appellee’s unpaid rent for the months of July and Au-
gust of 2014, Appellant’s reasonable pre-trial attorney fees, costs of court and
pre- and post-judgment interest, and that the Court remand this matter to the trial
court for a new trial on the issue of trial and post-judgment attorney fees; or, in
the alternative, reverse the trial court’s judgment and remand this matter to the
trial court for a new trial on all issues; or, in the alternative, vacate the trial
court’s judgment on all issues.
Respectfully submitted,
DAVID NOWLIN
/s/ David Nowlin__________________
State Bar No. 24049196
7301 RR 620 North, Ste. 155, 319
Austin, Texas 78726-4537
Telephone: (512) 468-4882
Email: DavidNowlin@me.com
ATTORNEY FOR APPELLANT
11
CERTIFICATE OF COMPLIANCE
I certify that this brief was prepared using Microsoft Word and that, ac-
cording to that program’s word counting function, the document (excluding the
caption, identification of the parties and counsel, table of contents, index of au-
thorities, statement of the case, points of error, certificate of compliance, certifi-
cate of service and appendix) contains 2,826 words. The body text is in 14
point, Times New Roman font and the footnotes are in 12 point, Times New
Roman font.
/s/ David Nowlin__________________
State Bar No. 24049196
CERTIFICATE OF SERVICE
I certify that on March 2, 2014, a true and correct copy of Appellant’s Re-
ply Brief was served by electronic service on Robby Abarca, the attorney of rec-
ord for Appellee Lori Keaton, at his email address of record, RPAbar-
ca@AbarcaLawFirm.com.
/s/ David Nowlin__________________
State Bar No. 24049196
12
APPENDIX
The following pages constitute the Appendix to Appellant’s Reply Brief,
and contain:
(A) The Final Judgment of the Trial Court,
(B) The Jury Charge and Verdict, and
(C) The Text of the Rules and Statutory Authority and the Lease Upon
Which Appellant’s Argument is Based, including:
(1) Texas Rule of Civil Procedure 740, and
(2) The Lease.
13
No. C-l-CV-14-006938
^
Linda Nowlin, § IN THE COUNTY COURT # %
Plaintiff, §
§
v. § OF TRAVIS COUNTY, %
§
Lori Keaton, § <$
Defendant § COUNTY COURT NO. 2
FINAL JUDGMENT
On August 25, 2014, this case was called for trial. Plaintiff, Linda Nowlin,
represented by counsel announced ready for trial. Defendant, Lori Keaton,
represented by counsel announced ready for trial. After a jury was impaneled and
sworn, it heard evidence and arguments of counsel. In response to the jury charge,
the jury made findings that the Court received, filed, and entered of record. The-
questions oubmittod to the jury and die jury'a findings are attachod qo Exhibit KupX-^r
incorporated by reference—»
All matters in controversy, legal and factual, were submitted to the Court for
its determination. The Court heard the evidence and arguments of counsel and
announced its decision for Defendant.
The Court orally RENDERED judgment for DEFENDANT on August
2014. This written judgment memorializes that rendition.
1. Accordingly, the Court orders that plaintiff take nothing and that
defendant recover court costs from plaintiff.
2. This judgment finally disposes of all claims and all parties, and is net-
appealable.-kxausi this Court lost subject matter jurisdiction of this-~
^-controveray on Scptcmbei 5, 2014 when Defendant lUiuquijhod •
prmrrnfiinn nf thr prnmhn nt 1nH7 Til I lint1 Pir mrr x Pr-friiilm!—
GucceGofully defended lieiself against the wrongful eviction suit—•
- biought by plaintiff in Justice Court, Travi3 County, Texas, Precinct 2
and again won on appeal in Travis County, Court at Law 1.•
SIGNED on
V/7 •»#.•
000904003 \Ko
CAUSE NO. C-l-CV-14-006938
8 IN THE COUNTY COURT
UNDA NOWLIN J
§ AT LAW NUMBER 1 ^
§8 TRAVIS COUNTY, TEXAS '•:j
'•
LORIKEATON 8 j
rmD^rrw THE COURT
MEMBERS OF
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nobody can read what you wrote.
Here are the instructions for answering the questions:
,. Do no. let bias, prejudice, or sympathy ptayanj_£_*_*££,aw that is in these
courtroom. . . f Ynu are the sole judges of the credibility
?$££££?** aword in away that is different from Us ordmary meaning, use the
meaning Igive you, which will be aP"f"" ^y that anyy4question or answer is
5. All the questions and answers are important. No one should say
not important.
IIIIIIllllllllll
000897604
' /#
.. - or
6. Answer "yes nr »nn"
no to
to all Questions unless you
all questionsuni y are told otherwise.
requiresA"yes answer
an answer othermust
thanbe
based on apreponderance ofthe evidence. }Nhe^J"Q^e evidence. The term
"yes" or "no," your
"preponderance oftheanswer must bemeans
evidence" basedtheongreater
aPJJ'"jS^dence presented
™8^*££ eviden V ^ in this
cLIfyou do not find that aP^™^/^ ofwitnesses or by
^iden^ou mustfind thatthe fact ™""ons andthenJUstanswer
me"^
will win. Do not discuss or consider the effect your answers will have.
you answer another question my way. ,wi«nn Qf atleast 5 ofthe 6 jurors. The
less than 5jurors, even ifit would be amajority.
AS. have said before, ifyou do no, follow these"^J"his ,Qwould for
misconduct, and 1might have to order anew tnal and sttrittas P_«"^« «
immediately.
u,• u ^ u «ninirrT FV1DENCE" or by "CIRCUMSTANTIAL
Question 1:
elatingrepairer refurbishing costs, or doing preventive maintenance?
Answer "Yes" or "No".
Answer:
W
Itt<.u'\ct-t'J if100i«-ianimal)aiidadrtilvxrh.iii;eol^ ID.
peraniinal(nottoexceed SK'perdavper nal) from tliedatetheamma!
^r-U-sVi^L lahil.
wasbioufihtintovinirilwellin^unHlil istinaliy removed We'll alsohftheutilitiesusedwiLLletlieu'.ilitv
should have been connected in your name If \ ou are in an area open :n
Nooneelsemayoccupy thedwelling. Persons notlistedabovemustnot compel ition, you mavchouse orchange vourretaileleclricproviderat anv
lime Ifyuiumalify.YOurpioxiderwillbellM-samea^o nle^syou choose
stay illthe dwelling for more than *~i consecutive days xx-ilhout our adifh-rentpio\ider.II'vouchcH->seorchangevourpriov ider, von must j;ive
priorwritten consent, andnomore thantwice llial many daysinanyone ter fees, includLne an v
month. Ifthe prawnsspoec isn't ftlldl in. tuv flai/s permonth is the limit. us written nolice.>ou .tKislpayallapplicable pi
fees to change service back into our name a:1c
LEASECONTRACT TERM. The initial term of the Lease Contract c-rJt'iikiw
begins on the_ property. You iireldtcck-oiwi.
O requiied d i buvamid maintain i i- liability i
(yftir^andencisalmidnightthe "3^ _dayof_ -A-f- iit_
(•.//(fC/ilTlrlJl/nilfjl'.'f^OI'
^JH \fyycar). This Lease Contract will automatically renew month-lo- [jj^not it-qoired to buv ii-nlev's i Mhtv mstu
month unless either party gives atleast 3D da>'s whlten noliceof 1} neither fcehecked.insurance itnot reifi- edit iti?*tilt>ti\ iglifiCLOWt'tcnd-.-.i.
tei-nimabonoruitenttomove(>utasvetiuiredbyparagraph37.f/t/(e>rjniibtT Ifnot required, we ur$? you to^cf uoio mi'->:ir.vuv for hw* due io theft,
tire. iVi'fei dui'tiiye, pipe leak* oihl -. er :*intt!tii •<sit return
re mi inform.ai.ior-.
bundle "lakh orasecurity baroneach sIjdm^Iojiril5la.keyIcss bolt;?a&
^-otjorsec. jler- -h>V>c
:p- - t l kMP*a
w (& c*o*<*S deviceJj.lc_adk>iijoi^e^ciujxteno!jJi^
KEYS, FURNITURE AND AEF1DAVIT OF MOVE-OUT. 1 ou wi ln.-k 01 a keyed deadbolt lock ononcvei>JLy^oi_Ke>'edJock\s) will.be
provided ( dwelling key(s),_ ^mailbox kcy(s),and rekeved,iftei theprionesidentmo\esoi!I:Therekeyint; will bedoneeither
hpiou^yimniovein oi within 7 days alter you movein, as requited by
otheraccessdevices for .Anv resident,
Ailyresident.occupant, st-uinv JJ_^x»iiiii1Jn ijisLdlor rekev security devices as reciuued_bvjju;
orspousewho.accordiiigtoaremainingresident'saffidavil.hasiieniianenlly l'i-0pertvCodc\youhavelbeii^)ttodosoanddeducUbe_jk'as>|nablecos_t
moved out or is under court order to not enter (he dwelling, is (at our Lroiryout nextrentpayuiciilujidj^-vt"^
option) nolongerentitled looccupancy.keys.or other access devices. Your
dwelling willbe[ciieck one}: • furnished or0 unfurnished WhatYuuAreNowRequestinR-Siibject tosiuneliir:tations,underTexas
lawyonmayatanvtimeaskusto: (iJinstall onekeyed deadbolt lock on
an exterior dooi d itdot^nothavt one:(2) [ns',a,.ias(.curit\,baronaslid;ny;
RENT AND CHARGES. You will pay t.SU, 00 per month for glass door ifitdoes not have one; and (3) change orrekey locks oi latches
reJit.inadvaoceandwithoutdeniandat Qi»JT\f K <. Q.CLQX' {2tff* Wemustcompivwuhthoserequests, butvonmustpayforthem. Subject
VjJgJtS p/ilY^n PAWyfL, and payable toSkiwnei or tostatutoryrestrictionsnn whatsecurityde\ kos youmayrequest,vouare
now requestini; us to install or change al youi expense:
Prorated rent of $. l\/h is due for the remainder or icheck one}: ii!t~tt!lcdni,lUoi,iOipic*!i>!xno>ieiit f/'iV,
01st month ur02ndmonth,un Payment. Wewill pav furmissmj; security devices thataie required by
(year).Qllifuvi*:. yon iipint yourrentojini l'i!--hhi. Casliisunacceptui'Ie withoutcur to rekcy after tlie previous resident moved o_uXv_aDdJZLtc,pa>rg or
priorwritten permission. You must not withhold oroffset rent uulctsmtthorizcd replacements due tomisuse ordamageby-youorypm |amily,g&^ip_JujbJ
bystatute. Wemay,atouroption, requireatanytimethatyoupayallrent prgu.eiJ^Youmustpav immenlialelyallerthe workisilonennlessstatestxT.nte
and other sums in cash, certified or cashier's check, money order, or one
authorizes advance payment. xou aki mu^t pay !oiaddiiiona' or changed
sec'iinl v devices vou icc.icsl.m advance oi aMi-'u inl.al our option.
monthlycheck ratherthanmultiplechecks. Ifyoudon't payallrenton or
Special Provisions and "What If" Clauses
SPECIAL PROVISIONS. The followingor attached special provisions UNLAWFUL EARLY MOVL-OLT; KULriTtNG CILICE.
and anyaddendaor written rules furnished to you at or beforesigning ^lui'II be liable to us foi a reletting c'i.ii j;e ol y, j ^ $*) (no
will become a part of this Lease Contract and will supersede any to exceed 8"^.. of the highest iiumlMv ;enl during the I.ease
conflicting provisions of this printed Lease Contract form. Contract 'leim )TI vou:
Huneven pr^v\ j-es^rf -&• v' ytreJry r^ (] ) fail to move m, oi fail to e.ive
requned in paragraphs 23 <r renewal periotl; (1)damage damages, Inlinerent, reletting charges, attorney's tc-es. court costs,
In doors, witidmvs, or screens; (21iljirn,lgefrom windows or doors and oilier lawlul charges. Our rights, remedies, and duties under
left openj_3iifl (IJLdjmtjigejTmiiwaslexvater stoppages caused by paragraphs 11 and .12 apply to acceleialion under this pelagraph.
improperobjects in lines e\dusiyely.serving your dwelling. We
may requite pavnient al anv time, including advance payment ot 15. RENT INCREASES AM) LEASE CONTRACT CHANCES. No
repairs for which you're liable. Delay in demanding sums you owe tent increases or I ease Lonlract changes are allowed before the initial
is not a iv.iii-ei. I-case Contract term en.ts. except lorchanges allowed by anvspecial
provisions in paragraph 111. hi a written addendum or amendment
13. CONTUACTUAL LIEN AND PROPERTY I.LTT IN DWELLING. signed by you and us. or in reasonable . h.uigcs ol our rules allowexl
AlLpioperly injhe dwellijig is (unless exempt undx-r Section under paragraph In, If. al least ' .lays bc:'o:e Ihe advance nolice
f»-UM2_pHhe Texas Property Code! subject to a contractual lien deadlinereterrixi loin paragraphI ivegivevol!u nllen notice ofrent
Lil.secim^ payment (if delLnqueDlrenLJe-sceriLas pmhibilljsl.bj; iiu leases or I.easeContract changes effective ixhen the I case Contract
Section 23llh.fx7.lti. Texas C'.overnmeiil Code, for owners supporter! term ,.r renewal rvriiid ends, this Lease Contract will automatically
l.'y..LLX_CJ-edit alJciraliiinsL l-'or this purpose, "dwelling" excludes continue innnlh-to-iii..nth wilh the increased renl or 1ease Contract
uulslde areas but includes inteiior livingareas and exterior patios, changes. Ihe neyv modilied Lease Coi'tracl will beg;:: on the date
balconies, attached garages, o.ni.] storerooms lor your exclusive use. slated in the nolice ixvithoul necessity ol v,.ui signature) unlessyou
Removal After We Exercisel.ien for Kenl. ILyour rentJs.ajjjjrifliienL g.ve us written iiioxe-.i-.it notire under paragraph 17. Ihe xv:i:;e-:
move-nut nolice under paragraph .17 applies ,,niy to the end ol the
our representative may peacefully enter the dwelling and remove
current Lease Contra, t o: renexval period.
•L".d/nr store alljiropgrly subject to licm Written notice of entry must
he lelt allerivarils in Hie dwelling in .. conspicuous plaei—plus a list Id. DELAY Ol- OCCUPANCY. Ifoccupancy is or w.ll be delayed tor
ot iL'ins reinnx ed Hiein.tiremuststalethe am.,untofdelinquentrent construe lion,repairs, clearing,ora preyionsresident's holding over,
and the name, address, and phone number o! the person to contact we're not responsible tor Ihe delay. The I.ease ( onlract will remain
ahoul the amountowed The notice most alsostate thai the properly in lorce subject lo: iDabalemenl of rent on a daily basis during
will Iv promptly returned when Hie delinquentrent is fullypaid.All delay; ami (21 yntit nghl to terminate as set lo:Hibelow Termination
property in Ihe .Ixxvlling is presumed to hi- yours unless proven notice must be in writing. Alter termination, you are entitled only
otherwise to ivhind of deposit!:,) and any rent paid Rentabatement or I ease
Removal After Surrender, Abandonment, or Eviction. We or law
Conlractterminationdoes noIapply itdelayis lorcleaningor repairs
ntlicersmay rcmoxr or storeall property remaining in the dw-elling that don't prevent ynu Iroin ,sx upving the dxxcilcig.
or in nutside areas (including any vehicles vou or any occupant or Il there is a delay an.: we baxen't gwen notice of delay as set forth
guesl oxvns or u-.es) il you are judicially evicted or if you surrender imiuediatelv below, yon may teiniinate up to the date w-iicn Ihe
or abandon the dwelling (..V ,l.7'ui?i,.iis in /iinay?rt/,/j -!2j. dwelling is ready tor occupancy, hut not later
Storage. We will slore propertv removed under a coiuraclual 11! If we give written nolice to any .if you when ...after the Lease
lien. We may, bul have no duty lo, slore pioperly removed afler Conlracl begins—and Ihe notice states that occupancy has
judicial exiction. sur.ender, or ahuiidiniment ol the dwelling. We're been delayed because ot . .instruction or a previous resident's
not liable lo; casually loss, damage, or theft except to. property holding, and that thcdwclli x:l) In .ly on a specific
remoxed under a ii.nti actual hen Vim must pay reasonable dale—you max. terminate Ihe I easeCunttacl wilhin .1 days of
chargesI'orou rpacking,reinnx ing,storing,and sellingatiyptopcrtv. your leceiving the notice, hut not fater
We have a lien on nil properly removed and stored alter surrender,
ubamtuninenl, or )udictal eviction for all sums vou owe. will: oni'
(2) Ifwegiie written"Olirelo anyof you beforetheellectixeLease
Contruc! date and the notice stales thai , on~ttuciioii delay is
exception-dm lien on propertv listed under Propertv Code Section expected andthatthedwelling will beready for youtooccupy
ST ll.|2 is hniited lo .h.uges loi packing, ii-inoyiug. and storing on a specific date, you may terminate the LeaseC ontracl within
Redemption. IIwe' i e sei/ed .lintsloied propertv under acontractu,!I 7 days afler any of you receives cxrillei: notice, bul not later.
lien lor rent us uutlion/ed by the Property (ode. you may redeem Ihe readiness dali is considered '.he new eftechve Lease
the properly by paving all delinquent rent due at the time ol seizure. Contract date 'or all purposes. Ibis new dale may not be
Hut if notice ol sale Iset forlll as t.illoyvslis given before vou sock moved lo an ea-lier dale unless xxv and yon agree.
redemption, yon may redeem. mix by paying the delinquent rent and 17. DISCLOSURE RIGHTS. II someone requests intorinalion on vou
reasonable charges lot packing, lemming, and storing If we'ye or your rental history for law-enforcement,gex-erilinental.n: business
removed .\iu\ sloied properly after surrender, abandonment, xii purposes, we may provide it At our tec|uest. any utility provider
ludicialexiction,you may redeem only by paying all sums you owe, may lurnish us inform.ilion about pending oi ai tiial conni-crioils or
including rent, laleihaiges, relelllng charges, storage, damages, ch disconnections ol utility serxi.e lo youi ilweliine
While You're Living in the Dwelling
18. POLICIES OR RULES. You and al! gnosis and occupanls must porches; (21 the ondi.d o: liiiniture moxois.ird delivery persons;
, .imply Witt: any xx nllen rules an.! policies including instructions for and l l| activitu in outside areas.
cure oloiir propoily Our rules are , i.iisiclered part ol this contract
We may make- leasonable , hanges to yyritten rules, etfectlv, Wvm.ix exclude from live properly guests.,: others who inoitijudgment,
immediately upon then distribution to you. These changes must not have been violating the law. violatingIbis I ease l.ontrait or anv ol our
.lunge any dollar .minimis on page I ol this Lease Conlracl Vou rules, or distuibing otl.ei persons, neighbois, visitors, or ownei
must comply with any subdivision or deed restrictions that apply. represenlatixes. We mayalsoexclude lioiuany outsideareaa person
who relusesto show photo idetitilication oi ictuses to identity llimsell
IV. LIMITATIONS ON CONDUC'I Ihe dwelling and other areas or herself as a resident, occupant, or guestol a s|ieiilk resident
reserved lor your private use must be kept clean hash must he- •lou will notify us withm II days it you or any occupants a:e
disposed ol al least weekly in appropriate receptaclesin accordance c.invicred of any felony, or misdemeanor involving a controlled,
yvith localordinal ices I'.issagewaysniayTx- used only forentiy oi exit. substance, violence toanother person ordestruction ofproperly You
Any siviiuming pools, spas.sio.eos-.nis.andsiiiiilarareas must be used alsoagree lo notify us witlnn ISdays il you or anyon upants registe:
withcareina,, orclulh e withour iilk-sandpostedsigns.Classcontanleis .;» a sex olleilcler ill any stale. Informing us ot criminal convictions
are prohibited itior nc.M- pools Yon, youi occupants, or guests may- orsexotlenderiegistry dices, :„twaiyeany lighl,yve have against vou.
not anywhere in Ihe dwelling or outside areas Use candles or
kerosene lampsor heaters withoutour prim- xvrillen approxai, or 20. PROHIBITED CONDUCT. You andcur ixcupants or guests may
solicit business or conliibutioos Conducling any kind of business notengagein llv following achy ities: criminal conduct; behaving ina
(in.hiding child care .serxi.es) in your dwelling is prohibited— loud oi-obnoxiousmanner;dlslurbingor threatening Iherights.comtort,
except thatany lawlulbusiness ennducied -at home''by computer, health, safety, or convenience of others [including our agents and
mail, or telephone is peimissible il customers, clienls, patients or employees) inor nearthedwelling: disrupting ourbusiness operations,
other business assniiaies donot come toy,,u. dwelling for business manufacturing, delivering, or possessing a , ntv.iolle.l substance or
drugp.uapheriialia; engaging in or Ihrealcning violence possessing
purposes. We may legulale (l)the use ol patios, bale-on:, s. and
UlSllilMl.l. I.I 1 21111, 11 II Nl Ac , 1~'
a weapon proliihivd by state law, cliscli.uving .: lirearm ic the 3>(o
dweilmg;LMbptoyingorpossessingagun.V -olher weapon mornear Crime or Enu y. Dial 911 or immedialely cilt local medi.vi'.
the dwelling ina way that may alarm oth. .ioriiig anything inclosets emergency, fire, 1Kepeisoiuieliucaseofaccide!it,hi'e,smoke,suspected
having gas appliances; tampering with utilities or telecommunications; criminal activity, orotheremergency involving imminent harm. You should
bringing hazardousmaterialsintothedwelling;using windows for entry diencontactoLiTiepresentauve.Youwon'ttreataiiyofourseciLritymeasuiesa^
orexit;heatingthedwellingwithagas-opera tedcookingstoveoroven•or anexpress orimplied wananty ofsecurity, orasaguarantee against crime or
injuringourreputationby making bod faidiallegationsagainst ustoothers. ofreduced riskofcrime. Unless otherwise provided bylaw,we'renotliable to
you orany guestsoroccupants for injury, damage, orloss topersonorproperb,
21. PARKING. Wem.iyregulatedieniuejTianner,(indpIaceofpai'kiiigaHcai-s, caused bycriminalconduct ofother persons, inclndingmeft,hui-glary,assa\:|t
lim'Kmutorwdes,b)cycte,bc^ vandalism, orothercrimes. Even ifpreviously piu\ided, we're notobligated
ormotorized bikes may notbeparked inside a dwelling oronsidewalks. tolxiniisiisecurity-perwr,nel/patrols,lighting/gatesorfeiKes,t»i\>thert(>nnsor
We may have unauthorized orillegally parked vehicles towed orbooted seciuityiu\iessreqLuredbystaliite,We'rencHit«prtloiuirrepresentati\eaiHllotheapp
(3) lakes upmore thanonepnrking space, itthedwelling complex has Youalso must furnish us with the law-enlitrcemenlagency's incident repott
more than one living unit number upon request.
(4) belongs toaresident oroccupant whohassurrendered orabandoned CONDITION OFTHEPREMISES AND ALTERATIONS. Yiui accept tly
the dwelling dwelling, fixtures, and furniture asis,except for conditions material'",
(5) blocks another vehicle from exiting affecting; thehealthorsafety otordinary persons. Wedisclaim norinspeclionsticker,andwegive you
atleast 10daysnotice thatthevehicle willbetowed ifnotremoved. Youmust usecustomarydiligence- in maintaining thedwellingand not
damagingorlittering theoutside areas. Unless authorised bystatulenrbv
22. RELEASCOFRESIDENT. Unlessyou'reentilledtoterminatethisLease us in writing,you must not perform any repairs, painting, wallpapering,
Contract under paragraphs10,16,23.3 Uir37,ynuwon tbereleased from carpeting, electrical changes, orotherwise alter ourproperty. Noholcscr
thisLease Contract foranyreason—inrludingbutnotlimited lovoluntary stickersarcallowedinsideornutside thodwelling.We'llpennitaieasonable
orinvoluntary school withdrawal ortransfer, voluntary orinvoluntary job number of small nail holes for hanging pictures on sheetrock walls and
transfer, marriage, separation, divorce, reconciliation, lossofco-residents, grooves ofwood-paneled walls, unlessour rulesstateotherwise.No wattr
loss ofemployment, badhealth, death, orproperty purchase. You may also furniture,extraphoneor television outlets, alatmsystems, or lock change -,
have the right under Texaslaw to terminatethe LeaseContract in certain additions,or rekeyirg it- permitted unless allowed by statute or we've
situations involvingfamily violence orsexualassault. consented inwriting.You mayinstallasatellitedishoi antennaprovided
DeathcifSole Resident. Ifyou arethe soleresident and die during ihe vousignoursalellitedishorantenna ieasoaddendum which complies with
Lea^CtMitractlenn,the Lea^Conti-actmaybe terniinated without penalty reasonable restrictions allowed by federal law. You agree not to alter,
byanaitlhiw-edrepresentative, ofyourestatewithatleast30days written damage, or remove our property, including alaim systems, detection
notice. Yourestatewilllieliableforpaymentof rent until the latterof: (1) devices, furniture, telephone and televisionwiring, screens, locks,arid
the termination date, or (2) until all possessions in the apartment are securitydevices. Whenvoumovein,we'llsupply lightbulbsforfixtures
removed. Your estate willalso be liable for all charges and damages to the wefurnish,includingextenor fixtures operatedfrominsidethedwelling;
apartmentuntilit isvacated, and any removal and storagecosls. afterthat, you'll replacethemat yourexpensewithbulbso! thesame type
and wattage.Your improvements to the dwelling (whether or not we
23. MILITARY PERSONNEL CLAUSE. You may have the right under consent) become ours unless we agree otherwise in writing.
Texas law to terminate the Lease Contract in certain situations involving
militarydeploymentor transfer.YoumayterminatetheLeaseContract We are committed lo the principles of lair housing. In accordance wilh
if you enlist or are drafted or commissioned in the U.S. Armed borces. fairhousing laws,wewillmakereasonableaccommodatioi islooui rule>,
Youalso may terminate the LeaseContract if: policies, praefcicesor services,and /or willallowreasonable modifica::ons
(1) youare(i)amember oftheU.S ArmedForces orreserves onactive under such laws togive persons with disabilitiesaccesstoand useoflb ^
duty or (ii)a memberof the NationalGuard called to activeduty dwelling. We may require you to sign an addendum regarding the
formorethan30days in responsetoa nationalemergencydeclared approv.nl and impleir.ent.it ionofsuchaccommodations ormud:heation-;,
as well as rest out tion obligations, il any.
by the President; mid
(2) you sioi\(>vernowLiigse\yage,iincontnil'.!bterL:nning\\,aur,
housingdoesn't constitutea permanentchange-of-station order. After electrical shorts, cnine in progress, or fair housing accommodatior. or
yoLinnoveout. we'llreturnyonrsecutitydeposit,lesslawfuldeductions. modification) Our written notes on vour oral request do not constitute a
Forthe purposesofthisLeaseContract,orders describedin (2)abovewill written request from vou.
only release the resident who qualifies under (1) and (2) above and
receives the orders during the Lease Contract term and such residen t's Our complying with or responding toar.yoial request regarding seci;riiy
or non-security matters doesn't waive the strict requirement forwritten
spouse or legaldependents living in the resident's household, Aco
resident who is not your spouse oi dependent cannot terminate under notices under this Lease Contract. You must promptly not ily us in writing
of.water leaks;mold;electricalproblems,maltunctioninglights;broken 11,
this military clause. Unless you state otherwise in paragraph 10,you
represent whensigning thisLease Contractthat:(1) youdonotalready missingUvrksorlatche.sand otherconditionsthatposea hazard top: opertv,
have deployment or change-of-station orders; (2)you will not be retiring health,o; safety. We mavchangeor install utilitvlinesorequipment seiving
from the military during the LeaseContract term;and (3)the term ofyour thedw-elliiigifthewoikisdc*nei'eap<)nablvwithoutsubstantial!yLncreasiiig
enlistment or obligation will not end before the LeaseContract termends. vour utilitv costs. We m.iv turn off equipment and interrupt utilities ,is
Liquidated damages foi making a false iepresenlation of theabove will needed loavoid proport\ damage or lo perform work. Ifutilitiesinalfunc-tio:-,
be the amount of unpaid rent for the remainder of the lease term when or are damaged bv fire, water, or similar cause, you must norl.y us
immediately. Aircondition ingproblems arenormally notemergencies. It
and ifyou moveout, less renls fromothers receivedin mitigation under
paragraph 32 Youmust immediately notify us ifyou arecalled to active nirconditioningorotherequipmentmailum. lions,voumustnotifyusassoon
duty or receive deployment or permanent change-of-station orders. as possible on a business day We'llact with customary diligence to make
repaireandt^econnections,taldjigmtoconsidiM\itio!iwhencasualr\'insur,uiJt'
24. RESIDENTSAFETY AND LOSS. You and aUoccupanlsand guests must proceeds are received. Kentwill not abate m whole or in part
exercisedue care for your own and others'safely and security, especially If wo believe that fire or catastrophic damage is substantial, or thai
in the use of smoke alannsandotherdetection devices, door and window
pertormanceofneededrepairsposesadangertoyon,wemaytermina'.tti is
locks,and othersafety orsecurity devices. Youagree to make every effort Lease Contract bv giving you at least? days written notice We may also
to follow the Security Guidelines on page?. Window screens are not Jor removepersonal propertv ifilcauses a health or safely hazard. Ifthe Lease
security or keeping people from falling out. Con tract isso termina ted, we'll refund prorated rent and all deposits '.ess
Alarms and Detection Devices. We'll furnish smoke alarms or other lawful deductions.
detection devices required by statute, and we'll test them and provide Repairs and Service Calls. We will pay for lepaiis ot conditions that
workingbatteries when vou firsttake possession.Afterthat,you must pay materiallyaffectthe healthor satetyot an oniinarv resident (i.e dangerous
forand replacebalteitesas needed, unless the law provides otherwise. We or hazardous conditions). Otherwise, vou'J lx*responsible tor the first
may replacedead or missing batteries at your expense, without prior notice 5-— \3 *~ of anv iepa ivo r se ivice call.
to you. Youmust immediately report alarm or detector maIfunctions to us.
Npithpr ynn nor othprsmny disable alarms or detectors. Ituou danitlpc or Yard Maintenance, Unless weexpi essly assume the responsibility be;oA,
disable tilesmoke alarm oi icmoivakitlay without replacing itwith mvoi-kiny you must pav tor yard maintenance and yird po^tcontrol.
battery, youmaybeliable tousunder Section 92.2611 oftheProperty Codefor "(l)Whowill keep the lawn mowed .md edged, and maintain all p..inis.
$WU plusonemonth's rent, actual dniiuivt'S.aml attorney'sfees.Youaiso will trees, shrubs, etc.7 fponu or O Us ,
be liable to us and others if you fail to report malfunctions, or any loss, (2)Who will water the lawn and other vegetation.1 WYou oi G Us
da mage, or finesresultingfrnm fire,«moke.or water. Upon,request, we will (3)VVliowillkwpfhelavvn,flowenb^ds,sidevvaiks,piirches,anddrivew.n^
[irovide.asr^iiiretibylaw.asmokealamicapabieofalerhngapei^jnwith free of tiash and debris? a You or ~S I's
a hearing-impairment disability. (4) Who is obligated to fertilize lawn and plants?
• You D Us or GJ'Neither
Loss. We're not liable loany ivsident.guest.or occupant for personal injury
You must promptly report infestations oi living vegetation tons. Yu:
ordamage or lossof personal property or business or personal income from mav not modify the existing landscape, change any plants, oi plant ,i
anycauseincludingbutnot limitedto fire,smoke,ram,flood,waterleaks, garden without our prior written approval
hail, ice. snow, lightning, wind, explosions, interruption of utilities, pipe
leaks, theft,negligent or intentional actsol residents, orcupanls, or guests, Interior Pest Control and Trash Receptacles. Unless paragraph lOs.^ys
or vandalism unless otherwise required bv law. We have no duty to otherwise, we'll arrange and pav tor extermination services for uJpeMs
remove anv ice,sleet, or snow bul may remove any amount with or without within the dwelling, as needed in our reasonable judgment.
not ice.Unless we instruct otherwise, you must—for 24hoursa day during ll)Who will hut iallv pay for outside trasla receptacles for your um"'
freezing weather—(1) keep the dwelling heated to at least o0 degrees; OYou DUs D City Utility oi J?K)ther
(2) keep cabinet and closet doors open,.mil (3) drip hot and cold water (2)It we pay for trash receptacles initially, who must repair o; replncc
faucets You'll be liable for damage toour and others'property if damage them if they're brokenormissing1 *1 You or H Us M/1/^
iscaused by broken water pipes due to your violating these requirements.
Youi Initials: , Initials or Our Rltrescnt avivi Residential Lease Com kali ; Atartment AssnciAiioN, 1m J1
37
Trash receptacles must he kepi dosed. ,m„ | c-nmph will, loial
ordinances regarding trash disposal We may designate which hash lopla. etnent-.i ling lepairuriefurhishingcosts pertornungpesl
recepl.u les will he sloied on Ihe premises,111,1 where lliey'l]Iv conlrol; doing preventive maintenance, checking tor water leaks
changing filler,, icsiing or replacing .Icicchun or alarm devices 01
ANIMALS. Mouuiniiit-. tin. /ui/eie wmmiiai.. i.yuh*. InJ* ti-h. msIci.'s ,1 to, lipment, or appliances,
miiiliilmii\uii.elini.ts. unit i,i>ret.)in, .llloavj, c:v,i tciuyoiiinh'/. .nm.'lriciil lilies, e. ercising our c nntiactual
lien; leaving
ik-itm-llm;;, ponl,,* ;»,I/,n. M,™,,-,. ,., „,„,(,• „„',,.„ ,„•',,• ,,, „„//„,„•.,.,, ,„ ik-tKes, deliiene.g, installing, rc-connecting, orreplacing appliance,
ii'iilm^. [fweallow ananimal, vi111 mustsignaseparate animal.id.lend i;m luriiiture, equipment, or security devices, removing or rekeying
andpayananimal deposit. An animal deposit isconsidered a genera] unaulhnn^ls*airir)cfcvices;annovmgiinauthorizedv™dowcoverings;
security deposit. We willnitthori/ea support animal foi adisabled person stopping excessive noise; removing lieallh orsafety hazards (including
hut will nntrequire aniinima) deposit. VVomay reijllii cm written statement hazardous materials), oritems prohibiled underourrules; removing
Irnni a qualified professional verifying theneed torthesupport animal. peiishable foodstuffs ifyour electricity isdisconnected; removing
Yonmust not f.vd stray or wild animals or allow unauthorized animals unauthorized animals; disconnecting utilities involving bona fide
tohetied 10 anypinch, tree, orolher object onihe premises atany time. repairs, emergencies or construction; retrieving property owned or
Ifyouorany guesloi occupantviolatesanimalrestrictions(withor withoul leased by former residents; inspecting when immediate danger to
your knowledge), you'll tie suhje-rt to charges, damages,c\ iction, and personor property isreasonablysuspected;allowing personstoenter
other remedies provided in this I.ease Contract. Ifan animal has been in asyouautlrarizedinyourrentalapplicahon(ifyoudie,areincarcerated,
thedwelling at anvtimeduringyourterm ofoccupancy iv,ilhor without etc.); allowing entry bya law officer with asearch orarrest warrant!
ourconsent), we'll charge youforallcleaning and repair crisis, including or in hotpursuit; showing dwelling toprospective residents (after
defleaing, deodorizing, andshampooing. Initial and daily animal violation move-out orvacate notice hasbeen given); orshowing thedwelling
charges andanimal-removal charges areliquidated damagesfoiour time, togovernment representatives for thelimitedpurposeofdetermining
inconvenience, and overhead (except roi attorney's fees and litigahon housing and fire ordinance compliance, and tolenders, appraisers,
costs) in enforcing animal restrictions and rules We may remove an contractors, prospective buyers, or insurance agents.
unaiilhori/eclanimal by(I)leaving, inaconspiciiousplace in'lhe dwelling, MULTIPLE RESIDENTSOROCCUPANTS.Eachresidentisjointlyand
a 24-hour written notice otintent toremove theanimal, and12} following severally liable for all Lease Contract obligations. Ifyou orany guest or
Iheprocednresof paragraph 1H. Wemaykeepor kennel theannual01turn occupantviolatestheLeaseContractormles,allresidemsareconsideredto
itoverloa humane society or local authority. When keeping or kenneling have violated Ihe Lease Contract. Our requests and notices (including sale
an animal, we ivon'l Iv liablelor loss,harm, sickness. 01death of the animal notices) toany resident constitute notice toall residents and occupants.
unless duetoournegligence. We'll return llie animal tovou upon request ilit Notices andrequests fromanyresident oroccupant constitute notice from
hasnolalready been luriiedoverloahumane.society orlocalaulhurit\. Vou all residents. Your notice of LeaseContract termination may only be given
mustpaytortheanimars reasnnablecareand kenneling charges Weh.nr by residents. Ineviction suits, each resident isconsidered the agent ofall
no lien on the animal tor any pinpose other residents in thedwelling for service ofprocess. Any resident who
WHEN WE MAY ENTER. Ilvou 01 anvguest ororcupanl isp,™ m,then defaults under this Uase Contract will indemnify the non-defaulting
repairers.servicers.contraclor.s oiirrepreseni.itiee^, oroil-eroer^nyli, 1.1
residents and their guarantors
l"1"1"1""' I""I rlI'll' eoler Ihe dwoiUnggj reasonable limes l,,r>ll„, Security deposit refund check and anydeduction itemizations will beby: (check
purposes listed in12) Ivloiv II nobody isinthcclwclling-,!rvn~s'uc-ri pcr-jms ,'iuI: a one checkjointly payable to all residents and mailed to anv one
may enlei peacefullyand at reasonable limes In duplicate or master key resident wechoose, OR . \I j
(or by breaking .1w mdoic or ollic-r means when neccs-ai VIit 3one check payable and mailed to l-OO |sgi»J|:Tl-'~i
(1) written notireol Ihe entry is jett ill nnspicuous place ir.thedwelling . {specifynameofone resident).
immediately alter the entry; and Ifneither ischecked, then the refund will be made in one check jointly
(2) entry is for: responding to your request; making repai payable to nil residents.
Replacements
REPLACEMENTS AND SUBLETTING. Replacing a resident, Procedures forReplacement, lfweapproveareplacementresident, then,
subletting, orassignment isallowed 011/1/ when we consent in uniting. If at our option: (l)the replacement resident must sign this Lease
departing orremaining residents find a replacement resident acceptable 1iinfract with orwithout anincrease inthetotalsecurity deposit; or(2) the
tous before moving out and weexpressly consent to thereplacement, remaining and replacement residents must sign an entirely new Lease
subletting, or assignment, then: Contract. Unless we agree otherwise inwriting, your security deposit will
(1) a reletting charge 11'/// «iit be due; automatically transfer to the replacement resident as of the date we
(2) a reasonable administrative (paperwork)fee mill be due, and a approve. The departing resident will no longer have aright looccupancy
rekeying feewill be due if rekeying is requested or required; and or a security-deposit refund, but will remain liable for the remainder of
(3) thedepartingandremainingresidentsiiiitfremainiiableforallLease flit- original Lease Contract term unless we agree otherwise in writing-
Contractobligationsforthe restof the originalLeaseContractterm. even if a new Lease Contractis signed.
Responsibilities of Owner and Resident
31. RESPONSIBILITIESOFOWNER. We'llaclwithcustomarydiligenceto: nolice to vacate or filing aneviction suit,wemaystillaccept rentor other
(1) maintain fixtures, hot water, heating, and A/C equipment; sums due; the filing oracceptance doesn't waive ordiminish our right of
(2) substantially comply with all applicable laws regarding safety, eviition.oranyothercontractualorstatutorv right. Accepting money atany
sanitation, and fair housing; and
(3) make all reasonable repairs, subject to paragraph 26 and your time doesn'twaive ourrighttodamages; pastorfuture rent.orothersums;
or tocontinuewith evictionproceedings.
obligation to pay fordamagesfor whichyou are liable
Acceleration. Allmonthly renl for the rest of the LeaseContractterm or
If we violate anv of Iheabove, yon maypossibly terminate this Iwc.
Contract andexercise other remedies underTexas Property Code Section lenewal period will beacceleratedautomaticallywilhoutnoticeordemand
92.0.56 bv following this procedure (before orafler acceleration) and willbe immediately due and delinquent
it. without ourwritten consent: (1) you move out, remove property in
(a) all rentmustbecurrentand you must make awritten request for repair preparingtomoveout.orgiveoralorwrittennodcefbyyouoranyocciipant)
or remedy of Ihe condition—after which we'll havea reasonable time
for repair or remedy; ot;ntent tomove outbefore theLeaseContract term orrenewal period ends;
.nut (2) you've notpaidallrentfor theentire Lease Contract term orrenewal
(b) ifwefail todoso, you mustmakeasecond written requestfortherepair period. Suchconduct isconsideredadefaultforwhich weneed notgiveyou
or remedy (to make sure that there has been no miscommunication notice. Remaining rent also will beaccelerated ifyou're judicially evicted
between us)—after which we'll have areasonable time for the repair or moveout whenwedemandbecause you'vedefaulted. Acceleration is
or remedy; and subjectto our mitigationobligationsbelow.
(c) if the repair or remedystill hasn't been accomplished within that
reasonable timeperiod,youmay immediately terminate this Lease Holdover. You oranyoccupant,invitee,orguestmust not holdoverbeyond
Contract bygiving usafinal written notice. You alsnmayexerrispnther thedatecontained inyourmove-outnoticeorournotice tovacateforbeyond
statutory remedies, including those under Texas Property Code adifferent move-out date agreed tobytheparties inwriting). Ifaholdover
Section 92 llrV.1 occurs, then: (1) holdover rent isdue inadvance onadaily basis and may
becomedelinquent without noticeor demand; (2)rent for the holdover
Instead ofRiving thetwowritten requests referred toabove, youmay give period will beincreased by25% over thethen-existing rent, without notice;
usonerequest bycertified mail, returnreceipt requested, orbyregistered 13) you'llbeliable tous(subject toourmitigation duties) forallrentforthe
mail—after which we will havea reasonable limefor repairor remedy. miltermofthepreviously signedLeaseContractof anewresidentwhocan't
"Reasonable time" takes into account thenature of theproblem and the .x-ciipy because oftheholdover; and (4) atouroption, wemay extend the
reasonable availability of materials, labor, and utilities. Your rent must be I easeContractterm—for up toone monthfromthedate of noticeof Lease
current at thetimeofanyrequest. We will refund security deposits and (onlract extension—by delivering written notice toyou oryour dwelling
prorated rent as required by law. while you continue to hold over.
32. DEFAULT BYRESIDENT. You'll beindefaultif: (1 jyou don'tpay rent Other Remedies. We may report unpaid amounts tocredit agencies. If
orother amounts thatyouoweontime; (2) youoranyguestoroccupant vou default andmove outearly, youwillpayusanyamounts stated tobe
violatesthis I-easeContract,our rules, or fire,safety,health, or criminal reolaldiscountsor concessions agreedto in writing,in additiontoother
laws, regardless ofwhether orwhere arrest orconviction occurs, (31 you sums due. Upon your default, we haveall other legal remedies, including
abandon the dwelling; (4)you give incorrecl or false answers in a rental i-e.tse Contract termination andstatutory lockout underSection 92.0081,
application; (5)you or any occupant is arrested, charged, detained, lexas Properly Code, except as lockouts and liens areprnhihil.it hy
convicted, or given deferred adjudication or pretrial diversion for (i) a Seel ion 2306,6736. Texas Govemmi-nt Cod, for owners supported hy
felony offense involving actual orpotential physical harmtoa person, or hnusingtaxcredilallnraiinns Aprevailing party mayrecover reasonable
involving possession, manufacture, or delivery of a controlled substance, attorney'sfeesandallother litigation costs from the non-prevailing parties,
marihuana, or drug paraphernalia as defined in ihe Texas Controlled excepta party may not recover attorney's fees and litigahoncosts in
Substances Act, or (ii)any sex-related crime,includinga misdemeanor; connection witha party'sclaims seeking personal injury, sentimental,
(6) any illegal drugs orparaphernalia arefound inyour dwelling; or(7) exemplary or punitive damages We may recover attorneys' fees in
youoranyoccupant, inbadfaith, makesaninvalidhabitability complaint connection with enforcingour rights under this Lease Contract. You agree
toan official oremployee ofa utility company or thegovernment. that latechargesare liquidated damagesand a reasonable estimateof
Eviction, tfyoudefaidtoi linldnuer.uf mnytnd i/ollr right ofoccupilucyliy$10111$ su, hdamagesforourtime,tnconvenience.andoverheadassociated with
you a24-hour written notice lovacate. Notice may beby: (11 regular mail. roNectinglate rent (butare not for attorney's fees and litigationcosts). All
(2) certified mail, return receipt requested; (3) personal delivery to anv unpaid amounts you owe, including judgments, hear 18% interest per
resident;(4)personaldelivery atthedweiling toanyoccupant over 16years year Irom duedate, compounded annually. You mustpayall collection-
old; or(5) affixing thenotice totheinside ofthedwelling's main entry door. agency fees ifyou fail topay allsums duewithin 10 days after wemail
Notice bymailonlywillbeconsidered delivered ontheearlierof:(1)actual you aletter demanding payment and stating that collection agency fees
delivery, or(2) three days (nol counting Sundays orfederal holidays) after will beaddedif youdon't pay allsumsby that deadline.
the notice isdeposited intheUS Postal Service with postage. Termination Mitigation of Damages, [fyou move out early, you'll be subject to
ofyourpossession rights orsubsequent reletting doesn't release youfrom paragraph 11 and all other remedies We'll exercise customary diligence to
liability for furure renl orother Lease Contract obligations After giving
Kr.sintNTiAL LiAve Conikact © 2011, Texas Ar.inniNT Association, l~c.
relet and minimize damages. We'll credit all subsequent rentthat we
.•dually receive from replacement orsubsequent residents against your
hah lity forpast-dueand future rentand othersums due Page 4or6 3
Geneia) Clauses
MISCELLANEOUS. Neither ivc nor any ofour representatives have Utilities may beused only for normal household purposes andmust
made any oral promises, representations, or agreements. This lease not be wasted. If your electricity is ever interrupted, you must use
Contract is the entire agreement between you and us. Our representatives only battery-operated lighting
(including management personnel, employees, and agents! have no
authority to waive, amend, or terminate this Lease Contract or any part PAYMENTS. Payment of all sums is an independent covenant.
ofit.unless in writing, and no authority lomake promises, representations, At our option and without notice, we may apply money received
oragreements that impose security duties orother obligations onusorour (other than sale proceeds under paragraph 13 or utility payments
representatives unless in writing. No action oromission by uswill be subject to government regulation) first to any of your unpaid
considered a waiver of our rights or of any subsequent violation, obligations, then tocurrent rent—regardless ofnolalions onchecks
default, or time or place of performance. Our not enforcing or or money orders and regardless ofwhen theobligations arose. All
belatedly enforcing written-notice requirements, rental due date1;, sums otlier than rent are due upon our demand. Afterthe due date.
acceleration, liens, or other rights isn't a waiver under any we i]o not have to accept the rent or any other payments.
circumstances. Except whennotice or demandis- required by statute,
you waive any notice and demand for performance from us if you TAA MEMBERSHIP- Werepiesentthat,al the timeofsigningthis
default. Written notice to or from our managers constitutes notice to Lease Contract: ("I) we; (2) the management company that
or from us. Any person giving a notice under this Lease Contract represents us; or |3)any locator service that procured you is a
should retain acopy ofthe memo, letter, orfox that was given, aswell member in goodstanding ofboththeTexas Apartment Association
as any fax transmittal verification. Fax or electronic signatures are and the affiliated local apartment association foi the area where
binding. All notices must besigned Notices may notbegiven by email thedwelling islocated. Themember iseitheranowner/management
or other electronic transmission.
company niembei or an associate member doing business as a
locator service {whose name and address must be disclosed on
Exercising one remedy won't constitute anelection orwaiver ofother page 6). It not, the following applies ft) this Lease Contract is
remedies. Insurance subrogation iswaived byallparties. AI! remedies voidable at your option and is unenforceable by us (except for
are cumulative. No employee, agent, or management company is property damages); and(2) wemav notrecover past orfuture rent
personally liable for any of our contractual, statutory, or other or other charges. The above remedies also apply if both of the
obligations merely by virtue of acting on our behalf. This Lease following occur: (1) the Lease Contract is automatically renewed
Contract binds subsequent owners. Neither an invalid clause nor on a rnonth-to-month basis two or more times after membership
theomissionof initialson any page invalidatesthis LeaseContract. in TAA and the local association has lapsed; and (2) neither the
Allnoticesand documents may be in Englishand, at our option, in ownernor the management companyis a member of TAA and the
any language that you read or'speak All provisions regarding our local association at the time of the third automatic renewal. A
non-liability and non-duty apply to our employees, agents, and signed affidavit from the local affiliated apartment association
management companies. This Lease Contract is subordinate to which attests to non-membership when the Lease Contract or
existing and future recorded mortgages, unless theowner's lender renewal wassigned will beconclusive evidenc^f non membership.
chooses otherwise. All Lease Contract obligations must be Governmental entities may use T./w\ kmaaoif TAA agrees in
performed in the county where the dwelling is located. writing. ,^5 -C"
Wp may deactivate or not install keyless boltingdevices on your
doors if: (1) youoran.qgupaat inthedwelling isover 55 ordisabled,
and (2) the requirements nf Sectiun 92.153(e) ur ff>, TexasProRefly
-' O t
Code are satisfied
Security Guidelines for Residents m
SECURITY GUIDELINES. We care about your safety and that • Check the door viewer before a*\f$eiing fig door. Don t open
of otheroccupants and guests. Nosecurity system isfailsafe. Even the door if you don't know tftt^erson cfr have any doubts.
the best system can't prevent crime. Always act as if security Children who are old enough ft? £jjte airejnf themselves should
systems don'texistsince theynre subject to malfunction, tampering;, never let anyone inside when home witiAmr an adult.
and human error. We disclaim any express or implied warranties • Regularly checkvour securitydevices, smokealarms and other
of security. Tfie best safety measures are the ones you perform as detection devices to make sure they are working proper!v.
a matter of common sense and habit. Alarm and detection device batteries should be tested monthly
and replaced at least twice a year.
Informall other occupantsin yourdwelling,includingany children • Immediately report in writing (dated and signed) to us any
you may have, about these guidelines. We recommend that all needed repairs of security devices, doors, windows., smoke
residents and occupants use common sense and follow crime alarms and other detection devices, as well as any other
prevention tips, such as those listed below: malfunctioning safety devices on the property, such a> broken
• In case of emergency, call 911. Always report emergencies to access gates, burned out exterior lights, etc.
authorities first and then contact the management. • If your doors or windows are not secure due lo a malfunction
• Report anysuspicious activity to the police first,and then follow or break-in, stay with a friend or neighbor until the problem is
up with a written notice to us. fixed.
• Knowyour neighbors. Watchingout for each other is one of the • When you leave home, makesure someone knows where you're
best defenses against crime going and when you plan to be back.
• Always be aware of your surroundings and avoid areas that are • Lock your doors and leave a radio or TV playing softly while
not well-traveled or well-lit. vou're gone. Closecurtains,blindsand windowshadesat night.
• Keepyour keys handy at all times when walking to your car or • While gone tor an extended period, secure your home and use
home.
lamp timers. Also stop all deliveries (such as newspaper and
mail) or have these items picked up daily by a tnend
• Donotgoinsideifyouarrivehomeand findyourdooropen.Call
the policefromanother locationand ask them to meet you before • Know at least two exit routes from your home, it possible.
entering. • Don't give entry keys, codes or gate access cards to anyone.
• Make sure door locks, window latches and sliding glass doors • Always lockthe doorson your cm,even whiledriving, lake the
are properly secured at all times. keys and remove or hide any valuables. Park your vehicle in a
• Use the keyless deadbolt in your dwelling when you are at home. well-lit area,
• Don't put yournameoraddresson yourkeyringor hideextrakeys • Check the backseat before getting into youi car. Be careful
in obvious places, likeundera flower pot.If you losea keyor have shipping at gas stations or automatic-tellermachinesat night
concernsabout key safety,we will rekey your locksal your expense, or anytime when you suspect danger.
in accordance with paragraph v of the Lease Contract. There are many other crime prevention tips readily available from
police departments and others.
When Moving Out I
57. MOVE-OUT NOTICE. Before moving out, vou must give our • Your move-out notice must be in writing. Oral move-out not.ee
representative advance written move-out notice as provided below. will not be accepted and will not terminate your LeaseContract.
Your move-out notice will not release you from liability for the full • Your move-out notice must not terminate the Lease Contr.ict
term of the Lease Contract or renewal term You will still be liable for sooner than t'heend of the LeaseContract termor renewal period.
the entire Lease Contract term if you move out early (paragraph 22)
except under paragraphs tO, 16, 22, 23 or 31). YOUR MOVE-OUT • if we require you to give us more than 30 days written notice to
NOTICE MUST COMPLY WITH EACH OF THE FOLLOWING: move out before the end ot the Lease Contract term, we will give
vou a written reminder not less than 5 days nor more than ^0 days
• We must receive advance written notice of you].-move-out date. before your deadline for giving us \ our written move-out notice
Tiie advance notice must be at least the number of day; of notice If we fail to provide a reminder notke. 3Udays written not.ee to
required in paragraph 3 or in special provisions—even if the move-out is required.
Lease Contract has become a month-to-month lease. If a move-
out notice is received on the first, it will suffice for move-out on YOUR NOTICE IS NOT ACCEPTABLE IV11 DOGS NOT COMPLY
the last day of the month of intended move-out, provided that WITH ALL OF THE ABOVE. We recommend vou use our written
all other requirements below are met. move-out form to ensure you provide the information needed. >ou
must obtain from us written acknowledgment that we received your
• The move-out date in your notice {check one}: O must be the last move-out notice. If we terminate the Lease Contract, we must give
day of the month;or n may be the exactday designated in your
notice. If neither b checked. Ihe second applies.
Rcsideniiai Lf*se Conthact £> 2011, Trx\s Atarimenv AsmjUation, Inc.
vou Ihe same advance noLice--unless you are in default.
J2 P*GE 5 OF 6
3^
38. MOVE-OUT PROCEDURES. The move-oi.l dale can't bechanged government lees oi ,,i es agamsl n- for violation (hy you, your
unlessweand you bcilh agreein writing.You won't mrac out hetore nccupanK or guestsl ol local ordinances relating to alarms ami
Hie Lease Contractterm or renewal period eods links all rent tor detection deuces, raise alarms, lending, or other matters; late-
theentireLease Contract term orrenewal period ispaidin full Early pavmenIand returncil-check charges; achargemot loexceed J.I(10) for
move-out may result in reletting charges and acceleration ot future •mi tune and inconvenience m our lawful removal of an annual or in
rent under paragraphs 11 and 12. You're prohibited by law from anv vain! eviction proceeding against yon, plusattorney's tees, court
applying any security deposit to rent. You won't stav beyond the costs, and iiling fees aocuailv paid: and tube: sums cine under tln>
date you are supposed to move out. All residents, guests, and Lease Contract
occupants must surrender or abandon the dwelling before the 30-
dayperiod fordepositrefund liegins. You mustgiveus and theLI S. ~i ouTI be liable tous lor: (1, charges tor replacing all keys and
Postal Service, in writing, each resident's forwarding address access devices listed in paragraph ri if you fan to return them
on or hetore your actual move-out date, |2) accelerated rent ii
39. CLEANING. You must thoroughly clean the dwelling, including you have violated paragraph 32: and (•) a reletting lee it vol,
doors, windows, furniture, bathrooms, kitchen appliances, patios. have violated paragraph II.
balconies, garages, carports, and storage areas. You must "follow
move-out cleaning instructions if they have beenprovided. If you 42. DEPOSIT RETURN, SURRENDER, AND ABANDONMENT.
don't clean adequately, you'll be liable for reasonable cleaning Well mail you youi seruiitv deposit refund (less lawlul
charges—including charges forcleaning carpers, draperies, furniture, deductions) and an itemized accounting of anv deductions no later
walls, etc that aresoiled beyond normal wear(that is,wear orsoiling than 3(1 days after surrender or ab.indomvenl, unless statutes
that occurs without negligence, carelessness, accident, or abuse). provide otherwise
40. MOVE-OUT INSPECTION. You should meel with ourrepresentative You have moiciulcrcl the dwelling when: I".: Ihe move-out dale
fora move-out inspection. Our representative has no authority to liaspassedand noone is livingin thedwelling inour reasonable
bind or limit us regarding deductions for repairs, damages, or judgment; or (2) dwelling keys and ace,.,; devices lis'ed in
charges. Any statements or estimates bvusor our representative arc paragraph s have been turned in to us—whichever date occurs
subject to our correction, modification, or disapproval hetore final lilst
refunding or accounting
ion have ntWhloiicd the dwelling when all of the following have
41. SECURITY DEPOSIT DEDUCTIONS AND OTHER CHARGES. occurred (I) everyone appeals lo have moved out in our reasonable
You'll be liable for thefollowing charges, ifapplicable: unpaid rent: judgment; (21 clothes, lurniture, and persona] belongings have been
unpaid utilities; unreimbursed service charges; repairs or damages substantially removed in our reasonable judgment, (3)'you've been
caused by negligence, carelessness, accident, or abuse, including in delault for nonpayment of rent lor 5 consecutive days, or water,
stickers, scratches, tears, bums, stains, or unapproved holes; gas,or electricservu e lor the dwelling notconnected:n our name has
replacement cost of our property that was in or attached to the been terminated or transferred, and |4| you've not responded tor2
dwellingand is missing; replacingdead or missingalarm or detection days toournotice lelt on the inside ol the main entry door, staling
device batteries at any time, utilities tor repairs or cleaning; trips to thai we consider the dwelling abandoned A dwelling is also
let in company representatives to remove vour telephone,Internet,or "abandoned" It! days after Ihe death of a sole resident.
television services or rental items(if vou so request or have moved
out); trips toopen thedwelling when youor anvguest or occupant icier, abandonment, or judicial eviction ends ght of
is missinga key;unreturned keys:missingor burned-out lighl bulbs, possession lorallpurposes and gives us theimmediate right to clean
removing or rekeying una uthorized security devices oi alarm systems; up. make repairs in. and lelei Ihe dwelling; determine anv security
agreed reletting charges; packing, removing, or storing property deposit deductions; and remove property lelt in the dwelling
removed or stored under paragraph 13; removing or hootingillegally Surrender, abandonment, and judicial eviction altecl your rights
parked vehicles; false security-alarm charges unless due to our to property letl in Ihe dwelling (paiagraph :?i, but do not afted
negligence, animal-related charges under paragraphs 6 and 27; our mitigation obligations (paragraph 32).
Signatures, Originals and Attachments
ORIGINALS AND ATTACHMENTS. Tins I.easeContracthasbeeii
execuledin multipleoriginals,each with originalsignatures—onefor You are legally bound by this document.
you and one or more for us. Our rules and policies, if any, will be Please read it carefully.
attached to the Lease Contractand givento you at signing. When an
Inventoryand Condition formis completed,both you and we should Before submitting a rental application
retain a copy. The items checked below are attached to and become or signing a Lease Conlracl, you may take a copy
a part of tlu's LeaseContract and are binding even if not initialed or of these documents to review and/nr consult an attorney.
signed: Additional provisions or changes may be made
O Access Gate Addendum in the lease Contract if agreed lo in writing by all parlies.
G Additional Special Provisions
You are entitled lo receive an original of this Lease Contract
CI Allocation Addendum for: O electricity d water !~l gas after it is Jully signed. Keep it in a safe place.
• central system costs l"l trash/recycling O cable/satellite
D storm water /drainage -•ices/government tee
fl Animal Addendum
G Asbestos Addendum (if asbestos is present)
• Bed Hug Addendum * r*V.i„
'alt* .^t^ned
.,„.-..*
n Early Termination Addendum
n Enclosed Garage, Carport or Storage Unit Addendum
uVmventnry & Condition norm
Df.le signed
H Intrusion Alarm Addendum
D Lead Hazard Inhumation and Disclosure Addendum
• Lease Contract Guaranty ( guaranties, if more than one)
Date signed
D Legal Description of Dwelling (optional, if rentaltermlongerthan
one year)
f~l Military SCKA Addendum
D Mold Information and Prevention Addendum
CI Move-Out Cleaning Instructions
Oi^wforOwner's Representative tsjs;iint<* i
D Notice of Intent to Move Out Form
GTOwner's Rules or Policies
• Parking Permit or Sucker (quantity: )
O Rent Concession Addendum Address and phone number of ouwr's reprt^t'ut,ttioe far notice
purjroses
O Renter's or Liability Insurance Addendum
O Repair or Service Request Form
O Satellite Dish or Antenna Addendum .513. =-3-01- !.!H3 .
CI TCEQ Tenant Guide to Water Allocation
(73 Utility Submetering Addendum for: rt electricity H water i"l gas
tTOther ..Vuflfj;?lt^4)Vr01l_S '.^y. ' .«t*T\
a Other i J
nliime, address and telephone number of locator service til applicable
must be completed In verify TAA membership under paragraph 3J): Afler-liours plione number
M/roni/s i-nH 911 for police, fire or medical emergencies.)
Date form is filled out < m lop of pa.ee il
RlSJDHNTIAL LLASrCONn ci IAAOltio.ilSl.itci
*IOclolvr.2Ull.t,npvrigli(20ll,T,.v.isAp.irt:v t =J
W