GOODWIN MANAGEMENT, INC. 11149 Research Blvd., Suite 100, Austin, Texas 78759-5227 voice (512) 502-7540 fax (512) 346-4873 wats 1-800-900-9120 RENTAL CONTRACT Dated _28 Feb 09 Property:
7122 Wood Hollow Drive #45
City/ County/State:
Austin, Travis Tx 78731
Legal Description (if req’d):
Unit 45 Bld L Edgecliff Condos
Owner:
Elena Isaykina
Owner’s Agent:
GOODWIN MANAGEMENT, INC., A Texas corporation
Resident(s):
Vanessa Lynn Liddell
Occupants (include minors):
None
Utilities Paid By Owner: Commencement Date: Monthly Rent: Late Charge (after 3rd):
None
Fixed Cleaning Charge:
N/A
15 Mar 09
Expiration Date:
28 Feb 10
$1000.00 Due on Move In
Pro-Rated Rent:
$548.42 Due on 1 Apr 09
$ 50.00 + $5.00/day
Returned Check Chg.:
$ 50.00 $ 300.00
Security Deposit:
$900.00
Pet Deposit:
Move out Notice:
30 Days
Re-Letting Charge:
1 Month’s Rent + Days until Leased
Required Repairs to be done by Owner:
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Repairs Requested by Resident:
Resident shall pay the first $50.00 of any service call or repair *(subject to owner’s agent’s discretion)
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*No Smoking allowed inside property* Special Provision:
Tenant to transfer Utilities within 3 days of move in
The rights of Owner under this Rental Contract are hereby conferred on Owner’s Agent. Owner may designate a substitute agent from time to time. Notices required to be delivered to Owner hereunder shall be deemed delivered when delivered to Owner’s Agent. For convenience, rent checks may be made payable to “GMI” rather than Goodwin Management, Inc. Upon execution of this contract, tender a full month’s rent plus applicable deposits. Any pro-rated rent is due on the first day of the second month. This Rental Contract consists of this contract, the Security Deposit Addendum, and other related addenda such as the Pet Addendum, if applicable. The signature(s) below constitutes acceptance of the entire contract, including addenda, and all provisions relating thereto.
THIS IS A LEGALLY BINDING DOCUMENT. READ CAREFULLY BEFORE SIGNING RESIDENT(S)
OWNER
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GOODWIN MANAGEMENT, INC. AS OWNER’S AGENT
_________________________________________
_________________________________________
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Property Address 7122 Woodhollow Dr #45 Austin, Tx 78731
1. PARTIES This lease is between the Resident and the Owner covering the Property. The residence will only be occupied by, and used only as a private residence by, those adults and minors listed as Occupants. No other occupants are permitted. No other use is permitted. 2. LEASE TERM The initial term of this lease shall begin on the Commencement Date and shall expire on the Expiration Date. THIS CONTRACT WILL BE AUTOMATICALLY RENEWED ON A MONTH-TO-MONTH BASIS unless written notice of termination is given by either party at least 30 days before the end of the initial lease term or renewal or extension period or unless another rental contract is signed by both parties. If readiness of the Property for Resident’s occupancy is prevented because of maintenance, repairs, construction or a prior Resident's holding over, or for any other reason, Owner shall not be liable to Resident for such delay, and this contract shall remain in full force subject to the following conditions: (1) rentals shall be abated on a daily basis during the delay period, and (2) Resident may terminate this contract by giving notice in writing to Owner no later than the third day of delay, whereupon Resident shall be entitled only to refund of deposit(s) and any rentals paid. Such conditions shall not apply to cleaning and repair delays which do not prevent occupancy. In no event shall Owner, or Owner’s Agent, be liable to Resident for expenses or damages, direct or consequential, as a result of any such delay. 3. MOVE-OUT NOTICE At least 30 days written notice of intent to vacate must be given to Owner's representative prior to move-out at the end of the above lease term and any renewal or extension period. VERBAL NOTICE IS NOT SUFFICIENT. In the event of automatic renewal or extension, the lease term shall extend to, and the rent shall be paid through, the last day of the month following the expiration of the 30 day notice period. In other words, the last month's rent must be for a full month without any pro-rations. Failure to give the 30 day written move-out notice will subject Resident to liability for future rentals, the Re-letting Charge and other damages and charges to which Owner is entitled. 4. SECURITY DEPOSIT AND PET DEPOSIT Resident agrees that Security Deposit shall be paid on or before the signing of this contract. If applicable, Resident agrees that the Pet Deposit shall be paid on or before the signing of this contract. NO PETS ARE ALLOWED excepted with written permission of Owner, the payment of the Pet Deposit, and the execution of the Pet Addendum. Refunds of the Security Deposit and Pet Deposit shall be made in accordance with this contract and the Security Deposit Addendum and Pet Addendum. 5. OTHER PETS Resident will not permit anyone’s pet, even temporarily, on the Property unless permission is granted in writing by Owner. The unauthorized presence of a pet will subject all Residents to the penalties, damages, deductions, termination and eviction provisions set forth herein. 6. RENT Resident(s) will pay the monthly rent in advance and without demand to GOODWIN MANAGEMENT, INC., as Agent for the Owner, at 11149 Research Blvd., Suite 100, Austin, Texas 78759-5227, or at such other location as may be designated from time to time, on or before the 1st day of the month without a grace period. Rent paid after such date is delinquent and will authorize all remedies in the paragraph entitled DEFAULT BY RESIDENT. If rent is not paid by the third of the month, Resident agrees to pay a late charge of $50.00 plus $5.00 per day until the rent and late charges are paid in full. In the event it is necessary for an eviction action to be taken against the Resident, the Resident hereby agrees to pay all costs of the eviction including, but not limited to, filing fees, court costs, and legal fees, plus a separate eviction fee of $150.00 to offset administrative costs of initiating an eviction action. In addition, Resident agrees to pay a $50.00 charge for each returned check plus late payment charges. All rent payments received after the 3rd day of the month, must be made with certified funds. Accepted forms of payment at that time will be Cashier Check or Money Order. Payments made on past due accounts using personal checks, business checks or cash will not be accepted under any circumstance. A personal check will ONLY be accepted as payment on accounts that are current and have not had prior NSF’s. Resident will pay the security deposit and one (1) full month's rent on or before the move-in date. The Prorated Rent is payable on the first day of the second month of occupancy. The above rental figure is for an unfurnished residence. RESIDENT'S RIGHT TO POSSESSION AND OWNER'S OBLIGATIONS ARE EXPRESSLY CONTINGENT ON THE PROMPT PAYMENT OF RENT AND THE USE OF THE PROPERTY BY RESIDENT IS OBTAINED ONLY ON THE CONDITION THAT RENT IS PAID IN FULL ON TIME. Owner may require that all monthly payments due be paid in one monthly check rather than multiple checks. ALL MONIES RECEIVED BY OWNER SHALL BE APPLIED FIRST TO NON-RENT OBLIGATIONS OF THE RESIDENT, THEN TO RENT REGARDLESS OF NOTATIONS ON THE CHECK. Effective April 1, 2006 AT OWNER'S OPTION, OWNER MAY AT ANY TIME REQUIRE THAT ALL RENT AND OTHER SUMS BE PAID IN CASH, CASHIER'S CHECK, CERTIFIED CHECK OR MONEY ORDER. 7. RENT INCREASES No rent increases shall be allowed during the initial lease term. At least 30 days prior written notice is required for any rent increase. If such notice of rent increase is given to Resident, this lease contract shall automatically continue on a month-to-month basis at the increased rental rate beginning on the effective date of rental increase. 8. UTILITIES Owner will furnish the Utilities set forth herein and no other. Resident shall pay for all other utilities including required deposits. All utilities shall be used only for ordinary household purposes and not wasted by Resident. 9. NO SUBLETTING Subletting, assignment, or securing a replacement will be allowed only upon written permission of Owner. In such event, Resident shall remain liable hereunder, but shall receive credit for all rentals paid by succeeding residents during the lease term unless a replacement lease is signed by the new resident and the Owner and original Resident is released from any future liabilities. 10. CONDITION OF THE PROPERTY AT MOVE-IN Resident has examined and accepted the Property, equipment, appliances, fixtures, and/or furniture “AS IS” except for conditions materially affecting the health or safety of ordinary persons. Resident shall have the right to report defects and/or damages to Owner within 72 hours after move-in. Resident shall report defects and/or damages using the MOVE-IN INVENTORY AND CONDITION form, which shall serve as documentation of property condition at move-in for purposes of the deposit refund at move-out. If the MOVE-IN INVENTORY AND CONDITION form is not delivered to the Owner, the property will be deemed to have been in clean and good condition at move-in. Resident accepts the Property subject to and subordinate to any existing or future recorded mortgage, deed of trust, or other lien applicable to the Property or its contents. Resident shall use reasonable diligence in the care of the Property. Resident may not make any alterations of Owner's property or fixtures without written consent of Owner; no holes shall be drilled into the walls, woodwork, or floors; and NO WATER FURNITURE or antenna installations or wall phones or CHANGE OF LOCKS OR ADDITIONAL LOCKS shall be permitted except by Owner's written permission. Resident will not remove Owner's fixtures, furniture, and/or furnishings from the Property for any purpose. When Resident moves in, Owner shall furnish light bulbs of prescribed wattage for sockets, and the proper size air conditioner filter and batteries for smoke detectors; thereafter, light bulbs, batteries and AC filters shall be replaced by Resident at Resident’s expense. When moving out, Resident agrees to surrender Property in the same condition as received, reasonable wear and tear excepted. If the carpet was shampooed at move-in, Resident agrees to have the carpet professionally shampooed , at Resident’s expense, at move-out. 11. REPAIRS PAID BY OWNER Owner agrees to pay for the Required Repairs at Owner’s cost and expense. Required Repairs are those matters negotiated at arm’s length prior to the Resident signing this lease which are set forth herein as such. Owner agrees to maintain the roof, slab, and structural components of the Property. Structural components consist of the framing, siding, and brick veneer. Owner shall pay the cost of replacing the hot water heater and air conditioning/heating equipment when same is required. Other repairs required for the habitability of the Property shall be paid
Property Address 7122 Woodhollow Dr #45 Austin, Tx 78731
© Goodwin Management, Inc. (04/6/06)
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for as follows: the first $50.00 shall be paid by Resident at time of service, Owner shall pay the balance. Resident agrees to pay all overtime charges for after hours, holidays or weekend service calls not of an emergency nature. 12. REPAIRS PAID BY RESIDENT After Required Repairs are completed by Owner, Resident at time of service shall pay the first $50.00 for all other repairs required for the habitability of the Property unless agreed to otherwise by Owner in writing. Such items include, but are not limited to: plumbing repairs, ball-cock and flapper valves, faucets, disposal, dishwasher, trash compactor, circuit breakers, stove, vent hood, refrigerator, mirrors, light fixtures, locks, latches, keys, doors, windows, window glass, screens, fencing, gates, garage door openers, attic vents and turbines, landscaping, security system, swimming pool, hot tub, floor coverings, carpet cleaning, wall coverings, window coverings, cabinetry, countertops, lawn sprinkler systems, etc. Resident agrees to pay all overtime charges for after hours, holidays or weekend service calls not of an emergency nature. HOWEVER, in the event such repair is necessitated by the negligence, misuse, or abuse of the Property by the Resident, Resident shall pay 100% of any such repair. RESIDENT WILL PAY 100% OF THE COST OF ALL PLUMBING STOPPAGES CAUSED BY RESIDENT. 13. RESIDENT’S REQUEST FOR REPAIRS Resident agrees to request repairs in writing to Owner, except in an emergency when a telephone call will be accepted. An emergency is a situation that poses imminent danger to the safety of persons and property. Examples of emergencies are uncontrolled running water, the presence of fire, electrical short circuits, the smell or presence of gas or smoke, etc. In the event of emergency, the Resident should use its best efforts to stabilize the situation to prevent damage to persons or property until Owner can be contacted. In performing repairs, Owner shall have the right to temporarily turn off equipment and/or interrupt utilities to avoid damage to property and/or to perform repairs or maintenance which require such interruption. In case of malfunction of equipment or utilities, or damage by fire, water or other cause, Resident shall notify Owner immediately. Rent shall not abate during such periods. If the damaged Property is unfit for occupancy and if Owner decides not to repair the Property, Owner may terminate this contract by giving written notice to Resident. If the lease is so terminated, rent will be prorated and the balance refunded along with the deposit(s), less lawful deductions. 14. REQUIRED MAINTENANCE BY RESIDENT Resident, at sole Resident’s expense, agrees to properly and regularly maintain the Property including all yard areas including shrubs and trees (i.e. water, mow, edge, trim, sweep up, dispose of grass and limbs); to prevent limbs or branches from rubbing against or hitting any building structure; to clean rain gutters as necessary; to provide and change air conditioning filters once per month; to exterminate regularly (not less than quarterly) and perform rodent control; and to place trash in proper receptacles and put out trash only on days prescribed by the pick up service. Failure of the Resident to properly and regularly maintain the Property shall be cause for Owner to perform such maintenance and bill Resident therefor. 15. RULES AND REGULATIONS Resident, his family and guests will comply with these rules and regulations, as same may be changed from time to time in writing by Owner. Resident agrees that the conduct of himself, his family, and guests shall never be disorderly, boisterous, or unlawful, and shall not disturb the rights, comforts, or conveniences of other persons in the immediate vicinity. Violations are grounds for eviction. Sidewalks, steps, carports, driveways, patios, entrances, halls, walkways, and stairways shall not be obstructed or used for any purpose other than ingress or egress. Resident shall maintain and clean all entrances, patios, carpets, and other areas which are used by Resident or are reserved for Resident's private use. Garbage shall be disposed of only in appropriate receptacles provided by Resident. Resident shall use those window coverings as provided by Owner, if any, and any window coverings provided by Resident are subject to Owner’s written approval. No foil or any other covering shall be permitted on window panes or glass doors. Swimming pools, storerooms, laundry rooms, and all other facilities are to be used wholly at the risk of the person using them. Owner reserves the right to control the method, manner and time of parking in designated areas and to control and limit persons using them and to control and limit the entry upon the Property by agents, furniture movers, delivery men, solicitors, and/or salesmen who seek to enter the Property. RESIDENT AGREES THAT HE/SHE WILL NOT PARK ANY VEHICLES ON ANY YARD AREA, EXCEPT IN THE CASE OF AN EMERGENCY AND THAT HE WILL BE RESPONSIBLE FOR ANY DAMAGE TO THE YARD AREA CAUSED BY ANY VEHICLE. RESIDENT AGREES THAT NO INOPERABLE VEHICLES WILL BE ALLOWED OR STORED ON THE PROPERTY AT ANY TIME. Any of Resident's vehicles which are deemed inoperable may be towed by Owner at the Resident's expense. Guests may not stay longer than 10 consecutive days without Owner's written permission. In addition to these rules and regulations, Resident hereby agrees to abide by the deed restrictions and promulgated rules and/or regulations of any owner’s association of which the Property may be a part, whether or not Resident received such deed restrictions or rules at or prior to move in. Any fines or penalties imposed against Owner by reason of Resident(s) action or inaction, as the case may be, shall be due and payable by Resident. 16. REIMBURSEMENT BY RESIDENT Resident agrees to reimburse Owner promptly for 100% of any loss, property damage, or cost of repairs or service caused by negligence or improper use or care by Resident, his agent, family, or guests. Such reimbursement is due when Owner makes demand. Owner's failure or delay in demanding damage reimbursement, late-payment charges, returned check charges, or other sums due by Resident shall not be deemed a waiver and Owner may demand same at any time, including move-out, and may deduct such amounts from Resident’s security deposit at move out. 17. OWNER SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES TO PERSONS OR PROPERTY CAUSED BY OTHER RESIDENTS OR OTHER PERSONS INCLUDING, BUT NOT LIMITED TO, THEFT, BURGLARY, ASSAULT, VANDALISM OR OTHER CRIMES Resident agrees that existing locks and latches are safe and acceptable, subject to Owner's duty to make needed repairs of same upon written request of Resident. Owner shall have no duty to furnish smoke detectors, security guards, or additional locks and latches except as required by statute. Upon payment of a reasonable charge, Resident shall have the right to require the Owner to change a door lock. IF RESIDENT CHANGES ANY LOCK, HE MUST PROVIDE THE OWNER WITH A KEY TO THAT LOCK. Resident shall pay for and replace smoke or heat detector batteries, if any, as needed. Owner and Owner’s Agent shall not be liable for personal injury or damage or loss of Resident's personal property (electronic equipment, computers, furniture, jewelry, clothing, etc.) from theft, vandalism, fire, water, rain, hail, smoke explosions, sonic booms, or any other causes whatsoever, unless the same is due to the gross negligence of Owner or Owner's representative. Owner strongly recommends that Resident secure his own insurance to protect himself against all of the above occurrences. If Resident hires anyone to render any services to Resident or the Property, such person shall be deemed the agent of Resident and Resident agrees to defend and hold Owner harmless from any liability or cost in connection with such services. 18. WHEN OWNER MAY ENTER If Resident, his guest, or other occupant is present, the Owner, Owner’s Agent, an Owner’s representative, or servicemen may enter at reasonable times for reasonable business purposes. If such persons are not present, such persons may enter (so long as written notice thereof is left in the residence after entry) for the following purposes: requested repairs or extermination, preventive maintenance, failure to return tools or appliances within the prescribed time, emergencies, safety or fire inspections, inspections when imminent danger to person(s) or damage to property is reasonably expected, exercising contractual landlord's lien when Resident is in default, showing the Property to building inspectors, fire marshals, mortgage lenders, appraisers, prospective purchasers, insurance agents, or prospective residents. 19. DEFAULT BY OWNER Owner agrees to make the repairs required herein, abide by applicable state and local laws regarding repairs, and make all reasonable repairs, subject to Resident's obligation herein to pay for any such repairs caused by Resident, his family, or guest’s negligence, misuse, or abuse. Resident may terminate this contract only if the following has occurred: (1) Resident shall make written request for repair or remedy of the condition, and all rents must be current at such time; (2) After receipt of such request, Owner shall have reasonable time to repair, considering the nature of the problem and the reasonable availability of materials, labor, and utilities, (3) If such reasonable time has lapsed and if Owner has not made Property Address 7122 Woodhollow Dr #45 Austin, Tx 78731
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a diligent effort to repair, Resident shall then give Owner written notice of intent to terminate the lease unless the repair is made within 7 days; and (4) If repair has not been made within such 7 day period, Resident may terminate this lease; then the security deposits and pro-rata rent will be refunded as required by law. 20. DEFAULT BY RESIDENT If Resident fails to pay rent or other lawful charges when due, or if Resident fails to reimburse Owner for damages, repairs, plumbing service costs, or yard services when due, or if Resident, his family or guests or other occupants violate this contract or Owner's rules and regulations or applicable state or local laws, or if the Resident abandons the Property, then Owner may terminate Resident's right of occupancy by delivering to the Resident or other occupant a one day's written notice to vacate. Such notice may be delivered in person to the Resident or other occupant over 16 years of age, may be affixed to the front door, may be left inside the residence or may be mailed by regular mail or certified return receipt requested mail. Owner shall be entitled to possession by eviction suit. SUCH TERMINATION DOES NOT RELEASE RESIDENT FROM LIABILITY FOR FUTURE RENTALS. AFTER OWNER GIVES NOTICE TO VACATE OR AFTER OWNER FILES EVICTION SUIT, OWNER MAY STILL ACCEPT RENT OR OTHER SUMS DUE AND SAME SHALL NOT WAIVE OR DIMINISH OWNER'S RIGHT OF PROPERTY DAMAGES, PAST OR FUTURE RENT, OR OTHER SUMS DUE. If Owner prevails in any suit for eviction, unpaid rentals, charges or damages, Resident shall be liable for Owner's administrative costs, court costs and reasonable attorney's fees and all amounts shall bear 10% interest from due date. If Resident's rent is delinquent, Owner shall not be obligated to continue utilities which are furnished and paid for by Owner. OWNER MAY REPORT UNPAID RENTALS OR UNPAID DAMAGES TO THE LOCAL CREDIT BUREAU FOR PERMANENT RECORDATION ON RESIDENT'S CREDIT RECORD. ACCELERATION CLAUSE If, in violation hereof, Resident or his agent gives notice of intent to move out prior to the end of the contract term or renewal or extension period, or if Resident moves out or removes property from the Property in contemplation of moving therefrom prior to the end of the contract term or renewal or extension period, or if Resident is evicted by court order, THEN ALL MONTHLY RENTALS WHICH ARE PAYABLE DURING THE REMAINDER OF THE CONTRACT TERM OR RENEWAL OR EXTENSION PERIOD SHALL BE ACCELERATED WITHOUT NOTICE OR DEMAND AND SHALL BE IMMEDIATELY DUE AND PAYABLE (similar to acceleration upon default of a home mortgage payment). Such right of acceleration is in lieu of having rentals for the entire contract term payable at the beginning of the lease. RE-LETTING CHARGE If Resident moves out without rent being paid in full for the entire contract term or renewal or extension period, Owner shall use diligence to re-let and Resident shall be charged for cost of re-letting regardless of whether or not re-letting attempts are successful. Since it is difficult to evaluate costs of re-letting relating to inconvenience, paperwork, pro-rata advertising, showing the property, utilities for showing, checking prospects, administrative and office overhead and locator service fees (all of which may vary greatly), it is to the mutual benefit of both Resident and Owner to stipulate in advance regarding such costs of re-letting; therefore, IT IS AGREED THAT COSTS OF RELETTING SHALL BE THE AMOUNT STIPULATED ON PAGE 1, REGARDLESS OF WHETHER ACTUAL COSTS ARE GREATER OR LESSER, This amount shall be in addition to past due rentals, future rentals, charges for cleaning, repairing, repainting, or other sums due under this contract and the foregoing shall not waive or diminish Owner's right to recover such additional amounts. All subsequent monies received shall be credited first to non-rent items, then against Resident's liability for future rentals. HOLDOVER If Resident holds over and fails to vacate on or before the required move-out date (i.e. the end of the lease term, the end of the month or any renewal or extension period, or the move-out date agreed to by the parties), Resident shall be liable to pay rents for the holdover period and to indemnify Owner and/or prospective Residents for damages (including lost rentals, lodging expenses, and attorneys fees); and at Owner's option, Owner may extend the lease term for one month by delivering written notice in person or by mail to Resident's home while Resident is still holding over. Holdover rents shall be immediately due on a daily basis and delinquent without notice or demand. 21. CONTRACTUAL LIEN All personal property on the Property (except property statutorily exempt by Article 5236d) is hereby subjected to a contractual landlord lien to secure payment of delinquent rent and other sums due and unpaid under this contract. In order to exercise contractual lien rights, Owner may peacefully enter the Property (and any storage facilities) and remove and store all property therein, except property exempt by statute, provided however, Resident must be present or written notice of entry must be left afterward. In order to clear an abandoned property (or apartment), Owner may enter the Property and remove and store all property of every kind found therein. Resident's absence from the Property for five consecutive days while all or any portion of the rent is delinquent shall be deemed an abandonment of the Property. There shall be no sale or disposition of any of the foregoing property except pursuant to this contract. Owner shall be entitled to reasonable charges for packing and storing such abandoned or seized property, and may sell same at public or private sale (subject to any recorded chattel mortgage) after thirty days' written notice of time and place of sale is sent by certified mail to the Resident at the Property address. Sale shall be to the highest cash bidder; proceeds shall be first credited to cost of sale and then indebtedness; surplus shall be mailed to Resident at the Property address. It is agreed that none of the above procedures shall necessitate prior court hearing or subject Owner or Owner’s Agent to any liability. 22. RELEASE OF RESIDENT Except under the military clause below, Resident will be subject to the same release standards as imposed by savings and loans and mortgage companies i.e., Resident will not be released on grounds of voluntary or involuntary school withdrawal or transfer, voluntary or involuntary business transfer, marriage, divorce, loss of co-Residents, bad health, voluntary enlistment in the armed services, or any other reason, unless otherwise agreed to in writing by the Owner. However, if Resident secures a replacement Resident satisfactory to Owner's representative, Resident's liability for future rentals will be reduced by the amount of rentals actually received from such replacement. In the event Resident is or becomes a member of the Armed Forces on extended active duty and receives change of duty orders to depart the local area, or is relieved from such active duty, then Resident may terminate this contract by giving 30 days written notice, provided Resident is not otherwise in default. In such event, Resident agrees to furnish Owner a certified copy of the official orders which warrant termination of the rental contract. (Military orders authorizing base housing do not constitute change of duty orders hereunder, unless specifically waived.) 23. GENERAL No oral agreements have been entered into. This contract and the addenda related hereto may only be modified in writing signed by both parties. This contract and the applicable addenda are the entire agreement. All of Resident's statements in the rental application were relied upon by Owner in executing this contract and any misinformation therein shall be considered cause for termination by Owner of Resident's right of occupancy. IN THE EVENT THERE IS MORE THAN ONE RESIDENT, EACH RESIDENT IS JOINTLY AND SEVERALLY LIABLE FOR EACH PROVISION OF THIS CONTRACT. Each of the Residents affirms that he/she is of legal age to enter into a binding contract for lodging. All obligations hereunder are to be performed in the county in which the Property is located. Owner's delay or non-enforcement of acceleration, contractual lien, rental due date or any other right shall not be a waiver thereof under any circumstances. In any lawsuit involving contractual or statutory obligations of Owner or Resident, the prevailing party shall be entitled to recover attorney fees and all other costs of litigation from the non-prevailing party. All amounts in any lawsuit judgment shall bear the highest lawful interest from due date. Any clause in this contract or the addenda hereto declared invalid by law or a court of competent jurisdiction shall not terminate or invalidate the remainder of this contract. This contract and the applicable addenda hereto is a legally binding contract executed in multiple copies, one for the Resident and one or more for the Owner. Time is of the essence in this contract. THIS IS A LEGALLY BINDING DOCUMENT. READ CAREFULLY BEFORE SIGNING
Property Address 7122 Woodhollow Dr #45 Austin, Tx 78731
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SECURITY DEPOSIT ADDENDUM This SECURITY DEPOSIT ADDENDUM is part of the Rental Contract and shall govern refunds of all deposit(s), including deposits for any and all purposes, and shall apply to renewals and/or extensions of the RENTAL CONTRACT. The deposit(s) will be refunded only after each and all of the following conditions have been met and after the appropriate deductions, if any, have been made: 1. WRITTEN NOTICE Written notice of move-out must be given. Verbal notice is not sufficient under any circumstances. At least 30 days written notice of intent to vacate must be given to Owner prior to the ending date of the lease term, renewal period or extension period. Failure to give such notice may result in automatic renewal under the Rental Contract. In the event of automatic renewal or extension of the Rental Contract, rent shall be paid through the date required in the Rental Contract. 2.
FULL TERM
The full term of the Rental Contract (and any renewal or extension period) must have ended.
3. RENT PAID At time of move-out, all rents must be paid in full through the end of the lease term or any renewal or extension thereof. Resident may not apply security deposit(s) to rent. Resident(s) agrees that the full monthly rent will be paid on or before the due day of each month including the last month of occupancy. 4. SURRENDER In order for the 30 day period for deposit refund to begin, all Residents who have signed the lease and all occupants must have completely and fully moved out and surrendered the premises. 5. NO HOLDING OVER Resident must not stay beyond the date Resident is supposed to move out, i.e., beyond the end of the lease term or the end of the month of any renewal or extension period. Move-out date cannot be changed without mutual agreement in writing by Owner and Resident. 6.
FORWARDING ADDRESS
A written copy of Resident’s forwarding address must be given to Owner or Owners agent.
7. ACCELERATION As provided in the Rental Contract, if Resident moves out prior to the time all rent is paid in full for the entire lease term or renewal or extension period, all future rents for the remainder of the lease term will be accelerated without notice and shall be immediately due and payable and Owner shall be entitled to all rights and remedies for such breach. 8. CLEANING The residence, including bathrooms, furniture and appliances, must be cleaned thoroughly. The checklist for vacating the premises (if provided) shall be followed. If Resident fails to clean in accordance with the above, reasonable charges to complete such cleaning shall be deducted, including but not limited to charges for cleaning carpets, draperies, furniture, walls, etc., soiled beyond reasonable wear. 9. FIXED CLEANING CHARGE The Fixed Cleaning Charge will be deducted in any event for special cleaning which must be done commercially or by Owner. This is applicable only if Owner has a fixed cleaning charge. This charge does not relieve Resident from the cleaning provisions of Paragraph 8 above or the checklist for vacating premises (if provided). 10. OTHER DEDUCTIONS After inspection by Owner, appropriate charges will be deducted for: any unpaid sums due under the lease; damages or repairs to the Property or its contents (beyond reasonable wear); unpaid rent; unpaid Late Charges or Returned Check Charges; unpaid utilities; trips to let in telephone or TV cable representatives for removal of resident’s service or equipment; light bulbs; repair of mars, scars, burns, stains, or holes, etc., in walls, doors, floors, draperies, carpets and/or furniture; Re-letting Charge, if applicable; removing, packing and storing of abandoned, seized or lawfully removed property; removal of illegally parked, abandoned or inoperable vehicles; and attorney's fees and court costs incurred in any eviction proceeding against the Resident. If keys are not returned, charges may be made for change of door locks and for un-returned keys at the prevailing rate. Security deposits will be first applied on non-rent items, then to unpaid rent. 11. PET CHARGES Pets are not allowed, even temporarily, without written permission of Owner. If a pet is kept on the premises by anyone without written permission, a charge of $50.00 per day will be payable immediately. In addition, such will be cause for termination of Resident's rights of occupancy and/or suit by Owner for damages. Also, if a pet has been kept on the promises at any time during the Resident's term of occupancy by anyone (with or without permission), a deduction may be made for carpets to be professionally steam cleaned and de-fleaed in order to protect future Residents from possible health hazards. 12. JOINT LIABILITY In the event of more than one Resident, each Resident and each Resident’s share of the total security deposit is jointly and severally liable for all sums due under the Rental Contract and the Security Deposit Addendum. 13.
FINAL INSPECTION
After Resident has completely moved out, Owner or Owner's representative will inspect the Property.
14. RETURN OF DEPOSIT(S) After all of the above conditions have been complied with by Resident and lawful deductions have been made, the balance of the security deposit(s) will be mailed to Resident’s forwarding address along with an itemized accounting of any deductions postmarked no later than 30 days after surrender. For purposes of determining relinquishment of possessions, damages, clean-up charges, and other deductions, 'surrender' shall occur when (a) all Residents who signed the lease and occupants live elsewhere and the lease Expiration Date has arrived, and (b) all keys have been turned in, or (c) when it reasonably appears that all Residents have permanently moved out and do not intend to return. 15. INSUFFICIIENT DEPOSIT(S) IF LAWFUL CHARGES, DEDUCTIONS, DAMAGES, AND OTHER UNPAID SUMS DUE UNDER THE RENTAL CONTRACT EXCEED THE TOTAL AMOUNT OF DEPOSITS, RESIDENT(S) SHALL PAY SUCH EXCESS AMOUNT UPON WRITTEN DEMAND MAILED TO RESIDENT(S). OWNER MAY REPORT RESIDENTS TO CREDIT REPORTING AGENCIES IF SUCH EXCESS SUMS ARE NOT PAID WITHIN TEN (10) DAYS. 16. FAILURE TO PAY FIRST MONTH’S RENT If Resident fails to pay the first month's rent by the first day of the first rental period under the Rental Contract, all future rents shall be accelerated and immediately due and payable. In addition, Owner may terminate Residents right of occupancy and sue for damages, future rentals, attorney fees, court costs, and other lawful charges.
Property Address 7122 Woodhollow Dr #45 Austin, Tx 78731
© Goodwin Management, Inc. (04/6/06)
Initials ________ Initials _______ Initials _______ Initials ______
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PET ADDENDUM 1. Only the following described pet(s) is authorized to be kept on the premises. No substitutions are allowed. No other pet(s) shall be permitted on the premises by Residents, Residents’ guests or occupants. THERE WILL BE NO PIT BULLS, CHOWS, ROTTWEILERS OR ANY MIX OF THESE BREEDS ALLOWED. This prohibition includes, but is not limited to mammals, reptiles, birds, fish, rodents, and insects. Type:
1. Canine
2.
Weight:
1. 12 Lbs
2.
Breed:
1. Bichon
2.
Age:
1. 6 yrs
2.
Color:
1. White
2.
Housebroken:
1. Yes
2.
Name:
1. Bosley
2.
2. Residents are hereby authorized to keep a pet(s) (described above) on the Property until the lease expires and subject to the conditions described within this agreement. Authorization may be terminated if Residents' right of occupancy is lawfully terminated or if the pet rules listed below are violated in any way by Residents or Residents' family, guests, or invitees. 3. The total security deposit as required in the lease shall be increased by $ 300.00 . Such additional security deposit shall be considered as a general security deposit for any and all purposes. Refund of the security deposit shall be subject to all of the terms and conditions set forth in the lease and the Security Deposit Addendum attached thereto. 4. THE ADDITIONAL SECURITY DEPOSIT IS NOT REFUNDABLE PRIOR TO SURRENDER OF THE PREMISES BY ALL RESIDENTS, EVEN IF THE PET HAS BEEN REMOVED. 5. Residents shall pay $ 0.00 as a one-time fee in order to have the pet on the premises. This fee shall be in addition to any increase in the security deposit. This fee is not part of the Security Deposit and is not refundable for any reason whatsoever. 6. Residents shall be liable for the entire amount of all damages caused by such pet and all related cleaning, defleaing, and deodorizing. IF DAMAGED ITEMS CANNOT BE SATISFACTORILY CLEANED OR REPAIRED, RESIDENTS MUST PAY FOR COMPLETE REPLACEMENT COSTS. Residents shall indemnify Owner for all costs of litigation and attorney's fees resulting from the injury to persons or property caused by pet. Upon move-out, Residents must professionally shampoo and deflea the carpet. Shampooing. defleaing, and/or deodorization will be arranged for by Owner and paid for by Residents if Residents fail to provide proof of such shampooing, defleaing and/or deodorization. There is no limit on Resident’s liability for property damages, cleaning, deodorization, defleaing, replacements, repairs and/or personal injuries. 7. Residents agree to abide by the following rules: (a) Residents agree that the pet will not disturb the rights of the other Residents in the neighborhood or nearby properties. (b) All outside pets shall be kept on a leash and under Residents' supervision at all times. Owner or owner's representative shall have the right to pick up loose pets and may impose reasonable charges for picking up and/or detaining loose pets. Pets should not be tied to any fixed objects on the premises such as, patio posts, stairwells, or fences. (c) Residents will be responsible for the immediate removal of pet waste and shall comply with local city ordinances regarding pet defecation. (d) Inside dogs and cats must be housebroken. All other inside type pets must be caged at all times and no pet offspring are allowed without owner approval. 8. If Owner receives complaints from other Residents and determines that the pet has disturbed the rights of other Residents or neighbors, Resident must immediately and permanently remove the pet from the premises. Failure to comply with pet rules shall subject Residents to default under the terms of the lease agreement. 9. No other oral or written agreement exists regarding this Pet Addendum. This Pet Addendum shall be considered as an addendum to the lease (entered into this date or heretofore). Each Resident who signs the lease hereby agrees to the terms of this Pet Addendum. Residents, occupants, and guests shall abide by all pet rules. Each Resident shall be jointly and severally liable for damages and all other obligations set forth herein, even if such Resident does not own the pet.
Property Address 7122 Woodhollow Dr #45 Austin, Tx 78731
© Goodwin Management, Inc. (04/6/06)
Initials ________ Initials _______ Initials _______ Initials ______
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