13122 Piper Sonoma

Lease terms

RESIDENTIAL LEASE AGREEMENT THIS LEASE (the "Lease") dated this ________ day of ________________, ________ BETWEEN: Timothy Joseph Torres (the "Landlord") - AND- _____________________________ (the "Tenant") (individually the "Party" and collectively the "Parties") IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows: Leased Property 1. The Landlord agrees to rent to the Tenant the house, municipally described as 13122 Piper Sonoma, San Antonio, Texas 78253, (the "Property"), for use as residential premises only. 2. Subject to the provisions of this Lease, apart from the Tenant, no other persons will live in the Property without the prior written permission of the Landlord. 3. No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord 4. No pets or animals are allowed to be kept in or about the Property. 5. Subject to the provisions of this Lease, the Tenant is entitled to the exclusive use of the following parking on or about the Property: Garage, driveway, and street 6. The Tenant and members of the Tenant's household will not smoke anywhere in the Property nor permit any guests or visitors to smoke in the Property. 7. The Tenant and members of the Tenant's household will not vape anywhere in the Property nor permit any guests or visitors to vape in the Property. Term 8. The term of the Lease is a periodic tenancy commencing at 12:00 noon on February 8, 2024 and continuing on a year-to-year basis until the Landlord or the Tenant terminates the tenancy. 9. Any notice to terminate this tenancy must comply with the applicable legislation of the State of Texas (the "Act"). Rent 10. Subject to the provisions of this Lease, the rent for the Property is $2,600.00 per month (the "Rent"). 11. The Tenant will pay the Rent monthly, on or before the first (1st) day of each and every month of the term of this Lease, to the Landlord at _________________________ or at such other place as the Landlord may later designate by direct debit from a bank or other financial institution. 12. The Landlord may increase the Rent for the Property upon providing to the Tenant such notice as required by the Act. 13. The Tenant will be charged an additional amount of 12 % of the Rent for any Rent that is received after the greater of 5 days after the due date and any mandatory grace period required under the Act, if any. Security Deposit 14. On execution of this Lease, the Tenant will pay the Landlord a security deposit of $2,600.00 (the "Security Deposit"). 15. The Landlord will hold the Security Deposit at an interest bearing account solely devoted to security deposits. 16. During the term of this Lease or after its termination, the Landlord may charge the Tenant or make deductions from the Security Deposit for any or all of the following: a. repair of walls due to plugs, large nails or any unreasonable number of holes in the walls including the repainting of such damaged walls; b. repainting required to repair the results of any other improper use or excessive damage by the Tenant; c. unplugging toilets, sinks and drains; d. replacing damaged or missing doors, windows, screens, mirrors or light fixtures; e. repairing cuts, burns, or water damage to linoleum, rugs, and other areas; f. any other repairs or cleaning due to any damage beyond normal wear and tear caused or g. the cost of extermination where the Tenant or the Tenant's guests have brought or allowed insects into the Property or building; h. repairs and replacement required where windows are left open which have caused plumbing to freeze, or rain or water damage to floors or walls; i. replacement of locks and/or lost keys to the Property and any administrative fees associated with the replacement as a result of the Tenant's misplacement of the keys; and j. any other purpose allowed under this Lease or the Act. For the purpose of this clause, the Landlord may charge the Tenant for professional cleaning and repairs if the Tenant has not made alternate arrangements with the Landlord. 17. The Tenant may not use the Security Deposit as payment for the Rent. 18. The Landlord will return the Security Deposit at the end of this tenancy, less such deductions as provided in this Lease but no deduction will be made for damage due to reasonable wear and tear nor for any deduction prohibited by the Act. 19. Within the time period required by the Act and after the termination of this tenancy, the Landlord will deliver or mail the Security Deposit less any proper deductions or with further demand for payment to: _____________________________________ , or at such other place as the Tenant may advise. Inspections 20. The Parties will complete, sign and date an inspection report at the beginning and at the end of this tenancy. 21. At all reasonable times during the term of this Lease and any renewal of this Lease, the Landlord and its agents may enter the Property to make inspections or repairs, or to show the Property to prospective tenants or purchasers in compliance with the Act. Tenant Improvements 22. The Tenant will obtain written permission from the Landlord before doing any of the following: a. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall; b. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property; c. removing or adding walls, or performing any structural alterations; d. installing a waterbed(s); e. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units; f. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or g. affixing to or erecting upon or near the Property any radio or TV antenna or tower. Utilities and Other Charges 23. The Tenant is responsible for the payment of all utilities in relation to the Property. Insurance 24. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss. 25. The Tenant is not responsible for insuring the Landlord's contents and furnishings in or about the Property for either damage or loss, and the Tenant assumes no liability for any such loss. 26. The Tenant is not responsible for insuring the Property for liability insurance, and the Tenant assumes no liability for any such loss. Attorney Fees 27. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party's attorney fees. Governing Law 28. This Lease will be construed in accordance with and exclusively governed by the laws of the State of Texas. Severability 29. If there is a conflict between any provision of this Lease and the Act, the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease. 30. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease. Such other provisions remain in full force and effect. Amendment of Lease 31. This Lease may only be amended or modified by a written document executed by the Parties. Assignment and Subletting 32. The Tenant will not assign this Lease, or sublet or grant any concession or license to use the Property or any part of the Property. Any assignment, subletting, concession, or license, whether by operation of law or otherwise, will be void and will, at Landlord's option, terminate this Lease. Damage to Property 33. If the Property should be damaged other than by the Tenant's negligence or willful act or that of the Tenant's employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice. Maintenance 34. The Tenant will, at its sole expense, keep and maintain the Property and appurtenances in good and sanitary condition and repair during the term of this Lease and any renewal of this Lease. 35. Major maintenance and repair of the Property involving anticipated or actual costs in excess of $100.00 per incident not due to the Tenant's misuse, waste, or neglect or that of the Tenant's employee, family, agent, or visitor, will be the responsibility of the Landlord or the Landlord's assigns. 36. In particular, the Tenant will keep the fixtures in the Property in good order and repair and keep the furnace clean. The Tenant will, at Tenant's sole expense, make all required repairs to the plumbing, range, heating apparatus, and electric and gas fixtures whenever damage to such items will have resulted from the Tenant's misuse, waste, or neglect or that of the Tenant's employee, family, agent, or visitor. 37. Where the Property has its own sidewalk, entrance, driveway or parking space which is for the exclusive use of the Tenant and its guests, the Tenant will keep the sidewalk, entrance, driveway or parking space clean, tidy and free of objectionable material including dirt, debris, snow and ice. 38. Where the Property has its own garden or grass area which is for the exclusive use of the Tenant and its guests, the Tenant will water, fertilize, weed, cut and otherwise maintain the garden or grass area in a reasonable condition including any trees or shrubs therein. 39. The Tenant will also perform the following maintenance in respect to the Property: -Pest Control -Minor Repairs (Fixing a leaky faucet, changing light bulbs, unclogging toilet etc.) -Damage to property beyond reasonable wear and tear -Damages caused by tenant negligence -Responsible for maintenance of appliances included with the rental property Care and Use of Property 40. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord. 41. The Tenant will not engage in any illegal trade or activity on or about the Property. 42. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law. 43. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant. 44. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections. 45. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted. Rules and Regulations 46. The Tenant will obey all rules and regulations of the Landlord regarding the Property. Address for Notice 47. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below: a. Name: _____________________________ b. Phone: _________________________ 48. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord's address for notice is: a. Name: Timothy Joseph Torres b. Address: _________________________ c. Phone: d. Email: General Provisions 49. All monetary amounts stated or referred to in this Lease are based in the United States Dollar. 50. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord's rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord's rights in respect of any subsequent default or breach. 51. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease. 52. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears. 53. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other's acts, omissions and liabilities pursuant to this Lease. 54. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act. 55. The Tenant will be charged an additional amount of $25.00 for each N.S.F. check or checks returned by the Tenant's financial institution. 56. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa. 57. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures. 58. This Lease constitutes the entire agreement between the Parties. 59. During the last 30 days of this Lease, the Landlord or the Landlord's agents will have the privilege of displaying the usual 'For Sale' or 'For Rent' or 'Vacancy' signs on the Property. 60. Time is of the essence in this Lease. IN WITNESS WHEREOF _____________________________ and Timothy Joseph Torres have duly affixed their signatures on this ________ day of ________________, ________. Landlord _______________________________ Timothy Joseph Torres Tenant _______________________________ The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the ________ day of ________________, ________. Tenant _______________________________