4722 Rainbow Run

Lease terms

LEASE TERM & PURPOSE: The Tenant shall be permitted to occupy the Premises for a fixed lease term of twelve (12) months. The Premises shall be occupied solely as a private residential dwelling by the Tenant and authorized occupants. Upon expiration of the Lease Term, the tenancy shall terminate unless the Landlord and Tenant enter into a written renewal agreement or mutually agree in writing to a month-to-month tenancy. APPLIANCES & AMENITIES: Landlord will provide the following appliances for Tenant's use during the Lease Term: refrigerator, oven/range, microwave, dishwasher, washer, and dryer. Tenant shall maintain the appliances in a clean condition and use them in accordance with their intended purpose. Tenant shall promptly notify Landlord of any appliance malfunction or damage. Tenant shall be responsible for the cost of any repair or replacement resulting from misuse, negligence, or damage caused by Tenant, occupants, guests, or pets. The washer and dryer are provided as a convenience to Tenant. Landlord does not guarantee the repair or replacement of the washer or dryer in the event either appliance fails due to normal wear and tear, unless otherwise required by applicable law. Additional amenities include a pool table located in the loft. RENT: The Tenant shall pay the Landlord, in equal monthly installments of $2,595. The rent shall be due on the 1st of every month and paid under either of the following methods: - Direct Bank Wire Transfer - Electronic Zelle Transfer - Zillow Rent Payment Portal LATE FEE: Rent is due on the first (1st) day of each month. If Rent remains unpaid through the fourth (4th) day of the month, Tenant shall be charged an initial late fee of $40 beginning on the fifth (5th) day of the month. An additional late fee of $10 per day shall accrue for each subsequent day that any portion of the Rent remains unpaid. The total late fees assessed for any single monthly Rent payment shall not exceed twelve percent (12%) of the monthly Rent or the maximum amount permitted by applicable Texas law, whichever is less. FIRST MONTH'S RENT & PRORATED PERIOD: Tenant shall pay the first month's Rent and all other amounts required for move-in before taking possession of the Premises. If Landlord and Tenant agree in writing that Tenant may take possession before the beginning of the Lease Term, Tenant shall pay prorated Rent for the additional occupancy period before taking possession. Prorated Rent shall be calculated based on the monthly Rent divided by the number of calendar days in the applicable month, multiplied by the number of days of occupancy during the prorated period. Any prorated occupancy period shall remain subject to all terms and conditions of this Agreement. Landlord shall not be required to provide keys, access devices, or possession of the Premises until all required move-in funds have been received and any other move-in requirements under this Agreement have been satisfied. SECURITY DEPOSIT: Tenant shall pay Landlord a security deposit of $2,595 upon execution of this Agreement. The Security Deposit is intended to secure Tenant's performance of Tenant's obligations under this Agreement and may be applied by Landlord toward amounts lawfully chargeable to the Security Deposit, including unpaid amounts owed under the Lease and damages to the Premises beyond normal wear and tear, as permitted by applicable law. The Security Deposit may not be used by Tenant as payment of Rent, including the final month's Rent, without Landlord's prior written consent. Following termination of the tenancy and surrender of the Premises, Landlord shall refund the Security Deposit and provide any itemization of lawful deductions within the time and manner required by applicable Texas law. Tenant shall provide Landlord with a forwarding address for purposes of returning the Security Deposit and providing any required accounting of deductions. Nothing in this provision limits either party's rights or obligations regarding security deposits under applicable Texas law. MOVE-IN INSPECTION: Landlord shall provide Tenant with a move-in condition checklist at or before the time Tenant takes possession of the Premises. Tenant shall inspect the Premises and return the completed checklist to Landlord within three (3) days after taking possession. The checklist should identify any existing damage, defects, or other conditions present at move-in. Tenant is encouraged to provide photographs documenting any such conditions. Failure to identify an existing condition on the move-in checklist may be considered when determining whether damage occurred during the Lease Term, subject to applicable law. The move-in checklist does not waive Landlord's responsibility to make repairs or maintain the Premises as required by applicable law. SALE OF PROPERTY: If the Premises is sold, the Tenant is to be notified of the new Owner, and if there is a new Manager, their contact details for repairs and maintenance shall be forwarded. If the Premises is conveyed to another party, the new owner shall honor the terms of the agreement until the lease term ends. UTILITIES: Tenant shall be responsible for establishing and maintaining all utilities and services necessary for occupancy of the Premises, including: Water and sewer Garbage and recycling collection Electricity Natural gas Internet, cable, and other telecommunications services Tenant shall place all applicable utility accounts in Tenant's name prior to taking possession of the Premises and shall be responsible for all charges associated with such services throughout the Lease Term. Landlord will provide the existing door alert system and whole-house generator for Tenant's use. Tenant shall be responsible for maintaining active natural gas service necessary for operation of the whole-house generator. Tenant shall not intentionally disconnect or allow any utility necessary for the safe operation and maintenance of the Premises to be disconnected during the Lease Term. EARLY TERMINATION: Except where Tenant has a right to terminate the Lease under applicable law, Tenant may request early termination of this Agreement by providing Landlord with at least thirty (30) days' written notice and paying an early termination fee equal to two (2) months' Rent. Tenant shall remain responsible for Rent and all other obligations under this Agreement through the effective termination date. The early termination fee is separate from Rent or other amounts owed under this Agreement. Nothing in this provision limits any right Tenant may have to terminate the Lease without penalty under applicable federal or Texas law. SMOKING POLICY: Smoking is prohibited inside the Premises and in any enclosed or common areas of the property. PETS: Tenant may keep no more than two (2) approved pets at the Premises without Landlord's prior written consent. All pets must be disclosed to and approved by Landlord before being brought onto the Premises. Unless otherwise approved in writing, permitted pets are limited to domesticated cats and dogs weighing no more than one hundred (100) pounds each. For approved pets, Tenant shall pay: Pet Deposit: $400 refundable deposit Pet Fee: $200 non-refundable, one-time fee Pet Rent: $25 per month, per pet The Pet Deposit and Pet Fee apply to the household as a whole and are not charged separately for each approved pet. Pet Rent shall be charged separately for each approved pet. Tenant is responsible for all damage, excessive cleaning, pest treatment, odor remediation, landscaping damage, or other costs resulting from an approved pet or any animal brought onto the Premises by Tenant, occupants, or guests, subject to applicable law. Tenant shall keep all animals under reasonable control and shall comply with applicable laws, ordinances, HOA restrictions, and community rules concerning animals. Tenant may not substitute, replace, or add an animal without Landlord's prior written approval. WATERBEDS: The Tenant shall not have the right to use a waterbed on the Premises. SUBLETTING, ASSIGNMENT & SHORT-TERM RENTALS: Tenant shall not assign this Agreement, sublet all or any portion of the Premises, rent or license any room or portion of the Premises to another person, or otherwise transfer any right of occupancy without Landlord's prior written consent. Tenant shall not advertise, list, offer, or use the Premises, or any portion thereof, as a short-term, vacation, transient, or similar rental through Airbnb, Vrbo, or any other rental, lodging, or home-sharing platform or service. Tenant shall not permit any person who is not an approved Tenant or Occupant under this Agreement to establish the Premises as their residence except as permitted under the Guests and Unauthorized Occupants provision of this Agreement. Landlord's acceptance of Rent or other payments shall not constitute approval of an assignment, sublease, or unauthorized occupant unless Landlord expressly agrees otherwise in writing. Any approved assignment or sublease must be documented in writing and signed by Landlord and all applicable parties. ABANDONMENT: If Tenant abandons the Premises, Landlord may exercise all rights and remedies available under this Agreement and applicable Texas law. In determining whether the Premises have been abandoned, Landlord may consider circumstances reasonably indicating that Tenant has permanently vacated the Premises, including removal of substantially all personal property, surrender or return of keys or other access devices, discontinuation of utilities, nonpayment of Rent, and other relevant circumstances. Landlord shall handle any personal property remaining at the Premises following abandonment in accordance with this Agreement and applicable Texas law. Nothing in this provision authorizes Landlord to unlawfully exclude Tenant from the Premises or dispose of Tenant's property contrary to applicable law. LANDLORD ACCESS AND RIGHT OF ENTRY: Landlord, Landlord's agents, contractors, or other authorized persons may enter the Premises at reasonable times for legitimate purposes related to the ownership, maintenance, repair, inspection, or management of the Premises, including to: - Inspect the condition of the Premises; - Perform or evaluate necessary or requested repairs, maintenance, or improvements; - Provide services required or permitted under this Agreement; - Inspect, maintain, or service the whole-house generator or other property systems; - Show the Premises to prospective tenants, purchasers, lenders, insurers, contractors, or other authorized persons; or - Exercise any other lawful right of access. Except in an emergency or when otherwise permitted by applicable law, Landlord will make a reasonable effort to provide Tenant with at least twenty-four (24) hours advance notice before entering the Premises. Landlord may enter the Premises without prior notice when reasonably necessary to respond to an emergency, prevent or minimize damage to the Premises, address an immediate health or safety concern, or as otherwise permitted by applicable law. Tenant shall not unreasonably interfere with or deny lawful access to the Premises after reasonable notice has been provided. MAINTENANCE, REPAIRS & ALTERATIONS: Tenant shall maintain the Premises in a clean, safe, and sanitary condition and shall promptly notify Landlord of any condition requiring repair or maintenance. Landlord shall be responsible for repairs and maintenance required of Landlord under applicable law and for repairs resulting from normal wear and tear. Tenant shall be responsible for the cost of repairs or replacement resulting from misuse, negligence, abuse, or damage caused by Tenant, occupants, guests, or pets. Tenant shall: - Maintain reasonable climate control and take reasonable measures to prevent excessive moisture, mold, and mildew. - Promptly clean visible moisture accumulation and notify Landlord of leaks, water intrusion, or suspected mold. - Use plumbing, electrical, HVAC, appliances, fixtures, and other systems only for their intended purposes. - Promptly notify Landlord of leaks, plumbing stoppages, electrical problems, HVAC problems, appliance malfunctions, or other conditions that could result in additional damage if left unaddressed. - Be responsible for plumbing or sewer stoppages caused by Tenant, occupants, guests, or the improper disposal of materials. - Replace ordinary consumable items during the Lease Term, including light bulbs and accessible smoke-detector batteries, as needed. - Maintain the lawn and landscaping, including mowing, edging, routine watering, and removal of weeds and debris, unless otherwise agreed in writing. - Properly place garbage and recycling in the appropriate receptacles and comply with applicable collection requirements. - Keep the Premises reasonably free from conditions caused by Tenant that may attract pests or vermin. - HVAC Filters: Tenant shall inspect and replace the HVAC air filter(s) as needed and at least once every ninety (90) days, or more frequently if reasonably necessary based on the type of filter used, manufacturer recommendations, pets, or conditions at the Premises. Tenant shall use filters of the correct size and type for the HVAC system. Tenant shall promptly notify Landlord of any HVAC malfunction, unusual noise, water leakage, or other condition requiring repair. Tenant may be responsible for reasonable repair costs resulting from Tenant's failure to replace HVAC filters as required, to the extent permitted by applicable law. Tenant shall not paint, remodel, install fixtures, mount televisions or other heavy objects, alter landscaping, modify electrical or plumbing systems, or otherwise materially alter the Premises without Landlord's prior written consent. Tenant shall not perform or authorize repairs to the Premises without Landlord's prior written consent except where otherwise permitted by applicable law. At the end of the Lease Term, Tenant shall surrender the Premises in substantially the same condition as received, ordinary wear and tear excepted. LOCKS, KEYS & SECURITY DEVICES: Landlord shall provide and maintain locks and security devices at the Premises as required by applicable Texas law. Tenant shall not remove, disable, alter, rekey, replace, or install any lock, deadbolt, security device, smart lock, alarm system, camera, or other access-control device without Landlord's prior written consent, except as otherwise permitted by applicable law. If Landlord approves the installation or modification of any lock or access-control device, Tenant shall promptly provide Landlord with all necessary keys, access codes, credentials, or other means reasonably necessary for Landlord to exercise lawful access to the Premises. Tenant shall promptly notify Landlord of any lost or stolen key, remote, garage-door opener, access code, or other access device. Tenant may be responsible for reasonable costs associated with replacement or rekeying resulting from Tenant's loss, damage, or unauthorized modification, to the extent permitted by applicable law. Upon surrender of the Premises, Tenant shall return all keys, garage-door openers, remotes, and other access devices provided by Landlord. NOISE/WASTE: The Tenant agrees not to commit waste on the premises, maintain, or permit to be maintained, a nuisance thereon, or use, or permit the premises to be used, in an unlawful manner. The Tenant further agrees to abide by any and all local, county, and State noise ordinances. GUESTS: Only the Tenant(s) and Occupant(s) identified in this Agreement may reside at the Premises. Tenant may have temporary guests at the Premises. No guest may reside at the Premises for more than fourteen (14) consecutive days or more than thirty (30) total days during any twelve-month period without Landlord's prior written consent. A guest who exceeds these limits or otherwise establishes the Premises as their residence may be required to complete Landlord's application and screening process and, if approved, be added to the Lease before continuing to reside at the Premises. Tenant is responsible for the conduct of Tenant's guests and for any damage to the Premises caused by Tenant's guests. Nothing in this provision prohibits reasonable accommodations or other occupancy rights required by applicable law. COMPLIANCE WITH LAW: Tenant shall comply with applicable laws, ordinances, HOA rules, and governmental requirements relating to Tenant's use and occupancy of the Premises. DEFAULT: Tenant shall be in default of this Agreement if Tenant fails to timely pay Rent or other amounts lawfully due under this Agreement, materially violates the terms of this Agreement, abandons the Premises, or otherwise commits a material breach for which Landlord is entitled to exercise remedies under applicable law. Upon default, Landlord may provide any notice required by this Agreement or applicable law and may exercise any lawful remedy available to Landlord, including termination of the tenancy, recovery of possession of the Premises, recovery of unpaid Rent or other amounts lawfully owed, and recovery of damages where permitted by law. Landlord's exercise of any remedy shall be subject to all notice, procedural, mitigation, and other requirements imposed by applicable Texas law. MULTIPLE TENANT OR OCCUPANT(S): Each individual that is considered a Tenant is jointly and individually liable for all of this Agreement's obligations, including but not limited to rent monies. If any Tenant, guest, or Occupant(s) violates this Agreement, the Tenant is considered to have violated this Agreement. Landlord's requests and notices to the Tenant or any of the Occupant(s) of legal age constitutes notice to the Tenant. Notices and requests from the Tenant or any one of the Occupant(s) (including repair requests and entry permissions) constitutes notice from the Tenant. In eviction suits, the Tenant is considered the agent of the Premise for the service of process. DISPUTES: If a dispute arises during or after the term of this Agreement between the Landlord and Tenant, they shall agree to hold negotiations amongst themselves, in "good faith", before any litigation. SEVERABILITY: If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. SURRENDER OF PREMISES: The Tenant has surrendered the Premises when (a) the move-out date has passed and no one is living in the Premise within the Landlord's reasonable judgment; or (b) Access to the Premise have been turned in to Landlord whichever comes first. Upon the expiration of the term hereof, the Tenant shall surrender the Premise in equal condition as it were at the commencement of this Agreement, reasonable use, wear and tear thereof, and damages by the elements excepted. RETALIATION: The Landlord is prohibited from making any type of retaliatory acts against the Tenant including but not limited to restricting access to the Premises, decreasing or cancelling services or utilities, failure to repair appliances or fixtures, or any other type of act that could be considered unjustified. WAIVER: A Waiver by the Landlord for a breach of any covenant or duty by the Tenant, under this Agreement is not a waiver for a breach of any other covenant or duty by the Tenant, or of any subsequent breach of the same covenant or duty. No provision of this Agreement shall be considered waived unless such a waiver shall be expressed in writing as a formal amendment to this Agreement and executed by the Tenant and Landlord. EQUAL HOUSING: Landlord and Tenant shall comply with applicable federal, state, and local fair housing laws. Landlord will consider requests for reasonable accommodations or modifications in accordance with applicable law. HAZARDOUS MATERIALS: The Tenant agrees to not possess any type of personal property that could be considered a fire hazard such as a substance having flammable or explosive characteristics on the Premises. Items that are prohibited to be brought into the Premises, other than for everyday cooking or the need of an appliance, includes but is not limited to gas (compressed), gasoline, fuel, propane, kerosene, motor oil, fireworks, or any other related content in the form of a liquid, solid, or gas. INDEMNIFICATION: The Landlord shall not be liable for any damage or injury to the Tenant, or any other person, or to any property, occurring on the Premises, or any part thereof, or in common areas thereof, and the Tenant agrees to hold the Landlord harmless from any claims or damages unless caused solely by the Landlord's negligence. RENTER'S INSURANCE: Tenant shall maintain a renter's insurance policy throughout the Lease Term with personal liability coverage of not less than $100,000. Tenant shall provide Landlord with proof of coverage prior to taking possession of the Premises and, upon request, during the Lease Term. Tenant shall notify Landlord of any cancellation or lapse in coverage. Tenant is responsible for obtaining adequate insurance coverage for Tenant's personal property. Landlord's property insurance does not provide coverage for Tenant's personal belongings or other personal property. This provision does not limit either party's rights or responsibilities under applicable law. COVENANTS: The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto, and all covenants are to be construed as conditions of this Agreement. PREMISES DEEMED UNINHABITABLE: If the Premises is deemed uninhabitable due to damage beyond reasonable repair the Tenant will be able to terminate this Agreement by written notice to the Landlord. If said damage was due to the negligence of the Tenant, the Tenant shall be liable to the Landlord for all repairs and for the loss of income due to restoring the Premises back to a livable condition in addition to any other losses that can be proved by the Landlord. PARKING RULES: The parking rules for the Premises are attached to this Agreement and titled as "Texas Parking Rules Addendum." STATUTORY RIGHTS: The Tenant may have special statutory rights to terminate the Agreement early in certain situations involving family violence or a military deployment or transfer. LANDLORD'S OBLIGATIONS: During the Lease Term of this Agreement, Landlord shall be responsible for the following: (a) ensuring the Premises is in compliance with all applicable federal, state, and local laws, regulations, statutes, and building and housing codes regarding safety, sanitation, and fair housing applicable to the Premises; (b) performing major structural repairs to the Premises, within a reasonable time after notice from Tenant. Tenant may be liable for the cost of such repairs if the damage is caused by Tenant's actions or the action of Tenant's family members, contractors, employees, visitors, or agents pursuant to this Agreement; and (c) making any necessary repairs and replacements to the vital facilities serving the Premises, including heating, plumbing, and electrical systems, within a reasonable time after notice from Tenant. Tenant may be liable for the cost of such repairs if the damage is caused by Tenant's actions or the action of Tenant's family members, contractors, employees, visitors, or agents pursuant to this Agreement. All Landlord's obligations are dependent upon Tenant's obligation to notify Landlord promptly of any conditions requiring Landlord's attention. If Landlord fails to meet any of its above enumerated obligations, it may be possible for Tenant to terminate this Agreement and exercise other remedies under Texas Property Code Section 92.056. Tenant may also exercise other statutory remedies, including those enumerated in Texas Property Code Section 92.0561. Landlord is not responsible for the following: (a) damage to or loss of Tenant's personal property; (b) the acts of other tenants, guests, or invitees; (c) performing routine maintenance at the Property, including lawn care; or (d) any personal property of Tenant remaining in the Premises after the expiration or earlier termination of this Agreement. MOLD, MOISTURE & WATER LEAKS: Tenant shall take reasonable measures to prevent excessive moisture, mold, and mildew within the Premises, including maintaining reasonable climate control and ventilation and promptly cleaning ordinary moisture accumulation. Tenant shall promptly notify Landlord upon discovering or observing: Any plumbing leak, roof leak, water intrusion, or standing water; Unexplained moisture, dampness, or water stains; Visible or suspected mold or mildew that cannot reasonably be addressed through ordinary household cleaning; Overflowing or malfunctioning plumbing fixtures; HVAC condensation, drain-line leakage, or other unusual water accumulation; or Any condition that could reasonably result in water or moisture damage to the Premises. Tenant shall not intentionally obstruct HVAC vents, exhaust fans, or other ventilation equipment. Tenant shall not perform or authorize mold remediation, water-damage repairs, plumbing repairs, or other material corrective work without Landlord's prior written consent, except as otherwise permitted by applicable law. Tenant may be responsible for damage or remediation costs resulting from Tenant's failure to timely report a known condition or from Tenant's misuse, negligence, or failure to take reasonable measures to prevent avoidable moisture accumulation, to the extent permitted by applicable law. Landlord shall remain responsible for repairs and remediation required of Landlord under applicable law. WHOLE-HOUSE GENERATOR: The Premises is equipped with a whole-house standby generator provided for Tenant's use during the Lease Term. The generator shall remain the property of Landlord. Tenant shall maintain active natural gas service to the Premises and shall be responsible for all natural gas charges associated with operation of the generator. Tenant shall not modify, disconnect, relocate, manually service, or otherwise tamper with the generator or its associated electrical, gas, or transfer-switch components. Tenant shall promptly notify Landlord of any malfunction, warning, damage, unusual operation, or service indicator involving the generator. Landlord shall be responsible for routine maintenance and repairs resulting from normal use and wear. Tenant shall be responsible for damage or repair costs resulting from misuse, negligence, unauthorized modification, or other actions of Tenant, occupants, or guests. The generator is provided as an amenity and backup power source. Landlord does not guarantee uninterrupted electrical service or continuous operation of the generator during a utility outage and shall not be responsible for interruptions caused by utility failure, fuel-service interruption, mechanical failure, severe weather, or other circumstances beyond Landlord's reasonable control, except as otherwise required by applicable law. GOVERNING LAW: This Agreement is to be governed under the laws located in the State of Texas.