Texas Residential Lease Agreement Template (Page 5 of 11) in pdf

U.S. Legal Forms, Inc.

Form TX-864LT

should be summarily noted here: _____________________

relinquishment of Landlord's right thereafter to enforce any

________________________________________________

such term, covenant, or condition, but the same shall

________________________________________________

continue in full force and effect. No act or omission of

Tenant expressly agrees and understands that absence from

Landlord shall be considered a waiver of any of the terms or

the premises, with or without notice, in no way obviates the

conditions of this Lease, nor excuse any conduct contrary to

requirement to pay rent and other monies as stated herein, or

the terms and conditions of this Lease, nor be considered to

the consequences of failure to timely pay same.

create a pattern of conduct between the Landlord and Tenant

upon which Tenant may rely upon if contrary to the terms

22. POSSESSION OF PREMISES: Tenant shall not be

and conditions of this Lease.

entitled to possession of the premises designated for lease

until the security deposit and first month’s rent (or prorated

29. ATTORNEY FEES:

In the event that Landlord

portion thereof), less any applicable promotional discount, is

employees an attorney to collect any rents or other charges

paid in full and the premises designated for lease is vacated

due hereunder by Tenant or to enforce any of Tenant's

by the prior tenant.

covenants herein or to protect the interest of the Landlord

hereunder, Tenant agrees to pay a reasonable attorney's fee

and all expenses and costs incurred thereby, to the greatest

23. DELAY OF POSSESSION: Tenant expressly agrees

that if by reason of the premises being unready for

extent allowed by applicable law.

occupancy, or by reason of the previous tenant or occupant

of the dwelling holding over, or as a result of any other

30. HEIRS AND ASSIGNS: It is agreed and understood

cause whatsoever, Tenant is unable to enter and occupy the

that all covenants of this lease shall succeed to and be

premises, Landlord shall not be liable to Tenant in damages,

binding upon the respective heirs, executors, administrators,

but shall abate the rent for the period in which the Tenant is

successors and, except as provided herein, assigns of the

unable to occupy the premises.

parties hereto, but nothing contained herein shall be

construed so as to allow the Tenant to transfer or assign this

24. MATERIALITY OF APPLICATION TO RENT:

lease in violation of any term hereof.

All representations made by Tenant(s) on the Application to

Rent (or like-titled document) are material to the grant of

31. DESTRUCTION OF PREMISES: In the event the

this Lease, and the Lease is granted only on condition of the

leased premises shall be destroyed or rendered totally

truthfulness and accuracy of said representations.

If a

untenable by fire, windstorm, or any other cause beyond the

failure to disclose or lack of truthfulness is discovered on

control of Landlord, then this Lease shall cease and

said Application, Landlord may deem Tenant to be in breach

terminate as of the date of such destruction, and the rent

of this Lease.

shall then be accounted for between Landlord and Tenant up

to the time of such damage or destruction of said premises as

25.

MODIFICATION

THIS

LEASE:

Any

if being prorated as of that date. In the event the leased

modification of this lease shall not be binding upon

premises are damaged by fire, windstorm or other cause

beyond the control of Landlord so as to render the same

Landlord unless in writing and signed by Landlord or

Landlord’s authorized agent. No oral representation shall be

partially untenable, but repairable within a reasonable time,

effective to modify this Lease. If, as per the terms of this

then this lease shall remain in force and effect and the

Landlord shall, within said reasonable time, restore said

paragraph, any provision of this lease is newly added,

modified, or stricken out, the remainder of this Lease shall

premises to substantially the condition the premises were in

remain in full force and effect.

prior to said damage, and there shall be an abatement in rent

in proportion to the relationship the damaged portion of the

26. REMEDIES NOT EXCLUSIVE: The remedies and

leased premises bears to the whole of said premises.

rights contained in and conveyed by this Lease are

cumulative, and are not exclusive of other rights, remedies

32. EMINENT DOMAIN: In the event that the leased

and benefits allowed by applicable Texas law.

premises shall be taken by eminent domain, the rent shall be

prorated to the date of taking and this Lease shall terminate

27. SEVERABILITY:

If any provision herein, or any

on that date.

portion thereof, is rendered invalid by operation of law,

33. LANDLORD ENTRY:

In addition to the rights

judgment, or court order, the remaining provisions and/or

portions of provisions shall remain valid and enforceable

provided by applicable Texas law, Landlord shall have the

right to enter the leased premises at all reasonable times for

and shall be construed to so remain.

the purpose of inspecting the same and/or showing the same

to prospective tenants or purchasers, and to make such

28. NO WAIVER: The failure of Landlord to insist upon

reasonable repairs and alterations as may be deemed

the strict performance of the terms, covenants, and

necessary by Landlord for the preservation of the leased

agreements herein shall not be construed as a waiver or

Residential Lease Agreement, Page 5

Texas Residential Lease Agreement Template Page 5

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