Preview
Electronically Filed
9/15/2023 9:23 AM
Laura Richard
County Clerk
Fort Bend County, Texas
HOOVER SLOVACEK LLP
A REGISTERED LIMITED LIABILITY PARTNERSHIP
CHEYANNE H. TROUTT ATTORNEYS AT LAW REPLY TO:
ATTORNEY AT LAW GALLERIA TOWER II P.O. BOX 4547
troutt@hooverslovacek.com 5051 WESTHEIMER, SUITE 1200
HOUSTON, TEXAS 77210
HOUSTON, TEXAS 77056
(713) 977-8686
FAX (713) 977-5395
September 15, 2023
Via E-file:
Fort Bend County Clerk
Law No. 2
ATTN: County Clerk
RE: CAUSE NO. 23-CCV-073361; Haven at Bellaire II, LLC Haven at Bellaire v.
Naquethia Dubose and All Occupants; In the County Civil Court at Law Number
Two (2) Fort Bend County, Texas
Dear Clerk:
Please see the attached Trial Exhibits 1 and 2 in connection to the above referenced case
matter.
Thank you for your usual prompt and courteous attention to this matter. If you have any
questions, please do not hesitate to call me.
Yours Very Truly,
HOOVER SLOVACEK LLP
By: /s/ Chevanne H. Troutt
Cheyanne H. Troutt
Texas Bar Number: 24121473
Galleria Tower 11
5051 Westheimer, Suite 1200
Houston, Texas 77056
Telephone: (713) 977-8686
Fax: (713) 977-5395
Email: troutt@hooverslovacek.com
ATTORNEY FOR PLAINTIFF
{152576/00071/01596934.DOCX | }
4893-9194-1247, v. 1
EL awa
This Lease is valid only if filled out before January 1, 2024.
Apartment Lease Contract EXHIBIT 1
AS APART ME} P ASSOK TON
This is a binding contract. Read carefully before signing.
refer to all residents,
This Lease Contract (“Lease”) is between you, the resident(s) as listed below and us. The terms “you” and “your”
The terms “we,” “us,” and “our” referto the owner listed below.
PARTIES
Naquethia Dubose Owner Haven at Bellaire II, LLC
Residents
Occupants
LEASE DETAILS
A. Apartment (Par. 2)
Street Address!
City: Richmond State: TX Zip: 77407
Apartment No.
B. Initial Lease Term. Begins: 03/30/2023 Ends at 11:59 p.m. on: 04/29/2024
C, Monthly Base Rent (Par. 3) E. Security Deposit (Par. 5) F. Notice of Termination or Intent to Move Out (Par. 4)
Aminimum of days’ written notice of
$ 1298.00 $ 0.00 termination or intent to move out required at end ofinitial Lease
term or during renewal period
Note that this amount does not
D. Prorated Rent include any Animal Deposit, which If the number of days isn’t filled in, notice ofat least 30 days
would be reflected in an Animal is required.
§ 83.74 Addendum.
§% due for the remainder
of Ist
month or
CO for 2nd month
G. Late Fees (Par. 3.3)
Initial Late Fee Daily Late Fee
5 g 1 % of one month’s monthly base rent for 5 daysor
a % of one month‘s monthly base rent or
os for days
os
Due if rent unpaid by 11:59 p.m. on the 3rd. (rd or greater) day of the month
J. Optional Early Termination Fee (Par. 7.2) K. Animal Violation Charge (Par. 12.2)
H. Returned Checkor Rejected
Initial charge of 100 . 00 per animal (not
Payment Fee (Par. 3.4) $ 2596.00 to exceed $100 per animal) and
$ 75.00 Notice of, 30 days is required.
You are not eligible for early termination if Adaily charge of § 10.00 per animal
1. Reletting Charge (Par. 7.1) you arein default. (not to exceed $10 per day per animal)
Fee must be paid no jater than 1
Areletting charge
of $1103.30 days after you give us notice
(notto exceed 85% of the highest Ifvalues are blankor “0,” then this section does
monthly Rent during the Lease term)| not apply.
may be charged in certain default
Situations
L. Additional Rent - Monthly Recurring Fixed Charges. You will pay separately for these items as outlined below and/or in separate addenda,
Special Provisions or an amendment to this Lease.
Animal rent $ 0.00 Cable/satellite $0.00 Trash service $ 30.00
Internet $0.00 Package service $0.00 Pest control § 3.00
Storage $ 0.00 Stormwater/drainage $ 0,00 Washer/Dryer $ 0.00
Other: Amenity
$ 45.00
Other; Rent and Ancillary Billing Service Fee § 3.95
Other: $
Other: $
M. Utilities and Other Variable Charges. You will pay separately for gas, water, wastewater, electricity, trash/recycling, utility billing fees and other
items as outlined in separate addenda, Special Provisions or an amendment to this Lease.
Utility Connection Charge or Transfer Fee: $ 50.00 {not to exceed $50} to be paid within 5 days of written notice (Par. 3.5)
Special Provisions. See Par. 32 or additional addenda attached. The Lease cannot be changed unless in writing and signed by you and us.
Page 1 of 6
| |
artment Lease Contract ©2022, Texas Apartment Association, Inc.
PIPPIN 2198/2098
4 Automatic Lease Renewal and Notice of Termination. This Lease
will automatically renew month-to-month unless either party gives
1 Defi ions. The following terms are commonly used in this Lease: written notice of termination or intentto move out as required by Par.
1. “Residents” are those listed in “Residents” above who sign 25 and specified on page 1. /fthe number of days isn’t filled in, no-
the Lease and are authorized to live in the apartment. tice of atleast30 days is required.
2. “Occupants” are those listed in this Lease who are also autho- Be Security Deposit. The total security deposit for all residents is due
rized to live in the apartment, but who do not sign the Lease. conor before the date this Lease is signed. Any animal deposit will be
1.3. “Owner” may be identified by an assumed name and is the designated in an animal addendum. Security deposits may not be ap-
owner only and not property managers or anyone else. plied to Rent without our prior written consent.
1.4. “Including” in this Lease means “including but not limited to.” 5.1. Refunds and Deductions. You must give us your advance
5. “Community Policies” are the written apartment rules and noti ove out as 'idedby Par.. nd forwardin:
policies, including property signage and instructions for in writis eivea writ lescrij ‘ion and
care of our property and amenities, with which you, your itemized list of charges or refund. fn accordance with our
occupants, and your guests must comply. Community Policies and as allowed by law, we may deduct
6. “Rent” is monthly base rent plus additional monthly from your security deposit any amounts due under the
recurring fixed charges. Lease. If you move out early orin response to a notice to.
2. Apartment. You are leasing the apartment listed above for use as a vacate, you'll be liable for rekeying charges. Upon receipt of
private residence only. your move-out date and forwarding address in writing, the
2.1, Access. In accordance with our Community Policies, you'll security deposit will be returned (less lawful deductions)
receive access information or devices for your apartment with an itemized accounting of any deductions, no later than
30 days after surrender or abandonment, unless laws provide
and mailbox, and other access devices including:
Remote (s) otherwise. Any refund may be by one payment jointly payable
to all residents and distributed to any one resident we choose,
or distributed equally among all residents.
2.2, Measurements. Any dimensions and sizes provided to you
relating to the apartment are only approximations or 6. Insurance. Our insurance doesn’t cover the loss of or damage to
your personal property. You will be required to have liability insur-
estimates; actual dimensions and sizes may vary.
ance as specified in our Community Policies or Lease addenda un-
3. Representations. You agree that designations or accredi- less otherwise prohibited by law. If you have insurance covering
the
tations associated with the property are subject to change. apartment or your personal belongings at the time you or we suffer
3. Rent. You must pay your Rent on or before the 1st day ofeach orallegea loss, you agree to require your insurance carrierto waive
month (due date) without demand. There are no exceptions any insurance subrogation rights. Even if not required, we urge you
regarding the payment of Rent, and you agree not paying Rent on to obtain your own insurance for losses due to theft, fire, flood, water,
or before the Ist of each month is a material breach of this Lease. pipe leaks and similar occurrences. Most renter’s insurance policies
3.1. Payments. You will pay your Rent by any method, manner don't cover losses due to a flood.
and place we specify in accordance with our Community 7 Reletting and Early Lease Termination. This Lease may not be ter-
Policies. Cash is not acceptable without
our prior written minated early except as provided in this Lease.
permission, You cannot withhold or offset Rent unless 7A. Reletting Charge. You'll be liable fora reletting charge as
authorized by law. We may, at our option, require at any listed in Lease Details, (not to exceed 85% of the highest
time that you pay Rent and other sums due in one single monthly Rent during the Lease term) if you: (A) fail to move in,
payment by any method we specify. or fail to give written move-out notice as required in Par. 25;
3.2. Application of Payments. Payment of each sum due is an (8) move out without paying Rent in full for the entire Lease
independent covenant, which means payments are due term or renewal period; (C) move out at our demand because
regardless of our performance. When we receive money, of your default; or (D) are judicially evicted. The reletting
other than water and wastewater payments subject to charge is not a termination, cancellation or buyout fee and
government regulation, we may apply it at our option and does not release you from your obligations under this Lease,
without notice firstto any of your unpaid obligations, then including liability for future or past-due Rent, charges for
to accrued rent. We may do so regardless of notations on damages or other sums due.
checks or money orders and regardless of when the The reletting charge is a liquidated amount covering only
obligations arose. Al sums other than Rent and late fees are part of our damages—for our time, effort, and expense in
due upon our demand. After the due date, we do not have finding and processing a replacement resident. These
to accept any payments. damages are uncertain and hard to ascertain—particularly
3.3. Late Fees. If we don’t receive your monthly base rent in full those relatingto inconvenience, paperwork, advertising,
when it’s due, you must pay late fees as outlined in Lease Details. showing apartments, utilities for showing, checking pros-
3.4. Returned Payment Fee. You'll pay the fee listed in Lease pects, overhead, marketing costs, and locator-service fees.
Details for each returned check or rejected electronic You agree that the reletting charge is a reasonable estimate
payment, plus initial and daily late fees if applicable, until of our damages and that the charge is due whether or not our
we receive full payment in an acceptable method. reletting attempts succeed.
3.5. Utilities and Services. You'll pay for all utilities and services, 7.2, Early Lease Termination Procedures. In additionto your
related deposits, and any charges or fees when they are due termination rights referred to in 7.3 or 8.1 below, if this provision
and as outlined in this Lease. Television channels that are applies under Lease Details, you may terminate the Lease
provided may be changed during the Lease term ifthe prior to the end of the Lease term if all of the following
change applies to all residents. occur: (a) as outlined in Lease Details, you give us written
if your electricity is interrupted, you must use only battery- notice of early termination, pay the early termination fee and
operated lighting (no flames). You must not allow any specify the date by which you'll move out; (b) you are not in
utilities (other than cable or Internet) to be cut off or default at any time and do not hold over; and (c) you repay all
switched for any reason—including disconnection for not rent concessions, credits or discounts you received during the
paying your bills—until the Lease term or renewal period Lease term. Ifyou are in default, the Lease remedies apply.
ends. Ifa utility is individually metered, it must be connected 73, Special Termination Rights. You may have the right under
in your name and you must notify the provider of your move- Texas
law to terminate the Lease earlyin certain situations
out date. If you delay getting service turned on in your name involving military deployment or transfer, family violence,
by the Lease’s start date or cause it to be transferred back into certain sexual offenses, stalking or death of asole resident.
our name before you surrender or abandon the apartment, 8. Delay of Occupancy. We are not responsible for any delay of your
you'll be liable for the charge listed above (not to exceed $50 occupancy caused by construction, repairs, cleaning, or a previous
per billing period), plus the actual or estimated cost of the resident’s holding over. This Lease will remain in force subject to
utilities used while the utility should have been billed to you. (1) abatement of Rent ona daily basis during delay, and (2) your right
ifyour apartment is individually metered and you change to terminate the Lease in writing as set forth below. Rent abatement
your retail electric provider, you must give us written notice. and Lease termination do not apply if the delay is for cleaning or re-
You must pay all applicable provider fees, including any fees pairs that don’t prevent you from moving into the apartment.
to change service back into our name after you move out. 8.1. Termination. If we give written notice to you of a delay in
3.6. Lease Changes. Lease changes are only allowed during the occupancy when or after the Lease begins, you may termi-
Lease term or renewal period if governed by Par. 10, specified nate the Lease within 3 days after you receive written notice.
in Special Provisions in Par. 32, or by a written addendum or
amendment signed by you and us. At or after the end of the If we give you written notice before the date the Lease begins
initial Lease term, Rent increases will become effective with at and the notice states that a construction or other delay is
least 5 days plus the number of days’ advance notice contained expected and that the apartment will be ready for you to
in Box F on page 1 in writing from us to you. Your new Lease, occupy ona specific date, you may terminate the Lease within
which may include increased Rent or Lease changes, will begin 7 days after receiving written notice.
on the date stated in any advance notice we provide (without After proper termination, you are entitied only to refund of
eeding your signature) unless you give us written move-out any deposit(s) and any Rent you paid.
notice under Par. 25, which applies only to the end of the current
Lease term or renewal period.
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rtmment Lease Contract ©2022, Texas Apartment Association, Inc.
2 19919098 2/98/2003
9. Care of Unit and Damages. You must promptly pay or reimburse (Q) disturbing or threatening the rights, comfort, health, safety,
us for loss, damage, consequential damages, government fines or or convenience of others, including us, our agents, or our
charges, or cost of repairs or service in the apartment community representatives;
because of a Lease or Community Policies violation; improper use, (d) disrupting our business operations;
negligence, or other conduct by you, your invitees, your occupants,
oryour guests;or, as allowed by law, any other cause not due to our e) storing anything in closets containing water heaters or
negligence or fault, exceptfor damages byacts of God to the extent gas appliances;
they couldn’t be mitigated by your action or inaction. f) tampering with utilities or telecommunication
Unless damage or wastewater stoppage is due to our negligence, equipment;
we're not liable for—and you must pay for—repairs and replace- (9) bringing hazardous materials into the apartment
ments occurring during the Lease term or renewal period, includ- community;
ing: (A) damage from wastewater stoppages caused by improper
objects in fines exclusively serving your apartment; (B) damage to thy using windows for entry or exit;
doors, windows, or screens; and (C) damage from windowsor doors @ heating the apartment with gas-operated appliances;
leftopen.
OQ making bad-faith or false allegations against us or our
spss agents to others;
10. Community Policies. Community Policies become partof the (k) smoking of any kind, that is not in accordance with our
Lease and must be followed. We may make changes, including addi- Community Policies or Lease addenda;
tions, to our written Community Policies,and those changes can be-
come effective immediately if the Community Policies are distributed o using glass containers in or near pools; or
and applicableto all units in the apartment community and do not (m) conducting any kind of business (including child-care
change the dollar amounts in Lease Details. services) in your apartment or in the apartment
Photo/Video Release. You give us permission to use any community—except for any lawful business
10.1.
conducted “at home” by computer, mail, or telephone if
photograph, likeness, image or video taken of you while
customers, clients, patients, employees or other
you are using property common areas or participating in
business associates do not come to your apartment
any event sponsored by us.
for business purposes.
10.2. Disclosure of Information. At our sole option, we may,
12. Animals. No living creatures of any Kind are allowed, even tempo-
but are not obligated to, share and use information related
rarily, anywhere in the apartment or apartment community un-
to this Lease for law-enforcement, governmental, or business
less we've given written permission. |f we allow an animal, you must
purposes. At our request, you authorize any utility provider to
sign a separate Animal Addendum and, exceptas set forth in the ad-
give us information about pending or actual connections or
dendum, pay an animal deposit and applicable fees and additional
disconnections of utility service to your apartment.
monthly rent, as applicable. An animal deposit is considered a gener-
10.3. Guests. We may exclude from the apartment community al security deposit. You represent that any requests, statements and
any guests or others who, in our sole judgment, have been representations you make, including those foran assistance or sup-
violating the law, violating this Lease or our Community portanimal, are true, accurate and made in good faith. Feeding stray,
Policies, or disturbing other residents, neighbors, visitors, feral or wild animals is a breach of this Lease.
or owner representatives. We may also exclude from any
12.1. Removal of Unauthorized Animal. We may remove an
outside area or common area anyone who refuses to show
unauthorized animal by (1) leaving, in a conspicuous
photo identification or refuses to identify himself or
place in the apartment, a written notice of our intent to
herself as a resident, an authorized occupant, or a guest of
remove the animal within 24 hours; and (2) following the
a specific resident in the community. procedures of Par. 14. We may: keep or kennel the animal;
Anyone not listed in this Lease cannot stay in the tum the animal over to a humane society, local authority
apartment for more than 7 days in one week orrescue organization; or return the animalto you if
without our prior written consent, and no more than twice we consent to your request to keep the animal and you
that many days in any one month. Ifthe previous space have completed and signed an Animal Addendum and
isn’t filled in, 2 days total per week will be the limit. paid all fees. When keeping or kenneling an animal, we
10.4, Notice of Convictions and Registration. You must won't be liable for loss, harm, sickness, or death of the
notify us within 15 days if you or any of your occupants: animal unless due to our negligence. You must pay for
the animal's reasonable care and kenneling charges.
(A) are convicted of any felony, (8) are convicted of any
misdemeanor involving a controlled substance, violence to 12.2. Violations of Animal Policies and Charges. If you or
another person, or destruction of property, or (C) register asa any guest or occupant violates the animal restrictions of
sex offender. Informing us of a criminal conviction or this Lease or our Community Policies, you'll be subject to
sex-offender registration doesn’t waive any rights we may charges, damages, eviction, and other remedies
have against you. provided in this Lease, including animal violation charges
10.5. Odors and Noise. You agree that odors, smoke and listed in Lease Details from the date the animal was
smells including those related to cooking and everyday brought into your apartment until it is removed. Ifan
oises or sounds are all a normal part of a multifamily animal has been in the apartment at any time during
living environment and that it is impractical for us to your term of occupancy (with or without our consent),
prevent them from penetrating your apartment. we'll charge you for all cleaning and repair costs,
including defleaing, deodorizing, and shampooing. Initial
W Conduct. You agreeto communicate and conduct yourselfin a law- and daily animal-violation charges and animal-removal
ful, courteous and reasonable manner at all times when interacting charges are liquidated damages for our time,
with us, our representatives and other residents or occupants. Any inconvenience, and overhead in enforcing animal
acts of unlawful, discourteous or unreasonable communication or restrictions and Community Policies.
conduct by you, your occupants or guests is a breach of this Lease.
13. Parking. You may not be guaranteed parking. We may regulate the
You must use customary diligence in maintaining the apartment, time, manner, and place of parking of all motorized vehicles and
keeping it in a sanitary condition and not damaging or littering the other modes of transportation, including bicycles and scooters, in
common areas. Trash must be disposed of at least weekly. You wi our Community Policies. In addition to other rights we have to tow or
use your apartment and all other areas, including any balconies, with boot vehicles under state law, we also have the right to remove, at the
reasonable care. We may regulate the use of passageways, patios, expense of the vehicle owner or operator, any vehicle that is not in
balconies, porches, and activities in common areas. compliance with our Community Policies.
11.1. Prohibited Conduct. You, your occupants, and your guests 14, When We May Enter. If you or any other resident, guest or occupant
will not engage in certain prohibited conduct, including the is present, then repair or service persons, contractors, law officers,
following activities: government representatives, lenders, appraisers, prospective resi-
(2) criminal conduct; manufacturing, delivering, or dents or buyers, insurance agents, persons authorized to enter under
possessing a controlled substance or drug parapher- your rental application, or our representatives may peacefully enter
nalia; engaging In or threatening violence; possessing the apartment at reasonable times for reasonable business purposes.
a weapon prohibited by state law; discharging a firearm If nobody is in the apartment, then any such person may enter peace-
in the apartment community; or, except when fully and at reasonable times (by breaking a window or other means
allowed by law, displaying or possessing a gun, knife, when necessary) for reasonable business purposes if written notice of
or other weapon in the common area, or in a way that the entry is leftin a conspicuous place in the apartment immediately
may alarm others; after the entry. We are under no obligation to enter only when you
are present, and we may, but are not obligated to, give prior notice or
(b) behaving in a loud, obnoxious or dangerous manner; make appointments.
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‘tment Lease Contract ©2022, Texas Apartment Association, Inc.
219219098 29939092,
15. Requests, Repairs and Malfunctions. Texas Property Code secs. 92.151, 92.153, and 92.154 require, with
some exceptions, that we provide at no cost to you when occupancy
15.1. Written Requests Required. ifyou or any occupant needs begins: (A) a window latch on each window; (8) a doorviewer (peep-
to send arequest—for example, for repairs, installations, hole or window) on each exterior door; {C) a pin lock on each sliding
services, ownership disclosure, or security-related matters— door; (D) either a door-handie latch or a security bar on each sliding
it must be written and delivered to our designated door; (E) a keyless bolting device (deadbolt) on each exterior door;
representative in accordance with our Community Policies and (F) either a keyed doorknob lock or a keyed deadbolt lock on
{except for fair-housing accommodation or modification one entry door. Keyed locks will be rekeyed after the prior resident
requests or situations involving imminent danger or threats to moves out. The rekeying will be done either before you move in or
health or safety, such as fire, smoke, gas, explosion, or crime in within 7 days after you move in, as required by law. If we fail to in-
rogress). Our written notes regarding your oral request do stall or rekey security devices as requiredby law, you have the right
not constitute a written request from you. Our complying todo soand deduct the reasonable cost from your next Rent pay-
with or responding to any oral request doesn’t waive the strict ment under Texas Property Code sec, 92.165(1). We may deactivate
requirement for written notices under this Lease. A request ornotinstall keyless bolting devices on your doors if (A) you oran
for maintenance or repair by anyone residing in your occupantin the dwelling is over55 or disabled, and (B) the require-
apartment constitutes a request from all residents. The time, ments of Texas Property Code sec. 92.153(e) or (f} are satisfied.
manner, method and means of performing maintenance
and repairs, including whether or which vendors to use, 18.1. Smoke Alarms and Detection Devices.
We'll furnish
are within our sole discretion. smoke alarms or other detection devices required by law
or city ordinance. We may install additional detectors
15.2. Your Requirement to Notify. You must promptly notify us in not so required. We'll test them and provide working
writing of air conditioning or heating problems, water leaks or batteries when you first take possession of your
moisture, mold, electrical problems, malfunctioning lights, apartment. Upon request, we'll provide, as required by
broken or missing locks or latches, or any other condition that law, a smoke alarm capable of alerting a person with a
poses a hazard or threat to property, health,or safety. Unless hearing impairment.
we instruct otherwise, you are required to keep the
apartment cooled or heated according to our Community You must pay for and replace batteries as needed,
Policies. Air conditioning problems are normally not unless the law provides otherwise. We may replace dead
emergencies. or missing batteries at your expense, without prior notice
to you. Neither you nor your guests or occupants may
15.3. Utilities. We may change or install utility lines or disable alarms or detectors. if you damage or disable the
equipment serving the apartment if the work is done smoke alarm or remove a battery without replacing it
reasonably without substantially increasing your with a working battery, you may be liable to us under
utility costs. We may turn off equipment and interrupt Texas Property Code sec. 92.2611 for $100 plus one
utilities as needed to perform work or to avoid month’s Rent, actual damages, and attorney’s fees.
property damage or other emergencies. If utilities
malfunction or are damaged by fire, water, or similar 18.2. Dutyto Report. You must immediately report to us any
cause, you must notify our representative immediately. missing, malfunctioning or defective security devices,
smoke alarms or detectors. You'll be liable if you fail to
15.4. Your Remedies. We'll act with customary diligence to report malfunctions, or fail to report any loss, damage, or
make repairs and reconnections within a reasonable fines resulting from fire, smoke, or water.
time, taking into consideration
when casualty-insurance
proceeds are received. Unless required by statute after 19, Resident Safety and Loss. Untess otherwise required by law, none
a casualty loss, or during equipment repair, your Rent of us, our employees, agents, or management companies are liable
will not abate in whole or in part. “Reasonable time” to you, your guests or occupants for any damage, personal injury,
accounts for the severity and nature of the problem and Joss to personal property, or loss of businessor personal income,
the reasonable availability of materials, labor, and from any cause, induding but not limited to: negligent or intention-
utilities. ifwe fail to timely repair a condition that alacts of residents, occupants, or guests; theft, burglary, assault,
materially affects the physical health or safety ofan vandalism or other crimes; fire, flood, water leaks, rain, hail, ice,
ordinary resident as required by the Texas Property Code, snow, smoke, lightning, wind, explosions, interruption of utilities,
you may be entitled to exercise remedies under § 92.056 pipe leaks orother occurrences unless such damage, injury or lossis
and § 92.0561 of the Texas Property Code. if you follow caused exclusively by our negligence.
the procedures under those sections, the following We do not warrant security of any kind. You agree that you will not
remedies, among others, may be available to you: rely upon any security measures taken by us for personal security,
(1) termination of the Lease and an appropriate refund and that you will call 911 and local law enforcement authorities if any
under 92.056(f); (2) have the condition repaired or security needs arise.
remedied according to § 92.0561; (3) deduct from the Rent
the cost of the repair or remedy according to § 92.0561; You acknowledge that we are not equipped or trained to provide
and 4) judicial remedies according to § 92.0563. personal security services to you, your guests or occupants. You rec-
ognize that we are not required to provide any private security ser-
16. Our Right to Terminate for Apartment Community Damage or vices and that no security devices or measures on the property are
Closure. ff, in our sole judgment, damages to the unit or building are fail-safe. You further acknowledge that, even ifan alarm or gate ame-
significant or performance of needed repairs poses a danger to you, nities are provided, they are mechanical devices that can malfunc-
we may terminate this Lease and your right to possession by giving tion. Any charges resulting from the use of an intrusion alarm will be
you at least 7 days’ written notice. If termination occurs, you agree charged to you, including, but not limited to, any false alarms with
‘we'll refund only prorated rent and all deposits, minus lawful deduc- police/fire/ambulance response or other required city charges.
tions. We may remove your personal property if, in our sole judg-
ment, it causes a health or safety hazard or impedes our ability to 20. Condition of the Premises and Alterations.
make repairs. 20.1. As-Is. We disclaim all implied warranties, You accept the
16.1. Property Closure. We also have the right to terminate apartment, fixtures, and furniture as is, except for
this Lease and your right to possession by giving you at conditions materially affecting the health or safety of
least 30 days’ written notice of termination if we are ordinary persons. You'll be given an Inventory and
demolishing your apar
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Electronically Filed 9/15/2023 9:23 AM Laura Richard County Clerk Fort Bend County, Texas HOOVER SLOVACEK LLP A REGISTERED LIMITED LIABILITY PARTNERSHIP CHEYANNE H. TROUTT ATTORNEYS AT LAW REPLY TO: ATTORNEY AT LAW GALLERIA TOWER II P.O. BOX 4547 troutt@hooverslovacek.com 5051 WESTHEIMER, SUITE 1200 HOUSTON, TEXAS 77210 HOUSTON, TEXAS 77056 (713) 977-8686 FAX (713) 977-5395 September 15, 2023 Via E-file: Fort Bend County Clerk Law No. 2 ATTN: County Clerk RE: CAUSE NO. 23-CCV-073361; Haven at Bellaire II, LLC Haven at Bellaire v. Naquethia Dubose and All Occupants; In the County Civil Court at Law Number Two (2) Fort Bend County, Texas Dear Clerk: Please see the attached Trial Exhibits 1 and 2 in connection to the above referenced case matter. Thank you for your usual prompt and courteous attention to this matter. If you have any questions, please do not hesitate to call me. Yours Very Truly, HOOVER SLOVACEK LLP By: /s/ Chevanne H. Troutt Cheyanne H. Troutt Texas Bar Number: 24121473 Galleria Tower 11 5051 Westheimer, Suite 1200 Houston, Texas 77056 Telephone: (713) 977-8686 Fax: (713) 977-5395 Email: troutt@hooverslovacek.com ATTORNEY FOR PLAINTIFF {152576/00071/01596934.DOCX | } 4893-9194-1247, v. 1 EL awa This Lease is valid only if filled out before January 1, 2024. Apartment Lease Contract EXHIBIT 1 AS APART ME} P ASSOK TON This is a binding contract. Read carefully before signing. refer to all residents, This Lease Contract (“Lease”) is between you, the resident(s) as listed below and us. The terms “you” and “your” The terms “we,” “us,” and “our” referto the owner listed below. PARTIES Naquethia Dubose Owner Haven at Bellaire II, LLC Residents Occupants LEASE DETAILS A. Apartment (Par. 2) Street Address! City: Richmond State: TX Zip: 77407 Apartment No. B. Initial Lease Term. Begins: 03/30/2023 Ends at 11:59 p.m. on: 04/29/2024 C, Monthly Base Rent (Par. 3) E. Security Deposit (Par. 5) F. Notice of Termination or Intent to Move Out (Par. 4) Aminimum of days’ written notice of $ 1298.00 $ 0.00 termination or intent to move out required at end ofinitial Lease term or during renewal period Note that this amount does not D. Prorated Rent include any Animal Deposit, which If the number of days isn’t filled in, notice ofat least 30 days would be reflected in an Animal is required. § 83.74 Addendum. §% due for the remainder of Ist month or CO for 2nd month G. Late Fees (Par. 3.3) Initial Late Fee Daily Late Fee 5 g 1 % of one month’s monthly base rent for 5 daysor a % of one month‘s monthly base rent or os for days os Due if rent unpaid by 11:59 p.m. on the 3rd. (rd or greater) day of the month J. Optional Early Termination Fee (Par. 7.2) K. Animal Violation Charge (Par. 12.2) H. Returned Checkor Rejected Initial charge of 100 . 00 per animal (not Payment Fee (Par. 3.4) $ 2596.00 to exceed $100 per animal) and $ 75.00 Notice of, 30 days is required. You are not eligible for early termination if Adaily charge of § 10.00 per animal 1. Reletting Charge (Par. 7.1) you arein default. (not to exceed $10 per day per animal) Fee must be paid no jater than 1 Areletting charge of $1103.30 days after you give us notice (notto exceed 85% of the highest Ifvalues are blankor “0,” then this section does monthly Rent during the Lease term)| not apply. may be charged in certain default Situations L. Additional Rent - Monthly Recurring Fixed Charges. You will pay separately for these items as outlined below and/or in separate addenda, Special Provisions or an amendment to this Lease. Animal rent $ 0.00 Cable/satellite $0.00 Trash service $ 30.00 Internet $0.00 Package service $0.00 Pest control § 3.00 Storage $ 0.00 Stormwater/drainage $ 0,00 Washer/Dryer $ 0.00 Other: Amenity $ 45.00 Other; Rent and Ancillary Billing Service Fee § 3.95 Other: $ Other: $ M. Utilities and Other Variable Charges. You will pay separately for gas, water, wastewater, electricity, trash/recycling, utility billing fees and other items as outlined in separate addenda, Special Provisions or an amendment to this Lease. Utility Connection Charge or Transfer Fee: $ 50.00 {not to exceed $50} to be paid within 5 days of written notice (Par. 3.5) Special Provisions. See Par. 32 or additional addenda attached. The Lease cannot be changed unless in writing and signed by you and us. Page 1 of 6 | | artment Lease Contract ©2022, Texas Apartment Association, Inc. PIPPIN 2198/2098 4 Automatic Lease Renewal and Notice of Termination. This Lease will automatically renew month-to-month unless either party gives 1 Defi ions. The following terms are commonly used in this Lease: written notice of termination or intentto move out as required by Par. 1. “Residents” are those listed in “Residents” above who sign 25 and specified on page 1. /fthe number of days isn’t filled in, no- the Lease and are authorized to live in the apartment. tice of atleast30 days is required. 2. “Occupants” are those listed in this Lease who are also autho- Be Security Deposit. The total security deposit for all residents is due rized to live in the apartment, but who do not sign the Lease. conor before the date this Lease is signed. Any animal deposit will be 1.3. “Owner” may be identified by an assumed name and is the designated in an animal addendum. Security deposits may not be ap- owner only and not property managers or anyone else. plied to Rent without our prior written consent. 1.4. “Including” in this Lease means “including but not limited to.” 5.1. Refunds and Deductions. You must give us your advance 5. “Community Policies” are the written apartment rules and noti ove out as 'idedby Par.. nd forwardin: policies, including property signage and instructions for in writis eivea writ lescrij ‘ion and care of our property and amenities, with which you, your itemized list of charges or refund. fn accordance with our occupants, and your guests must comply. Community Policies and as allowed by law, we may deduct 6. “Rent” is monthly base rent plus additional monthly from your security deposit any amounts due under the recurring fixed charges. Lease. If you move out early orin response to a notice to. 2. Apartment. You are leasing the apartment listed above for use as a vacate, you'll be liable for rekeying charges. Upon receipt of private residence only. your move-out date and forwarding address in writing, the 2.1, Access. In accordance with our Community Policies, you'll security deposit will be returned (less lawful deductions) receive access information or devices for your apartment with an itemized accounting of any deductions, no later than 30 days after surrender or abandonment, unless laws provide and mailbox, and other access devices including: Remote (s) otherwise. Any refund may be by one payment jointly payable to all residents and distributed to any one resident we choose, or distributed equally among all residents. 2.2, Measurements. Any dimensions and sizes provided to you relating to the apartment are only approximations or 6. Insurance. Our insurance doesn’t cover the loss of or damage to your personal property. You will be required to have liability insur- estimates; actual dimensions and sizes may vary. ance as specified in our Community Policies or Lease addenda un- 3. Representations. You agree that designations or accredi- less otherwise prohibited by law. If you have insurance covering the tations associated with the property are subject to change. apartment or your personal belongings at the time you or we suffer 3. Rent. You must pay your Rent on or before the 1st day ofeach orallegea loss, you agree to require your insurance carrierto waive month (due date) without demand. There are no exceptions any insurance subrogation rights. Even if not required, we urge you regarding the payment of Rent, and you agree not paying Rent on to obtain your own insurance for losses due to theft, fire, flood, water, or before the Ist of each month is a material breach of this Lease. pipe leaks and similar occurrences. Most renter’s insurance policies 3.1. Payments. You will pay your Rent by any method, manner don't cover losses due to a flood. and place we specify in accordance with our Community 7 Reletting and Early Lease Termination. This Lease may not be ter- Policies. Cash is not acceptable without our prior written minated early except as provided in this Lease. permission, You cannot withhold or offset Rent unless 7A. Reletting Charge. You'll be liable fora reletting charge as authorized by law. We may, at our option, require at any listed in Lease Details, (not to exceed 85% of the highest time that you pay Rent and other sums due in one single monthly Rent during the Lease term) if you: (A) fail to move in, payment by any method we specify. or fail to give written move-out notice as required in Par. 25; 3.2. Application of Payments. Payment of each sum due is an (8) move out without paying Rent in full for the entire Lease independent covenant, which means payments are due term or renewal period; (C) move out at our demand because regardless of our performance. When we receive money, of your default; or (D) are judicially evicted. The reletting other than water and wastewater payments subject to charge is not a termination, cancellation or buyout fee and government regulation, we may apply it at our option and does not release you from your obligations under this Lease, without notice firstto any of your unpaid obligations, then including liability for future or past-due Rent, charges for to accrued rent. We may do so regardless of notations on damages or other sums due. checks or money orders and regardless of when the The reletting charge is a liquidated amount covering only obligations arose. Al sums other than Rent and late fees are part of our damages—for our time, effort, and expense in due upon our demand. After the due date, we do not have finding and processing a replacement resident. These to accept any payments. damages are uncertain and hard to ascertain—particularly 3.3. Late Fees. If we don’t receive your monthly base rent in full those relatingto inconvenience, paperwork, advertising, when it’s due, you must pay late fees as outlined in Lease Details. showing apartments, utilities for showing, checking pros- 3.4. Returned Payment Fee. You'll pay the fee listed in Lease pects, overhead, marketing costs, and locator-service fees. Details for each returned check or rejected electronic You agree that the reletting charge is a reasonable estimate payment, plus initial and daily late fees if applicable, until of our damages and that the charge is due whether or not our we receive full payment in an acceptable method. reletting attempts succeed. 3.5. Utilities and Services. You'll pay for all utilities and services, 7.2, Early Lease Termination Procedures. In additionto your related deposits, and any charges or fees when they are due termination rights referred to in 7.3 or 8.1 below, if this provision and as outlined in this Lease. Television channels that are applies under Lease Details, you may terminate the Lease provided may be changed during the Lease term ifthe prior to the end of the Lease term if all of the following change applies to all residents. occur: (a) as outlined in Lease Details, you give us written if your electricity is interrupted, you must use only battery- notice of early termination, pay the early termination fee and operated lighting (no flames). You must not allow any specify the date by which you'll move out; (b) you are not in utilities (other than cable or Internet) to be cut off or default at any time and do not hold over; and (c) you repay all switched for any reason—including disconnection for not rent concessions, credits or discounts you received during the paying your bills—until the Lease term or renewal period Lease term. Ifyou are in default, the Lease remedies apply. ends. Ifa utility is individually metered, it must be connected 73, Special Termination Rights. You may have the right under in your name and you must notify the provider of your move- Texas law to terminate the Lease earlyin certain situations out date. If you delay getting service turned on in your name involving military deployment or transfer, family violence, by the Lease’s start date or cause it to be transferred back into certain sexual offenses, stalking or death of asole resident. our name before you surrender or abandon the apartment, 8. Delay of Occupancy. We are not responsible for any delay of your you'll be liable for the charge listed above (not to exceed $50 occupancy caused by construction, repairs, cleaning, or a previous per billing period), plus the actual or estimated cost of the resident’s holding over. This Lease will remain in force subject to utilities used while the utility should have been billed to you. (1) abatement of Rent ona daily basis during delay, and (2) your right ifyour apartment is individually metered and you change to terminate the Lease in writing as set forth below. Rent abatement your retail electric provider, you must give us written notice. and Lease termination do not apply if the delay is for cleaning or re- You must pay all applicable provider fees, including any fees pairs that don’t prevent you from moving into the apartment. to change service back into our name after you move out. 8.1. Termination. If we give written notice to you of a delay in 3.6. Lease Changes. Lease changes are only allowed during the occupancy when or after the Lease begins, you may termi- Lease term or renewal period if governed by Par. 10, specified nate the Lease within 3 days after you receive written notice. in Special Provisions in Par. 32, or by a written addendum or amendment signed by you and us. At or after the end of the If we give you written notice before the date the Lease begins initial Lease term, Rent increases will become effective with at and the notice states that a construction or other delay is least 5 days plus the number of days’ advance notice contained expected and that the apartment will be ready for you to in Box F on page 1 in writing from us to you. Your new Lease, occupy ona specific date, you may terminate the Lease within which may include increased Rent or Lease changes, will begin 7 days after receiving written notice. on the date stated in any advance notice we provide (without After proper termination, you are entitied only to refund of eeding your signature) unless you give us written move-out any deposit(s) and any Rent you paid. notice under Par. 25, which applies only to the end of the current Lease term or renewal period. Page 20f6 I rtmment Lease Contract ©2022, Texas Apartment Association, Inc. 2 19919098 2/98/2003 9. Care of Unit and Damages. You must promptly pay or reimburse (Q) disturbing or threatening the rights, comfort, health, safety, us for loss, damage, consequential damages, government fines or or convenience of others, including us, our agents, or our charges, or cost of repairs or service in the apartment community representatives; because of a Lease or Community Policies violation; improper use, (d) disrupting our business operations; negligence, or other conduct by you, your invitees, your occupants, oryour guests;or, as allowed by law, any other cause not due to our e) storing anything in closets containing water heaters or negligence or fault, exceptfor damages byacts of God to the extent gas appliances; they couldn’t be mitigated by your action or inaction. f) tampering with utilities or telecommunication Unless damage or wastewater stoppage is due to our negligence, equipment; we're not liable for—and you must pay for—repairs and replace- (9) bringing hazardous materials into the apartment ments occurring during the Lease term or renewal period, includ- community; ing: (A) damage from wastewater stoppages caused by improper objects in fines exclusively serving your apartment; (B) damage to thy using windows for entry or exit; doors, windows, or screens; and (C) damage from windowsor doors @ heating the apartment with gas-operated appliances; leftopen. OQ making bad-faith or false allegations against us or our spss agents to others; 10. Community Policies. Community Policies become partof the (k) smoking of any kind, that is not in accordance with our Lease and must be followed. We may make changes, including addi- Community Policies or Lease addenda; tions, to our written Community Policies,and those changes can be- come effective immediately if the Community Policies are distributed o using glass containers in or near pools; or and applicableto all units in the apartment community and do not (m) conducting any kind of business (including child-care change the dollar amounts in Lease Details. services) in your apartment or in the apartment Photo/Video Release. You give us permission to use any community—except for any lawful business 10.1. conducted “at home” by computer, mail, or telephone if photograph, likeness, image or video taken of you while customers, clients, patients, employees or other you are using property common areas or participating in business associates do not come to your apartment any event sponsored by us. for business purposes. 10.2. Disclosure of Information. At our sole option, we may, 12. Animals. No living creatures of any Kind are allowed, even tempo- but are not obligated to, share and use information related rarily, anywhere in the apartment or apartment community un- to this Lease for law-enforcement, governmental, or business less we've given written permission. |f we allow an animal, you must purposes. At our request, you authorize any utility provider to sign a separate Animal Addendum and, exceptas set forth in the ad- give us information about pending or actual connections or dendum, pay an animal deposit and applicable fees and additional disconnections of utility service to your apartment. monthly rent, as applicable. An animal deposit is considered a gener- 10.3. Guests. We may exclude from the apartment community al security deposit. You represent that any requests, statements and any guests or others who, in our sole judgment, have been representations you make, including those foran assistance or sup- violating the law, violating this Lease or our Community portanimal, are true, accurate and made in good faith. Feeding stray, Policies, or disturbing other residents, neighbors, visitors, feral or wild animals is a breach of this Lease. or owner representatives. We may also exclude from any 12.1. Removal of Unauthorized Animal. We may remove an outside area or common area anyone who refuses to show unauthorized animal by (1) leaving, in a conspicuous photo identification or refuses to identify himself or place in the apartment, a written notice of our intent to herself as a resident, an authorized occupant, or a guest of remove the animal within 24 hours; and (2) following the a specific resident in the community. procedures of Par. 14. We may: keep or kennel the animal; Anyone not listed in this Lease cannot stay in the tum the animal over to a humane society, local authority apartment for more than 7 days in one week orrescue organization; or return the animalto you if without our prior written consent, and no more than twice we consent to your request to keep the animal and you that many days in any one month. Ifthe previous space have completed and signed an Animal Addendum and isn’t filled in, 2 days total per week will be the limit. paid all fees. When keeping or kenneling an animal, we 10.4, Notice of Convictions and Registration. You must won't be liable for loss, harm, sickness, or death of the notify us within 15 days if you or any of your occupants: animal unless due to our negligence. You must pay for the animal's reasonable care and kenneling charges. (A) are convicted of any felony, (8) are convicted of any misdemeanor involving a controlled substance, violence to 12.2. Violations of Animal Policies and Charges. If you or another person, or destruction of property, or (C) register asa any guest or occupant violates the animal restrictions of sex offender. Informing us of a criminal conviction or this Lease or our Community Policies, you'll be subject to sex-offender registration doesn’t waive any rights we may charges, damages, eviction, and other remedies have against you. provided in this Lease, including animal violation charges 10.5. Odors and Noise. You agree that odors, smoke and listed in Lease Details from the date the animal was smells including those related to cooking and everyday brought into your apartment until it is removed. Ifan oises or sounds are all a normal part of a multifamily animal has been in the apartment at any time during living environment and that it is impractical for us to your term of occupancy (with or without our consent), prevent them from penetrating your apartment. we'll charge you for all cleaning and repair costs, including defleaing, deodorizing, and shampooing. Initial W Conduct. You agreeto communicate and conduct yourselfin a law- and daily animal-violation charges and animal-removal ful, courteous and reasonable manner at all times when interacting charges are liquidated damages for our time, with us, our representatives and other residents or occupants. Any inconvenience, and overhead in enforcing animal acts of unlawful, discourteous or unreasonable communication or restrictions and Community Policies. conduct by you, your occupants or guests is a breach of this Lease. 13. Parking. You may not be guaranteed parking. We may regulate the You must use customary diligence in maintaining the apartment, time, manner, and place of parking of all motorized vehicles and keeping it in a sanitary condition and not damaging or littering the other modes of transportation, including bicycles and scooters, in common areas. Trash must be disposed of at least weekly. You wi our Community Policies. In addition to other rights we have to tow or use your apartment and all other areas, including any balconies, with boot vehicles under state law, we also have the right to remove, at the reasonable care. We may regulate the use of passageways, patios, expense of the vehicle owner or operator, any vehicle that is not in balconies, porches, and activities in common areas. compliance with our Community Policies. 11.1. Prohibited Conduct. You, your occupants, and your guests 14, When We May Enter. If you or any other resident, guest or occupant will not engage in certain prohibited conduct, including the is present, then repair or service persons, contractors, law officers, following activities: government representatives, lenders, appraisers, prospective resi- (2) criminal conduct; manufacturing, delivering, or dents or buyers, insurance agents, persons authorized to enter under possessing a controlled substance or drug parapher- your rental application, or our representatives may peacefully enter nalia; engaging In or threatening violence; possessing the apartment at reasonable times for reasonable business purposes. a weapon prohibited by state law; discharging a firearm If nobody is in the apartment, then any such person may enter peace- in the apartment community; or, except when fully and at reasonable times (by breaking a window or other means allowed by law, displaying or possessing a gun, knife, when necessary) for reasonable business purposes if written notice of or other weapon in the common area, or in a way that the entry is leftin a conspicuous place in the apartment immediately may alarm others; after the entry. We are under no obligation to enter only when you are present, and we may, but are not obligated to, give prior notice or (b) behaving in a loud, obnoxious or dangerous manner; make appointments. Page 3 of6 I ‘tment Lease Contract ©2022, Texas Apartment Association, Inc. 219219098 29939092, 15. Requests, Repairs and Malfunctions. Texas Property Code secs. 92.151, 92.153, and 92.154 require, with some exceptions, that we provide at no cost to you when occupancy 15.1. Written Requests Required. ifyou or any occupant needs begins: (A) a window latch on each window; (8) a doorviewer (peep- to send arequest—for example, for repairs, installations, hole or window) on each exterior door; {C) a pin lock on each sliding services, ownership disclosure, or security-related matters— door; (D) either a door-handie latch or a security bar on each sliding it must be written and delivered to our designated door; (E) a keyless bolting device (deadbolt) on each exterior door; representative in accordance with our Community Policies and (F) either a keyed doorknob lock or a keyed deadbolt lock on {except for fair-housing accommodation or modification one entry door. Keyed locks will be rekeyed after the prior resident requests or situations involving imminent danger or threats to moves out. The rekeying will be done either before you move in or health or safety, such as fire, smoke, gas, explosion, or crime in within 7 days after you move in, as required by law. If we fail to in- rogress). Our written notes regarding your oral request do stall or rekey security devices as requiredby law, you have the right not constitute a written request from you. Our complying todo soand deduct the reasonable cost from your next Rent pay- with or responding to any oral request doesn’t waive the strict ment under Texas Property Code sec, 92.165(1). We may deactivate requirement for written notices under this Lease. A request ornotinstall keyless bolting devices on your doors if (A) you oran for maintenance or repair by anyone residing in your occupantin the dwelling is over55 or disabled, and (B) the require- apartment constitutes a request from all residents. The time, ments of Texas Property Code sec. 92.153(e) or (f} are satisfied. manner, method and means of performing maintenance and repairs, including whether or which vendors to use, 18.1. Smoke Alarms and Detection Devices. We'll furnish are within our sole discretion. smoke alarms or other detection devices required by law or city ordinance. We may install additional detectors 15.2. Your Requirement to Notify. You must promptly notify us in not so required. We'll test them and provide working writing of air conditioning or heating problems, water leaks or batteries when you first take possession of your moisture, mold, electrical problems, malfunctioning lights, apartment. Upon request, we'll provide, as required by broken or missing locks or latches, or any other condition that law, a smoke alarm capable of alerting a person with a poses a hazard or threat to property, health,or safety. Unless hearing impairment. we instruct otherwise, you are required to keep the apartment cooled or heated according to our Community You must pay for and replace batteries as needed, Policies. Air conditioning problems are normally not unless the law provides otherwise. We may replace dead emergencies. or missing batteries at your expense, without prior notice to you. Neither you nor your guests or occupants may 15.3. Utilities. We may change or install utility lines or disable alarms or detectors. if you damage or disable the equipment serving the apartment if the work is done smoke alarm or remove a battery without replacing it reasonably without substantially increasing your with a working battery, you may be liable to us under utility costs. We may turn off equipment and interrupt Texas Property Code sec. 92.2611 for $100 plus one utilities as needed to perform work or to avoid month’s Rent, actual damages, and attorney’s fees. property damage or other emergencies. If utilities malfunction or are damaged by fire, water, or similar 18.2. Dutyto Report. You must immediately report to us any cause, you must notify our representative immediately. missing, malfunctioning or defective security devices, smoke alarms or detectors. You'll be liable if you fail to 15.4. Your Remedies. We'll act with customary diligence to report malfunctions, or fail to report any loss, damage, or make repairs and reconnections within a reasonable fines resulting from fire, smoke, or water. time, taking into consideration when casualty-insurance proceeds are received. Unless required by statute after 19, Resident Safety and Loss. Untess otherwise required by law, none a casualty loss, or during equipment repair, your Rent of us, our employees, agents, or management companies are liable will not abate in whole or in part. “Reasonable time” to you, your guests or occupants for any damage, personal injury, accounts for the severity and nature of the problem and Joss to personal property, or loss of businessor personal income, the reasonable availability of materials, labor, and from any cause, induding but not limited to: negligent or intention- utilities. ifwe fail to timely repair a condition that alacts of residents, occupants, or guests; theft, burglary, assault, materially affects the physical health or safety ofan vandalism or other crimes; fire, flood, water leaks, rain, hail, ice, ordinary resident as required by the Texas Property Code, snow, smoke, lightning, wind, explosions, interruption of utilities, you may be entitled to exercise remedies under § 92.056 pipe leaks orother occurrences unless such damage, injury or lossis and § 92.0561 of the Texas Property Code. if you follow caused exclusively by our negligence. the procedures under those sections, the following We do not warrant security of any kind. You agree that you will not remedies, among others, may be available to you: rely upon any security measures taken by us for personal security, (1) termination of the Lease and an appropriate refund and that you will call 911 and local law enforcement authorities if any under 92.056(f); (2) have the condition repaired or security needs arise. remedied according to § 92.0561; (3) deduct from the Rent the cost of the repair or remedy according to § 92.0561; You acknowledge that we are not equipped or trained to provide and 4) judicial remedies according to § 92.0563. personal security services to you, your guests or occupants. You rec- ognize that we are not required to provide any private security ser- 16. Our Right to Terminate for Apartment Community Damage or vices and that no security devices or measures on the property are Closure. ff, in our sole judgment, damages to the unit or building are fail-safe. You further acknowledge that, even ifan alarm or gate ame- significant or performance of needed repairs poses a danger to you, nities are provided, they are mechanical devices that can malfunc- we may terminate this Lease and your right to possession by giving tion. Any charges resulting from the use of an intrusion alarm will be you at least 7 days’ written notice. If termination occurs, you agree charged to you, including, but not limited to, any false alarms with ‘we'll refund only prorated rent and all deposits, minus lawful deduc- police/fire/ambulance response or other required city charges. tions. We may remove your personal property if, in our sole judg- ment, it causes a health or safety hazard or impedes our ability to 20. Condition of the Premises and Alterations. make repairs. 20.1. As-Is. We disclaim all implied warranties, You accept the 16.1. Property Closure. We also have the right to terminate apartment, fixtures, and furniture as is, except for this Lease and your right to possession by giving you at conditions materially affecting the health or safety of least 30 days’ written notice of termination if we are ordinary persons. You'll be given an Inventory and demolishing your apar