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  • Williams Way Apartments LLC
vs
Kendrya Perry and All OccupantsEvictions document preview
  • Williams Way Apartments LLC
vs
Kendrya Perry and All OccupantsEvictions document preview
  • Williams Way Apartments LLC
vs
Kendrya Perry and All OccupantsEvictions document preview
  • Williams Way Apartments LLC
vs
Kendrya Perry and All OccupantsEvictions document preview
  • Williams Way Apartments LLC
vs
Kendrya Perry and All OccupantsEvictions document preview
  • Williams Way Apartments LLC
vs
Kendrya Perry and All OccupantsEvictions document preview
  • Williams Way Apartments LLC
vs
Kendrya Perry and All OccupantsEvictions document preview
  • Williams Way Apartments LLC
vs
Kendrya Perry and All OccupantsEvictions document preview
						
                                

Preview

Williams Way Apartments LLC, IN THE JUSTICE COURT OF FORT BEND COUNTY, TEXAS 5131 Williams Way Blvd - 4212 PLAINTIFF'S ORIGINAL PETITION FOR FORCIBLE DETAINER TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Williams Way Apartments LLC, hereinafter referred to as Plaintiff, complaining Kendrya Perry, And/Or All Occupants (hereinafter referred to as Defendant(s)) of 5131 Williams Way Blvd - 4212, Richmond, TX 77469 (hereinafter referred to as the Subject Property). Plaintiff brings this its Forcible Detainer action, and for 1 This court has jurisdiction of this case pursuant to Rule 510 of the Texas Rules of Civil Procedure, and Section 24 of the Texas Property Code. Venue is properly in this court as said Subject Property lies within the 2. Defendant(s) may be served with citation at 5131 Williams Way Blvd - 4212, Richmond, TX 77469 (the Subject Property). Plaintiff states that it knows of no other home or work address for the Defendant(s) in Fort Bend County. If personal service cannot be had upon Defendant(s) or an occupant of the Subject Property, Plaintiff exas Rules of Civil Procedure. 3. Plaintiff would show unto this Court on or about 03/22/2024, Defendant(s) entered into a residential lease agreement, including all addendums, (hereinafter referred to as the Lease) concerning the Subject Property, including, but not limited to, all storage units and garages, (See Exhibit 1). Plaintiff is the owner, lessor, landlord and/or its successor interest of the above referenced Subject Property, or its authorized representative. The monthly 4 Defendant(s) have defaulted under the terms of the Lease by failing to make the contractually due monthly rental payments. As of the date of Plaintiff's Petition, and based on review of documents provided by the Plaintiff, the amount due and unpaid is: $1,746.15. 5. As a result of Defendant(s)'s default under the Lease, Plaintiff has terminated the Defendant(s)' right to occupy the Subject Property and, in compliance with Texas Property Code 24.005, on or around 06/19/2024 caused to be provided to Defendant(s) written notice to vacate the Subject Property within the required deadline of said notice and demand for possession. See Exhibit 2. 6 On information and belief, Defendant(s) have failed, neglected, and refused to vacate the Subject Property. 7 Plaintiff is entitled to recover attorney fees pursuant to the Lease and Texas Property Code § 24.006(b) All condition precedent to Plaintiff's recover of possession of the Subject Property have been performed WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendant(s) be cited to appear and answer, and that on final trial: ii. Possession of the Subject Property be awarded to Plaintiff, including, but not limited to, all storage iii. Plaintiff recover from Defendant any and all unpaid accrued rents, late fees, attorney's fees, maintenance charges, and other charges allowed under the Lease; AND iv. Plaintiff recovers such other and further relief, both general and special, at law or in equity, to which it may show himself justly entitled. JACK O'BOYLE & ASSOCIATES, PLLC Dias bgp 4620 Woodland Corporate Blvd Tampa, FL 33614 texasteam@possessionpartner.com Chris Ferguson | SBN: 24069714 P.O. Box 815369 Dallas, Texas 75381 PLAINTIFF'S ORIGINAL PETITION The law firm of Jack O'Boyle and Associates, PLLC has been employed by the Plaintiff in this matter to secure possession of the real property described in Plaintiff's Original Petition. I have authority on behalfof the Plaintiff to make the verification below and it is based on information and documents available to me, through the Plaintiff or its authorized servicing agent, as of the date below. CERTIFICATE OF LAST KNOWN ADDRESS Pursuant to Verification below, the undersigned certifies that the last known mailing address of the Defendant named in the foregoing Original Petition was 5131 Williams Way Blvd - 4212, Richmond, TX 77469. VERIFICATION STATE OF TEXAS § Dallas County § Before me, the undersigned notary, on this day personally appeared Chris Ferguson, the affiant, whose identity is known to me. After I administered an oath, affiant testified as follows: "My name is Chris Ferguson. I am capable of making this verification. I have reviewed and read Plaintiff's Original Petition. The facts stated in it are within my personal knowledge after receiving and reviewing documents and information provided to me by the Plaintiff. Based on my review of those documents and information, the material facts in the foregoing: 1. Plaintiff's Original Petition: and 2. Certificate of Last Known Address are true and correct." hacer Por9-—$— Chris Ferguson SWORN TO AND SUBSCRIBED BEFORE ME by the said Chris Ferguson on the 2nd day of July 2024. MEGAN NGHI TRAN ory Pubic, Stateot Texas] pire 08-12-2024 M4) J ) a ay 1D 132618682 Notary Public in and for The State of Texas See Exhibit 3 This page is intentionally blank. Exhibit 3 Affidavit of Military Status Williams Way Apartments LLC PEACE COURT 5131 Williams Way Blvd - 4212 FORT BEND COUNTY, TEXAS. AFFIDAVIT OF NON-MILITARY STATUS. STATE OF TEXAS PERSONALLY APPEARED before me, the undersigned, who being duly sworn, deposes and says that he is familiar with the matter, and on information and belief based on the hereinafter enumerated facts: 1 DEFENDANT KENDRYA PERRY, : IS NOT ON ACTIVE DUTY IN THE MILITARY SERVICE AND/OR IS NOT SUBJECT TO THE SERVICE MEMBERS CIVIL RELIEF ACT, as determined by: IS ON ACTIVE MILITARY DUTY AND/OR IS SUBJECT TO THE SERVICE MEMBERS CIVIL RELIEF ACT, as DEFENDANT HAS WAIVED HIS RIGHTS UNDER THE SERVICE MEMBERS CIVIL RELIEF ACT MILITARY STATUS IS UNABLE TO BE DETERMINED AT THIS TIME. Additionally, I am unable to determine the military status of any unnamed or unknown occupants as I do not have sufficient FURTHER AFFIANT SAYETH NOT." Chris Ferguson | SBN: 24069714 P.O. Box 815369 Dallas, Texas 75381 texasteam@possessionpartner.com SWORN TO AND SUBSCRIBED BEFORE ME by the said Chris Ferguson on July 02, 2024 (EGAN NGHI TRAN ry Publi, State of Texas 1 Expires 08-12-2024 Mig Notary 1D 132618862 The State of Texas Exhibit 3a SCRA Certificate(s) Department of Defense Manpower Data Center Results as of : Jun-14-2024 04:18:45 PM ‘SCRA 5.20 Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-7390 Birth Date: mmE-XX-1974 Last Name: PERRY First Name: KENDRYA Middle Name: Status As Of. Jun-14-2024 Certificate ID 9Q6R3NB4F84BY86 (On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status ‘Service Component NA No This response reflects the individuals’ active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date ‘Status ‘Service Component NA No This response reflects where the individual let active duty status within 967 days preceding the Active Duty Status Date “The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date (Order Notification Start Date (Order NotificationEnd Date ‘Status ‘Service Component No This response ‘or hisher unit has jearly. 10 report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Sam pruggedh Sam Yousefzadeh, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Alexandria, VA 22350 1144506338GKIA=>1=>874 102 the Soldiers’ and Sailors’ Civil Relief Act of 1940) DMDC has issued hundreds of thousands of "does not possess any information indicating that the 1144506338GKJA=>1=& gt;874102 Exhibit 2 Notice to Vacate NOTICE TO VACATE FOR NON-PAYMENT OF RENT, UTILITIES OR OTHER SUMS Kendrya Perry June 19, 2024 Date Re: Notice to vacate for non-payment of rent, utilities or other sums (Names of all residents) TAA Lease between the residents named above and 5131 Williams Way Blvd Apt 4212 Williams Way Apartments LLC (Street address and dwelling unit number, if applicable) Richmond, TX 77469 (City, State, Zip) (owner) Dear Resident(s): Because you have not paid &) rent, C allocated or submetered utilities, Q a utility bill for which you are responsible and/or Q other sums due under the lease on your dwelling unit, your rights of occupancy and possession are hereby terminated under the provisions of your lease. You are still liable for rent and other char ges you may owe under the TAA Lease. Details of unpaid sums due are as follows: $1,804.24 Demand for possession is hereby made. You are hereby y given notice to vacate the dwelling on or before 22 day of e 2024 11:59 p.m. on the _. If you fail to move out by that time, we will file an eviction against you in Justice of the Peace court in compliance with Chapter 24 of the Texas Property Code. The court will then schedule a hearing to consider the facts in the case. Delay or postponement by us to take such action does not waive our rights. This notice to vacate is unconditional. If you wish to discuss this notice or you vacating the dwelling, ple; us. 06/19/2024 Date notice was given Signature of owner's representative Wanda Ellis Printed name (281) 232-7884 Phone number wellis@aogliving.com Email address CAUTION: Texas law has strict rules about the content and delivery of this notice. If you fail to fill out and deliver this notice Correctly, it could be invalid. You should carefully read the commentary to the form. ‘Texas Apartment Association Exhibit 1 Lease nsw This Lease is valid only if fill/d out before January 1, 2026. VENAS APARTMENT ASSOCIATION Apartment Lease Contract a a This is a binding contract. Read carefully before signing. This Lease Contract (“Lease”) is between the resident(s) as listed below and us. The terms “you” and “your” refer to all residents. The terms “we,” “us,” and “our” refer to the owner listed below. PARTIES Residents Kendrya Perry Owner Williams Way Apartments LLC Occupants Kailey Perry LEASE DETAILS ‘A. Apartment (| 2) Street Address: 5131 Williams Way Blvd ‘Apartment No. 4212 City: Richmond State: TX Zi 77469 tial Lease Term. Begins: 03/22/20: Ends at 11:59 pm. on: 03/21/2025 . Monthly Base Rent (Par. 3) E. Security Deposit (Par. 5) F. Notice of Termination or Intent to Move Out (f 4) $ 600.00 ‘Aminimum of days’ written notice of $ 1633.00 termination or intent to move out required at end of initial Lease term or during renewal period Note that this amount does not D. Prorated Rent include any Animal Deposit, which If the number ofdays isn’t filled in, notice of at least 30 days $ 526.77 be reflectedin an Animal isrequired. 0 due for the remainder of Ist month or O for 2nd month G. Late Fees ( 3.3) Initial Late Fee Daily Late Fee a 5_ _ % of one month's monthly base rentor a 2: % of one month's monthly base rent for 5 __ daysor os os for days Due if rent unpaid by 11:59 p.m. on the 3rd Grd or greater) day of the month H. Returned Check or Rejected J. Early Termination Fee Option (Par. 7.2) K. Violation Charges ment Fee (Par. 3.4) $3150 $ 100.00 Noticeof 60 daysis required. Animal Violation (Par. 12.2) Initial charge of § 100 . 00 per animal (not You are not eligible for early terminationif to exceed $100 per animal) and |. Reletting Charge (Par. 7.1) you are in default. Adaily charge of $ 10.00 per animal Fee must be paid no later than 45 (not to exceed $10 per day per animal) Areletting charge of $ 1462.77 days after you give us notice (not to exceed 85% of the highest {any values or number of days are blank or “0,” Insurance Violation (Master Lease Addendum ‘monthly Rent during the Lease term) then this section does not apply. or other separate addendum) maybe charged in certain default § 25.00 situations L. Additional Rent - Monthly Recurring Fixed Charges. You will pay separatelyfor these items as outlined below and/or in separate addenda, ‘Special Provisions or an amendment to this Lease. Animal rent $ 25.00 Cable/satellite $0.00 Internet $0.00 Package service $ Pest control $5.00 Stormwater/drainage §. Trash service $ 28.00 Washer/Dryer Other: ; Rent billing fee 5 4.90 Other: ; Amenities $25 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) N. Other Charges and Requirements. You will pay separately for these items or comply with these requirements as outlined in a Master Lease ‘Addendum, separate addenda or Special Provisions. Initial Access Device: $ ‘Additional or Replacement Access Devices: $ Required Insurance Liability Limit (per occurrence): $ 100000 . 00 ‘Special Provisions. See Par. 32 or additional addenda attached. This Lease cannot be changed unless in writing and signed by you and us. ‘Apartment Lease Contract ©2023, Texas Apartment Association. Inc. Page 10f6 [VI Biue Moon eSignature Services Document ID: 428105200 1 Definitions. The following terms are commonly used in this Lease: 4. Automatic Lease Renewal and Notice of Termination. This Lease will automatically renew month-to-month unless either party gives 1. “Residents” are those listed in “Residents” above who sign written notice of termination or intent to move out as required by Par. this Lease and are authorized to live in the apartment. 25 and specified on page 1. Ifthe number of days isn’t filled in, no- 12. “Oceuy 5" are those listed in this Lease who are also autho- tice of at least 30 days is required. rized to live in the apartment, but who do not sign this Lease. Deposit.The total security deposit forall residents is due 13. “Owner” may be identified by an assumed name and is the ‘on or before the date this Lease is signed. Any animal deposit will be owner only and not property managers or anyone else. designated in an animal addendum. Security deposits may not be ap- 14. “Including” in this Lease means “including but not limited to.” pliedto Rent without our prior written consent. 15. “Community Policies” are the written apartment rules and 5a. policies, including property signage and instructionsfor care of our property and amenities, with which you, your toast andmoveDeductions. st as pro You must give us your advance ad pyb Par. and fo ing ‘occupants, and your guests must comply. Inaccordance with this 16. “Rent” is monthly base rent plus additional monthly Lease and asallowed by law, we may deduct from your recurring fixed charges. sacniy dope any enews Soe indr te Loess A 17. “Lease” includes this document, any addenda and attachments, Community Policies and Special Provisions. ‘Upon receipt ofyour move-out Apartment. You are leasing the apartment listed above for use asa date and forwarding address in writing, the security deposit private residence only. will be returned (less lawful deductions) with an itemized 2A. Access. In accordance with this Lease, you'll receive access accounting of any deductions, no later than 30 days after information or devices for your apartment and mailbox, and surrender or abandonment, unless laws provide otherwise. other access devices including: gate remote ‘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 Insurance. Our insurance doesn’t cover the loss of or damage to relating to the apartment are only approximationsor your | property. You will be required to have liability insur- estimates; actual dimensions and sizes may vary. ance as specified in this Lease unless otherwise prohibited by law. If 2.3. Representations. You agree that designations or accredi- you have insurance covering the apartment or your personal belong- tations associated with the property are subject to change. ings at the time you or we suffer or allegea loss, you agree to require your insurance carrier to waive any insurance subrogation rights, Rent. You must pay your Rent on or before the 1st day of each Even if not required, we urge you to obtain your own insurance for month (due date) without demand. There are no exceptions losses due totheft, fire, flood, water, pipe leaks and similar occurrenc- rege the payment of Rent, and you agree not paying Rent on es. Most renter’s insurance policies don’t cover losses due to a flood. or before the Ist of each month is a material breach of this Lease. 7 Reletting and Early Lease Termination. This Lease may not be ter- 3A Payments. You will pay your Rent by any method, manner minated early except as provided in this Lease. and place we specify in accordance with this Lease. 7A. Charge. You'll be liable fora reletting charge as Cashis not acceptable without our prior written listed in Lease Details, (not to exceed 85% of the highest permission. You cannot withhold or offset Rent unless monthly Rent during the Lease term) if you: (A) fail to move in, ‘authorized by law. We may, at our option, require at any oF fail to give written move-out notice as required in Par. 25; time that you pay Rent and other sums due in one single (8) move out without paying Rent in full for the entire Lease payment by any method we specify. term or renewal period; (C) move out at our demand because 3.2, ‘Application of Payments. Payment of each sum due is an cof your default; or (0) are judicially evicted. The reletting independent covenant, which means payments are due charge is not.a termination, cancellation or buyout fee and regardless of our performance. When we receive money, does not release you from your obligations under this Lease, ‘other than water and wastewater payments subject to including liability for future or past-due Rent, charges for ‘government regulation,we may apply it at our option and damages or other sums due. without notice first to anyof your unpaid obligations, then The reletting charge isa liquidated amount covering only toaccrued rent. We may do so regardless of notations on part of our damages—for our time, effort, and expense in checks or money orders and regardless of when the finding and processing a replacement resident. These obligations arose. All sums other than Rent and late fees are damages are uncertain and hard to ascertain—particularly due upon our demand. After the due date, we do not have those relating to inconvenience, paperwork, advertising, to accept any payments. showing apartments, utilities for showing, checking pros- 3.3. Late Fees. If we don't receive your monthly base rent in full pects, overhead, marketing costs, and locator-service fees. when it’s due, you must pay late fees as outlined in Lease Details. You agree that the reletting charge isa reasonable estimate 34. Returned Payment Fee. You'll pay the fee listed in Lease of our damages and that the charge is due whether or not our Details for each returned check or rejected electronic reletting attempts succeed. yyment, plus initial and daily late fees if applicable, until 72. Early Lease Termination Option Procedure. In addition to ‘we receive full payment in an acceptable method. your termination rights referred to in 73 or 8.1 below, if this 3.5. Utilities and Services. You'll pay for all utilities and services, provision applies under Lease Details, you may opt to related deposits, and any charges or fees when they are due terminate this Lease priorto the end of the Lease term ifallof and as outlined in this Lease. Television channels that are the following occur: (a) as outlined in Lease Details, you give provided may be changed during the Lease term if the us written notice of early termination, pay the Early Termina- change applies to all residents. tion Option fee in full and specify the date by which you'll your electricity is interrupted, you must use only battery- ‘move out; (b) you are not in default at any time and do not ‘operated lighting (no flames). You must not allow any hold over; and (c) you repay all rent concessions, credits or Utilities (other than cable or Internet) to be cut offor discounts you received during the Lease term. If you are in switched for any reason—including disconnection for not default, the Lease remedies apply. paying your bills—until the Lease term or renewal period 73. ‘Special Termination Rights. You may have the right under ends. Ifa utility is individually metered, it must be connected Texas law to terminate this Lease early in certain situations in your name and you must notify the provider of your move- involving | ‘deployment or transfer, family violence, out date. Ifyou delay getting service turned on in your name certain sexual offenses, stalking or death of a sole resident. by this Lease's start date or cause it to be transferred back into Delay of Occupancy. We are not responsible for any delay of your our name before you surrender or abandon the apartment, ‘occupancy caused by construction, repairs, cleaning, or a previous you'll be liable for the charge listed above (not to exceed $50 resident's holding over, This Lease will remain in force subject to. per billing period), plus the actual or estimated cost of the (1) abatement of Rent on a daily basis during delay, and (2) your right Utilities used while the utility should have been billed to you. to terminate this Lease in writing as set forth below. Rent abatement If your apartment is individually metered and you change and Lease termination do not apply if the delay is for cleaning or re- your retail electric provider, you must give us written notice. pairs that don't prevent you from moving into the apartment. You must payall applicable provider fees, including any fees 81. Termination. if we give written notice to you of a delay in to change service back into our name after you move out. ‘occupancy when or after this Lease begins, you may termi- 3.6. Lease Changes. Lease changes are only allowed during the nate this Lease within 3 days after you receive written notice. Llease term or renewal period if governed by Par. 10, specified IF we give you written notice before the date this Lease begins in Special Provisions in Par. 32, or by a written addendum or ‘amendment signed by you and us. Ator after the end of the and the notice states that a construction or other delay is, initial Lease term, Rent increases will become effective with at expected and that the apartment will be ready for you to least 5 days plus the number of days’ advance notice contained ‘occupyon a specific date, you may terminate this Lease within in Box F on page 1 in writing from us to you. Your new Lease, 7 days after receiving written notice. ‘which may include increased Rent or Lease changes, will begin After proper termination, you are entitled only to refund of on the date stated in any advance notice we provide (without ‘any deposit(s) and any Rent you paid. needing your signature) unless you give us written notice under Par. 25, which applies only to the end of the current Lease term or renewal period. ‘Apartment Lease Contract ©2023, Texas Apartment Ay Page 20f6 [v] Blue Moon eSignature Services Document ID: 428105200 ] 9. Care of Unit and Damages. You must prompt ly us pay or reimburse (© disturbing or threatening the rights, comfort, health, safety, forloss, damage, consequential damages, government fines or charg- cor convenience of other, incuding us our agentsor our es, or cost of repairs or service in the apartment community because representatives; of a Lease violation; improper use, negligenc e, conductby or other (@) disrupting our business operations; you, your invitees, your occupants, or your quests;or, as allowed by {storing anything in closets containing water heaters or law, any other cause not due to our neglig ence or fault, except for gas appliances; damages by acts of God to the extent 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- (a) 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’ {(h) using windows for entry or exit; objects in lines exclusively serving your apartment; (B) damage to doors, windows, or screens; and (C) windows or doors (heating the apartment with gas-operated appliances, leftopen. (making bad-faith or false allegations against us or our agents to others; 10. Community Policies. Community Policies becom part ofethis (smoking of any kind, that is not in accordance with this ise and must be followed.We may make changes, including addi- tions, to our written Community Policies, and those changes can be- (using glass containers in or near pools; or come effective immediately if the Community Policies are distributed and applicable to all units in the apartment community and do not (m) conducting any kind of business (including child-care change the dollar amounts owed under this Lease. services) in your apartment or in the apartment ‘community—except for any lawful business 10.1. Photo/Video Release. You give us permission to use any 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 kindare allowed, even tempo- but are not obligated to, share and use information related rarily, anywhere in the apartmentor ‘communityun- to this Lease for law-enforcement, governmental, or business less we've given written permission. If we allow an animal, you must purposes, At our request, you authorize any utility provider to sign a separate Animal Addendum and, except as 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 for an assistance or sup- violating the law, violating this Lease or our Community port animal, 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 124. Removal of Unauthorized Animal. We may removean ‘Outside area or common area anyone who refuses to show unauthorized animal by (1) leavin« a conspicuous photo identification or refuses to identify himself or place in the apartment, a written notice of our intent to herself s 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 turn the animal over to a humane society, local authority apartment for more than 3 days in one week Cr rescue 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, 10.4. Notice of Convictions and Registration. You must won't be liable for loss, harm, sickness, or death of the notify us within 15days if you or any of your occupants: animal unless due to our negligence. You must pay for (A)are convicted of any felony, (8) are convicted of any the animal's reasonable care and kenneling charges. misdemeanor involving a controlled st » violenceto 12.2. Violations of Animal Policies and Charges. If you or another person, or destruction of property, or (C) register as a any guest or occupant violates the animal restrictions of sex offender. Informing us ofa criminal conviction or this Leaseor our Community Policies, you'llbe 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, Noise and Construction. You agree that odors listed in Lease Details from the date the animal was and smells (including those related to cooking), brought into your apartment until it is removed. If an everyday noises or sounds related to repair, renovation, animal has been in the apartment at any time during improvement, or construction in or aroundthe property your term of occupancy (with or without our consent), are all a normal part of a multifamily living environment and welll charge you forall cleaning and repair costs, that itis impractical for us to prevent them from penetrating including defleaing, deodorizing, and shampooing. Initial your apartment. and daily animal-violation charges and animal-removal charges are liquidated damages for our time, nn. Conduct. You agree to communicate and conduct yourself in a law- inconvenience, and overhead in enforcing animal ful, courteous and reasonable manner at all times when interacting restrictions and Community Policies. with us, our representatives and other residents or occupants. Any acts of unlawful, discourteous or unreasonable communication or 13, Parking. You may not be guaranteed parking. We may regulate the conduct by you, your occupants or guests is a breach of this Lease. time, manner, and place of parking of all motorized vehicles and other modes of transportation, including bicycles and scooters, in You must use customary diligence in maintaining the apartment, this Lease. In addition to other rights we have to tow or boot vehicles keeping itin a sanitary condition and not damaging or littering the under state law, we also have the right to remove, at the expense of ‘common areas. Trash must be disposed of at least weekly. You will the vehicle owneror operator, any vehicle that is not in compliance use your apartment and all other areas, including any balconies, with with this Lease. reasonable care. We may regulate the use of passageways, patios, balconies, porches, and activities in common areas. “. When We May Enter. If you or any other resident, guest or occupant is present, then repair or service persons, contractors, law officers, ma. Prohibited Conduct. You, your occupants, and your guests ‘