Preview
Case No.
Jom, Sie Zh 004 In the Justice Court
Plaintiff(s)/Landlord(s)
Precinct Place
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Kalin fathom, Syd Fort Ben El WIE
Defendant(s/Tenant(s)
LaToya _prefelle Sm State of JUL -2 2024
L
COMPLAINT for EVICTION JUSTICE COURT PCT. 3
FORT BEND COUNTY TX
TO THE HONORABLE a 4 Dea PEACE:
‘S NOW “9 a herein referred to as Plaintiff, and files this complaint against
vw Smithy F tae on Defendant(s) nd all occupants of the premises described herein
and respectfully shows the Court the following.
1, COMPLAINT. Plaintiff, being duly sworn on oath, files this written complaint against the above named Defendant(s) to
evict Defendant(s) from Plaintiff's premises, which is located in the above precinct and which is described
& T2be
SIA Waclorg Bromch bn Sugar Lord Tk 74749 6
Street Address Apt No City State ZIP Code SiR HONE #
ue) -9S8
2. SERVICE OF CITATION. Plaintiff requests service of citation on defendant(s) by personal service at the above
goesriped, ae oo oer ad a of defendagtis) d in the waite lease agreementare re sg1ONSOh
Kromc 7247 &0- ROE
ait so Apt No City State ZIP Code a #
Landlord knows no other work or residence addresses for Tenant(s).
3. GROUNDS FOR EVICTION. Defendant(s) have violated the rental agreement between plaintiff and defendant(s) by:
(check one) \/fhon-payment of rent. holding over or non-rent default
4. NOTICE TO VACATE.
By: (check one)
Written notice (0 vacate and demand for posse: SSI
© Certified Mail or Y Delivery in person, witnessed by
sna pon ¢ fee fp
5. JUDGMENT REQUESTED. Plaintiff requests judgment for plaintiff and against defendant(s) for possession of the
premises and for issuance of a writ of bese ssion, plus and all court costs. Additionally, plaintiff requests judgment for
back rent in the amount of §. as calculated at time of filing, and plaintiff also seeks judgment for rent
accruing from the date of filing and bec ing due thereafter, reasonable Attorney's fees in the amount of $.
Tf edk
plus all costs of court and post-judgment interest at the highest leg:
The Court may send any notice to plaintiff
Via U.S mail, telephone or fi z as follows: Plaintiff/Laddlord” 7 7
3. Haber Ui
Street Address Plaintiff's Authorized Agent/Attorney
Sng lind TE 47)
_) Ray
City State Zip Code Print name or title
B32-443 49 above is the signature of: (check one)
Phone Number Fax Number laintiff (1 Authorized Agent or Plaintiff's Attomey
SWORN 10 and SUSCRIBED before me nis day of JIALY 24
In,
aa Vale
(Seal)
of co&
Ss 4aN) Notary Public in andor State of Texayy Clerk of Court
Huw
no ey
=
oss
Case No.
In the Justice Court, Precinct4, Fort Bend County, Texas
Sag J Zhang VS
nelvinb. Seth # LaToyaSte Wh
Plaintiff Defendant
AFFIDAVIT OF MILITARY STATUS OF DEFENDANT(S)
Before me, the undersigned authority, on this day personally appeared:
Who, under penalty of ee Som
ine and/or
Zhang
to one year in jail), state the following:
My name is.
lam 0 the plaintiff or 0 Attorney of record or authorized agent of the plaintiff.
| am capable of making this affidavit. The facts stated in the affidavit are within
my personal knowledge and are true and correct.
(check one)
Q Defendant is not in the military.
a Defendant is in the military service, | know this because
wi am unable to determine whether or not the Defendant is in military service.
— and
Tenant(s): Melvin Anthony Smith , LaToya Michelle Smith
PROPERTY: Landlord leases to Tenant the following real property:
Address: 4519 Hickory Branch Ln, Sugar Land, TX_77479
legally described as: Millwood At Riverstone Sec 3, Block 1, Lot 10
in Fort Bend County, Texas, together with the following non-real-property
items: washer and dryer.
The real property and the non-real-property are collectively called the "Property".
TERM:
A. Primary Term: The primary term of this lease begins and ends as follows:
Commencement Date: June 1, 2018 Expiration Date: May 31, 2019
Tenant must occupy the Property within 5 days after the Commencement Date. If Tenant is
unable to occupy the Property by the 5th day after the Commencement Date because of construction on the
Property or a prior tenant's holding over of the Property, Tenant may terminate this lease by giving written notice
to Landlord before the Property becomes available to be occupied by Tenant, and Landlord will refund to Tenant
the security deposit and any rent paid. Landlord will abate rent on a daily basis for a delay caused by construction
or a prior tenant's holding over. This paragraph does not apply to any delay in occupancy caused by cleaning,
repairs, or make-ready items.
AUTOMATIC RENEWAL AND NOTICE OF TERMINATION: This lease automatically renews on a month-to-month
basis unless Landlord or Tenant provides the other party written notice of termination as provided in Paragraph 4A.
Oral notice of termination is not sufficient under any circumstances. Time is of the essence for providing notice of
termination (strict compliance with dates by which notice must be provided is required). The date on which rent is due
does not apply to the requirement for providing written notice of termination. If a box is not checked under Paragraph
4A, Paragraph 4A(1) will apply. If a box is not checked under Paragraph 4B, Paragraph 4B(1) will apply.
A. This lease automatically renews on a month-to-month basis unless Landlord or Tenant provides the other party
written notice of termination not less than: (Check only one box.)
(1) 30 days before the Expiration Date.
@) days before the Expiration Date.
ME
(TAR-2001) 02-01-18 Tenants|
rer Sar & Landlord or Landlord's Representative: dA VL Page 1 0f 16
Greenwood King Properties - Corporate, 1616 5 Voss Sate 900 Houston, TX 77057 Phong: 9812982188 Fax: doy Zhang and
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4519 Hickory Branch Ln
Residential ease concerning: Sugar Land, TX 77479
If Landlord or Tenant fails to provide the other party timely written notice of termination as required by paragraph
4A, the lease automatically renews on a month-to-month basis. The Landlord or Tenant then must provide a
subsequent written notice of termination as required by paragraph 4B.
If this lease automatically renews on a month-to-month basis, it will continue to renew on a month-to-month basis
until either party provides written notice of termination to the other party and the notice of termination will be
effective: (Check only one box.)
IX] (1) on the last day of the month following the month in which the notice is given. Landlord is not obligated to
prorate rent even if Tenant surrenders the Property before the termination date.
C1 @) on the date designated in the notice but not sooner than 30 days after the notice is given and, if necessary,
rent will be prorated on a daily basis.
RENT:
A Monthly Rent: Tenant will pay Landlord monthly rent in the amount of $ $2,300.00 for each full month
during this lease. The first full month's rent is due and payable not later than UPON EXECUTION
by (select one or mora): [X|cashier's check [XJelectronic payment []money order [x[personal check or
[x]other means acceptable to Landlord.
Thereafter, Tenant will pay the monthly rent so that Landiord receives the monthly rent on or before
(check only one box):
(1) the first day of each month during this lease.
(2) NIA
Weekends, holidays, and mail delays do not excuse Tenant's obligation to timely pay rent.
Prorated Rent: On or before Tenant will pay Landlord $ as
prorated rent from the Commencement Date through the last day of the month in which this lease begins.
: Unless this lease provides otherwise, Tenant will remit all amounts due to Landlord under this
lease to the following person or entity at the place stated and make all payments payable to the named person or
entity. Landlord may tater designate, in writing, another person or place ta which Tenant must remit amounts due
under this lease.
Name: Jay Zhang
Address: 13 Harbor View Dr
Sugar Land, TX 77479
Notice: Place the Property address and Tenant's name on all payments.
ent:
(1) Tenant must pay all rent timely and without demand, deduction, or offset, except as permitted by law or this
lease.
(2) Time is of the essence for the payment of rent (strict compliance with rental due dates is required).
(3) Unless the parties agree otherwise, Tenant may not
more): [X] cashier's check [X]electronic payment
acceptable to Landlord. Landlord [_]may or
id
y rent in cash and will pay all rent by
money order [X]personal check or
elect one or
other means
may not charge a reasonable fee to process or accept payment
i
by (select one or more only if Landlord indicates a reasonable fee may be charged): |_|cashier's check
electronic payment money order [_] personal check or [_] other means acceptable to Landlord.
(4) Landlord [x] requires does not require Tenant(s) to pay monthly rents by one payment.
(§) If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant is not honored by the
institution on which it was drawn, Landlord may require Tenant to pay such amount and any subsequent
amounts under this lease in certified funds. This paragraph does not limit Landlord from seeking other
remedies under this lease for Tenant's failure to make timely payments with good funds.
(TAR-2001) 02-01-18 Tenants;
AME
|| ME & Landlord or Landlord's Representative: ddPto. Page 2 of 16
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4519 Hickory Branch Ln
Residential Lease concerning: Sugar Land, TX 77479
E. Rent Increases: There will be no rent increases through the primary term. Landlord may increase the rent that will
be paid during any month-to-month renewal period by providing at least 30 days written notice to Tenant.
6. LATE CHARGES: -
A If Landlord does not actually receive a rent payment in the full amount at the designated place of payment by the
5TH day of each month at 11:59pm, Tenant will pay Landtord for each late payment:
(1) an initial late charge equal to (check one box only)(X](a)$ 35.00 sor [](b) % of one
month's rent; and
(2) additional late charges of $ 50.00 per day thereafter until rent and late charges are paid in full.
Additional late charges for any one payment may not exceed more than 30 days.
Notice: §92.019, Property Code prohibits assessing a late fee until rent has remained unpaid for at least
one full day after the date on which the rent is due.
For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt for Landlord (the
postmark date is not the date Landlord receives the payment). The parties agree that the late charge is based on a
reasonable estimate of uncertain damages to the Landlord that are incapable of precise calculation and result
from late payment of rent. Landlord's acceptance of a late charge does not waive Landlord's right to exercise
remedies under Paragraph 27.
RETURNED PAYMENT: Tenant will pay Landlord $ $50.00 for each payment Tenant tenders to
Landlord which is returned or not honored by the institution on which it is drawn for.any reason, plus any late charges
until Landlord receives payment. Tenant must make any returned payment good by paying such amount(s) plus any
associated charges in certified funds.
APPLICATION OF FUNDS: Regardless of any notation on a payment, Landlord may apply funds received from
Tenant first to any non-rent obligations of Tenant, including but jot limited to, late charges, returned payment charges.
epa brok: ag od tilit be harg nd then to ren
PETS
A. Unless the parties agree otherwise in writing, Tenant may not permit, even temporarily, any pet on the Property
{including but not limited to any mammal, reptile, bird, fish, rodent, or insect). An assistance animal is not
considered a pet.
If Tenant violates this Paragraph 9 or any agreement to keep a pet on the Property, Landlord may take all or any
of the following action:
(1) declare Tenant to be in default of this lease and exercise Landlord's remedies under Paragraph 27;
(2) charge Tenant, as additional rent, an initial amount of $ 250.00 and $ 30.00
per day thereafter per pet for each day Tenant violates the pet restrictions;
(3) remove or cause to be removed any unauthorized pet and deliver it to appropriate local authorities by
providing at least 24-hour written notice to Tenant of Landlord's intention to remove the unauthorized pet; and
(4) charge to Tenant the Landlord's cost to:
(a) remove any unauthorized pet;
(b) exterminate the Property for fleas and other insects;
(c) clean and deodorize the Property's carpets and drapes; and
(d) repair any damage to the Property caused by the unauthorized pet.
(TAR-2001) 02-01-18 Tenants osreuig ME & Landlord or Landlord's Representatives AZ we Page 3 of 16
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4519 Hickory Branch Ln
Residential Lease concerning: Sugar Land, TX_77479
C. When taking any action under Paragraph 9B Landlord will not be liable for any harm, injury, death, or sickness to
any pet.
10. SECURITY DEPOSIT:
A. Security Deposit: On or before execution of this lease, Tenant will pay a security deposit to Landlord in the
amount of § ONE MONTH'S RENT by (select one or more): [X] cashier's check [electronic
payment L_] money order [_]personal check or Jother
| means acceptable to Landlord. "Security deposit" has the
meaning assigned to that term in §92.102, Property Cade, Any additional deposits Tenant pays to Landlord, other
than the security deposit, will become part of the security deposit.
Interest: No interest or income will be paid to Tenant on the security deposit. Landlord may place the security
deposit in an interest-bearing or income-producing account and any interest or income earned will be paid to
Landiord or Landlord's representative.
Refund: Tenant must give Landlord at least thirty (30) days written notice of surrender before Landlord i
ligated fund the securi deposit. efund of the securit deposit will be made payable to
all Tenants named in this lease.
Notices about Security Deposits:
(1) §92.108, Property Code provides that a tenant may not withhold payment of any portion of the last
month's rent on grounds that the security deposit is security for unpaid rent.
(2) Bad faith violations of §92.108 may subject a tenant to liability up to 3 times the rent wrongfully withheld
and the landlord's reasonable attorney's fees.
(3) The Property Code does not obligate a landlord to return or account for the security deposit until the
tenant surrenders the Property and gives the landlord a written statement of the tenant's forwarding
address, after which the landlord has 30 days in which to account.
(4) “Surrender” is defined in Paragraph 16 of this lease.
{5) One may view the Texas Property Code at the Texas Legistature's website which, as of the date shown in
the lower left-hand corner of this form, is http:/Avww.statutes.legis.state.tx.us/.
D. Deductions:
(1) Landiord may deduct reasonable charges from the security deposit for:
(a) damages to the Property, excluding normal wear and tear, and all reasonable costs associated to repair
the Property;
(b) costs for which Tenant is responsible to clean, deodorize, exterminate, and maintain the Property;
(c) unpaid or accelerated rent;
(d) unpaid late charges;
(e) unpaid utilities and utility expenses Landlord incurs to maintain utilities to the Property as required by this
Lease;
(f) unpaid pet charges;
(g) replacing unreturned keys, garage door openers, security devices, or other components;
(h) the removal of unauthorized locks or fixtures installed by Tenant;
(i) Landlord’s cost to access the Property if made inaccessible by Tenant;
{))_ missing or bumed-out light bulbs and fluorescent tubes (at the same location and of the same type and
quality that are in the Property on the Commencement Date);
{k) packing, removing, and storing abandoned property;
{l)_ removing abandoned or illegally parked vehicles;
‘
(TAR-2001) 02-01-18 Tenants4 18. ME & Landlord or Landlord's Representative: d-f 72. Page 4 of 16
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4519 Hickory Branch Ln
Residential Lease concerning: Sugar Land, TX_77479
(m) costs of reletting (as defined in Paragraph 27), if Tenant is in default;
(n) attomey's fees, costs of court, costs of service, and other reasonable costs incurred in any legal
proceeding against Tenant,
(0) mailing costs associated with sending notices to Tenant for any violations of this lease;
(p) any other unpaid charges or fees or other items for which Tenant is responsible under this lease;
(q) cost to restore walls, flooring, landscaping or any alteration to the Property not approved in writing by
Landlord;
(rt) damages to the Property caused by smoking, including but not limited to stains, burns, odors, and
removal of debris; and
(8) costs to rekey certain security devices, as provided in Paragraph 19.
(2) If deductions exceed the security deposit, Tenant will pay to Landlord the excess within 10 days after
Landlord makes written demand.
11. UTILITIES:
A. Tenant will pay all connection fees, service fees, usage fees, and all other costs and fees for all utilities to the
Property (for example, electricity, gas, water, wastewater, garbage, telephone, alarm monitoring systems, cable,
and Internet connections) except the following which Landlord will pay: None
Unless otherwise agreed, amounts under this paragraph are payable directly to the service providers.
Unless provided by Landlord, Tenant must, at a minimum, keep the following utilities on, if available, at all times
this lease is in effect: gas; electricity; water; wastewater; and garbage services.
Notice: Before signing this lease, Tenant should determine if all necessary utilities are available to the
Property and are adequate for Tenant's use.
12. USE AND OCCUPANCY:
A. Qcecupants: Tenant may use the Property as a private residence only. The only persons Tenant may
permit to reside on the Property during the term of this lease are (include names and ages of all
occupants): Kennedy Smith (12) and Kaitlyn Smith (10)
Phone Numbers and E-mail: Tenant must promptly inform Landlord of any changes in Tenant's phone numbers
(home, work, and mobile) and e-mail not later than 5 days after a change.
HOA Rules: Tenant must comply with any owners’ association rules or restrictive covenants affecting the
Property. Tenant will reimburse Landlord for any fines or other charges assessed against Landlord for violations
by Tenant of any owners' association rule or restrictive covenant, and any resulting administrative fees assessed
by Landlord's agents or any other entity as provided by law.
Prohibitions: Unless otherwise authorized by this lease, Tenant may not install or permit any of the following on
the Property, even temporarily: a spa, hot tub, above-ground pool, trampoline, or any item which causes a
suspension or cancellation of insurance coverage or an increase in insurance premiums. Tenant may not permit
any part of the Property to be used for: (1) any activity which is a nuisance, offensive, noisy, or dangerous; (2) the
repair of any vehicle; (3) any business of any type, including but not limited to child care; (4) any activity which
violates any zoning ordinance, owners' association rule, or restrictive covenant; (5) any illegal or unlawful activity;
or (6) activity that obstructs, interferes with, or infringes on the rights of other persons near the Property.
(TAR-2001) 02-01-18 Tenants| - 9572618. ME , & Landlord or Landlord's Representatives A Z,V2- Page 5 of 16
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4519 Hickory Branch Ln
Residential Lease concerning: Sugar Land, TX 77479
£. Guests: Tenant may not permit any guest to stay on the Property longer than the amount of time permitted by any
owners’ association rule or restrictive covenant or 14 days without Landlord's written
permission, whichever is less.
Common Areas: Landlord is not obligated to pay any non-mandatory or user fees for Tenant's use of any common
areas or facilities (for example, pool or tennis courts).
13. PARKING RULES: Tenant may not permit more than 2 vehicles, including but not limited to automobiles,
trucks, recreational vehicles, trailers, motorcycles, all-terrain vehicles, jet skis, and boats, on the Property unless
authorized by Landlord in writing. Tenant may not park or permit any person to park any vehicles in the yard. Tenant
may permit vehicles to be parked only in drives, garages, designated common parking areas, or in the street if not
prohibited by law or an owners' association. Tenant may not store or permit any person to store any vehicles on or
adjacent to the Property or on the street in front of the Property. In accordance with applicable state and local laws,
Landlord may have towed, at Tenant's expense: (a) any inoperative vehicle on or adjacent to the Property; (b) any
vehicle parked in violation of this paragraph or any additional parking rules made part of this lease; or (c) any vehicle
parked in viclation of any law, local ordinance, or owners' association rule. Tenant must promptly inform Landlord of
any changes in Tenant's vehicle information (type, year, make, model, and license plate number including state) not
later than 5 days after a change.
’
14. ACCESS BY LANDLORD:
A. Advertising: Landlord may prominently display a “For Sale" or "For Lease" or similarly worded sign on the
Property during the term of this lease or any renewal period. Landlord or Landlord's contractor may take interior or
exterior photographs or images of the Property and use the photographs or images in any advertisements to
lease or sell the Property.
Access: Before accessing the Property, Landlord or anyone authorized by Landlord will attempt to first contact
Tenant, but may enter the Property at reasonable times without notice to make repairs or to show the Property to
prospective tenants or buyers, inspectors, fire marshals, lenders, appraisers, or insurance agents. Additionally,
Landlord or anyone authorized by Landlord may peacefully enter the Property at reasonable times without first
attempting to contact Tenant and without notice to: (1) survey or review the Property's condition and take
photographs to document the condition; (2) make emergency repairs; (3) exercise a contractual or statutory lien;
(4) leave written notices; or (5) seize nonexempt property if Tenant is in default.
Irip Charges: If Landlord or Landlord's agents have made prior arrangements with Tenant to access the Property
and are denied or are not able to access the Property because of Tenant's failure to make the Property accessible
(including, but not limited to, any occupant, guest or invitee of Tenant, pet, or security device prohibiting access to
any area of the Property), Landlord may charge Tenant a trip charge of $ 150.00
Keybox: A keybox is a locked container placed on the Property holding a key to the Property. The keybox
is opened by a special combination, key, or programmed access device so that persons with the access
device may enter the Property, even in Tenant's absence. The keybox is a convenience but involves risk
(such as unauthorized entry, theft, property damage, or personal injury). Neither the Association of
REALTORS® nor MLS requires the use of a keybox.
(1) Tenant authorizes Landlord, Landlord's property manager, and Landlord's broker to place on the Property a
keybox containing a key to the Property:
(a) during the last 30 days of this lease or any renewal or extension; and
(b) at any time Landlord lists the Property for sale with a Texas licensed broker.
(TAR-2001) 02-01-18 Tenants: i
739"
ospeie. & Landlord or Landlord's Representative: pf Z- VB. Page 6 of 16
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Residential Lease concerning: Sugar Land, TX_77479
(2) Tenant may withdraw Tenant's authorization to place a keybox on the Property by providing written notice to
Landlord and paying Landlord a fee of $ one month's rent as consideration for the withdrawal. Landlord
will remove the keybox within a reasonable time after receipt of the notice of withdrawal and payment of the
required fee. Removal of the keybox does not alleviate Tenant's obligation to make the Property available for
showings as indicated in Paragraph 14B.
(3) If Landlord or Landlord's agents are denied or are not able to access the Property after first attempting to
contact Tenant, Landlord may charge Tenant a trip charge as provided in Paragraph 14C.
(4) Landlord, the property manager, and Landlord's broker are not responsible to Tenant, Tenant's quests. family.
or occupants for any damages, injuries, or losses arising from use of the keybox unless caused by Landlord
the property manager, or Landlord's broker.
15. MOVE-IN CONDITION:
A Landlord makes no express or implied warranties as to the Property's condition. Tenant has inspected the
Property and accepts it AS-IS provided that Landlord: have home professionally cleaned prior to move-in.
Tenant will complete an Inventory and Condition Form, noting any damages to the Property, and deliver it to
Landlord within 5 days after the Commencement Date. If Tenant fails to timely deliver the Inventory
and Condition Form, the Property will be deemed to be free of damages, unless otherwise expressed in this lease.
ntory and Condition orm not a aque pa enantmi all requests for repairs in
compliance with Paragraph 18.
16. MOVE-OUT:
A. Move-Out Condition: When this lease ends, Tenant will surrender the Property in the same condition as when
received, normal wear and tear excepted. Tenant will leave the Property in a clean condition free of all trash,
debris, and any persona! property. Tenant may not abandon the Property,
Definitions:
(1) "Normal wear and tear” means deterioration that occurs without negligence, carelessness, accident, or abuse.
(2) "Surrender" occurs when all occupants have vacated the Property, in Landlord's reasonable judgment, and
one of the following events occurs:
(a) the date Tenant specifies as the move-out or termination date in a written notice to Landlord has passed; or
(b) Tenant returns keys and access devices that Landlord provided to Tenant under this lease.
(3) "Abandonment" occurs when all of the following occur:
(a) all occupants have vacated the Property, in Landlord's reasonable judgment;
(b) Tenant is in breach of this lease by not timely paying rent; and
(c) Landlord has delivered written notice to Tenant, by affixing it to the inside of the main entry door or if the
Landlord is prevented from entering the Property by affixing it to the outside of the main entry door, stating
that Landlord considers the Property abandoned, and Tenant fails to respond to the affixed notice by the
time required in the notice, which will not be less than 2 days from the date the notice is affixed to the
main entry door.
(TAR-2001) 02-01-18 Tenant & Landlord or Landlord's Representative: ddt vo. Page 7 of 16
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4519 Hickory Branch Ln
Residential Lease concerning: Sugar Land, TX_77479
C. Personal Property Left After Move-Out:
(1) If Tenant leaves any personal property in the Property after surrendering or abandoning the Property Landlord
may:
(a) dispose of such personal property in the trash or a landfill;
(b) give such personal property to a charitable organization; or
(c) store and sell such personal property by following procedures in §54.045(b)-(e), Property Code.
(2) Tenant must reimburse Landlord all Landlord's reasonable costs under Paragraph 16C(1) for packing,
removing, storing, and selling the personal property left in the Property after surrender or abandonment.
17. PROPERTY MAINTENANCE:
A. Tenant's
General Responsibilities: Tenant, at Tenant's expense, must:
(1) keep the Property clean and sanitary;
(2) promptly dispose of all garbage in appropriate receptacles;
(3) supply and change heating and air conditioning filters at least once a month;
(4) supply and replace all light bulbs, fluorescent tubes, and batteries for smoke alarms, carbon monoxide
detectors, garage door openers, ceiling fan remotes, and other devices (of the same type and quality that are
in the Property on the Commencement Date);
(5) maintain appropriate levels of necessary chemicals or matter in any water softener;
(6) take action to promptly eliminate any dangerous condition on the Property;
(7) take all necessary precautions to prevent broken water pipes due to freezing or other causes;
(8) replace any lost or misplaced keys;
(9) pay any periodic, preventive, or additional extermination costs desired by Tenant, including treatment for bed
bugs, unless otherwise required by law;
(10)remove any standing water,
(11)know the location and operation of the main water cut-off valve and all electric breakers and how to switch the
valve or breakers off at appropriate times to mitigate any potential damage;
(12)water the foundation of the Property at reasonable and appropriate times; and
(13)promptly notify Landlord, in writing, of all needed repairs.
Yard Maintenance:
(1) "Yard" means alt lawns, shrubbery, bushes, flowers, gardens, trees, rock or other landscaping, and other
foliage on or encroaching on the Property or on any easement appurtenant to the Property, and does not
include common areas maintained by an owners' association.
(2) "Maintain the yard" means to perform activities such as, but not limited to: (a) mowing, fertilizing, and trimming
the yard; (b) controlling pests and weeds in the yard; and (c) removing debris from the yard.
(3) Unless prohibited by ordinance or other law, Tenant will water the yard at reasonable and appropriate times
including but not limited to the following times: Once per day.
. Other than watering, the yard will be maintained as follows:
(TAR-2001) 02-01-18 Tenants: 9506/15, & Landlord or Landlord's. Representative: ¢ PAY B- Page 8 of 16
33M COT 7S9PM oscgne_|'
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Produced with zipForm®by zipLogix 15070 Fifteen Mile Road, Fraser, Michigan 48026 waae.zipLogix.com Jay Zhang and
DigiSign Verified: F3F7685E-A 12C-498C-A80C-E47766491869
4519 Hickory Branch Ln
Residential Lease concerning: Sugar Land, TX_77479
(2 (a) Landlord, at Landlord’s expense, will maintain the yard. Tenant will permit Landlord and Landlord's
contractors reasonable access to the yard and will remove any pet from the yard at appropriate times.
[x] (b) Tenant, at Tenant's expense, will maintain the yard.
C1 (c) Tenant will maintain in effect a scheduled yard maintenance contract with: [_]a contractor who regularly
provides such service;
Pool ail ; Any pool or spa on the Property will be maintained according to a Pool/Spa Maintenance
Addendum.
Prohibitions: If Tenant installs any fixtures on the Property, authorized or unauthorized, such as additional smoke
alarms, additional carbon monoxide detectors, locks, alarm systems, cables, satellite dishes, or other. fixtures,
such fixtures will become the property of the Landlord. Except as otherwise permitted by law, this lease, or in
writing by Landiard, Tenant may not:
(1) remove any part of the Property or any of Landlord's personal property from the Property;
(2) remove, change, add, or rekey any lock;
(3) make holes in the woodwork, floors, or walls, except that a reasonable number of small nails may be used to
hang pictures in sheetrock and grooves in paneling;
4) permit any water furniture on the Property;
6) install additional phone or video cables, outlets, antennas, satellite receivers, or alarm systems;
(6) alter, replace or remave flooring material, paint, or wallpaper;
(7) install, change, or remove any: fixture, appliance, or non-real-property item listed in Paragraph 2;
@) keep or permit any hazardous material on the Property such as flammable or explosive materials;
(9) keep or permit any material or item which causes any liability or fire and extended insurance coverage to be
suspended or canceled or any premiums to be increased;
(10) dispose of any environmentally detrimental substance (for example, motor oil or radiator fluid) on the
Property;
(11) cause or allow any lien to be filed against any portion of the Property; or
(12)disconnect or intentionally damage any carbon monoxide detector, or otherwise violate any local ordinance
requiring a carbon monoxide detector in the Property.
Failure
to Maintain: If Tenant fails to comply with this Paragraph 17 or any Pool/Spa Maintenance Addendum,
Landlord may, in addition to exercising Landlord's remedies under Paragraph 27, perform whatever action Tenant
is obligated to perform and Tenant must immediately reimburse Landlord the reasonable expenses that Landlord
incurs plus any administrative fees assessed by Landlord's agents or any other entity as provided by law.
F. Smoking: Smoking by Tenant, Tenant's guests, family, or occupants is [permitted [x]not permitted on the
Property (including, but not limited to, the garage or outdoor areas of the Property). If smoking is not permitted
and does occur on the Property, Tenant will be in default and:
(1) Landlord may exercise Landlord's remedies under Paragraph 27; and
(2) Landlord may deduct from the security deposit damages to the Property caused by smoking, including but not
limited to stains, burns, odors, and removal of debris.
18. REPAIRS: (Notice: Subchapter B, Chapter 92, Property Code governs repair obligations).
A. Repair Requests: All requests for repairs must be in writing and delivered to Landlord. If Tenant is
delinquent in rent at the time a repair notice is given, Landlord is not obligated to make the repair. In the
event of an emergency related to the condition of the Property that materially affects the physical health
or safety of an ordinary tenant, Tenant may call Landlord or, if applicable, the property manager, at
(832)943-4597 . Ordinarily, a repair to the heating and air conditioning system Is not an
emergency.
ME & Landlord or Landlord's Representative;/-f7;V2- Page 9 of 16
(TAR-2001) 02-01-18 Tenants: 956/18
PM CDT 7s9PM COT
Produced with 2ipForm® by zipLogix 18070 Fitioen Mile Read, Fraser, Michigan 49026 wwnw.ziobocix.com Jay Zhangand
DigiSign Verified: F3F7685E-A12C-498C-A80C-E4776649 1869
4519 Hickory Branch Ln
Residential Lease concerning: Sugar Land, TX_77479
B. NOTICE: If Landlord fails to repair a condition that materially affects the physical health or safety of an
ordinary tenant as required by this lease or the Property Code, Tenant may be entitled to exercise
remedies un
Preview
Case No. Jom, Sie Zh 004 In the Justice Court Plaintiff(s)/Landlord(s) Precinct Place > Kalin fathom, Syd Fort Ben El WIE Defendant(s/Tenant(s) LaToya _prefelle Sm State of JUL -2 2024 L COMPLAINT for EVICTION JUSTICE COURT PCT. 3 FORT BEND COUNTY TX TO THE HONORABLE a 4 Dea PEACE: ‘S NOW “9 a herein referred to as Plaintiff, and files this complaint against vw Smithy F tae on Defendant(s) nd all occupants of the premises described herein and respectfully shows the Court the following. 1, COMPLAINT. Plaintiff, being duly sworn on oath, files this written complaint against the above named Defendant(s) to evict Defendant(s) from Plaintiff's premises, which is located in the above precinct and which is described & T2be SIA Waclorg Bromch bn Sugar Lord Tk 74749 6 Street Address Apt No City State ZIP Code SiR HONE # ue) -9S8 2. SERVICE OF CITATION. Plaintiff requests service of citation on defendant(s) by personal service at the above goesriped, ae oo oer ad a of defendagtis) d in the waite lease agreementare re sg1ONSOh Kromc 7247 &0- ROE ait so Apt No City State ZIP Code a # Landlord knows no other work or residence addresses for Tenant(s). 3. GROUNDS FOR EVICTION. Defendant(s) have violated the rental agreement between plaintiff and defendant(s) by: (check one) \/fhon-payment of rent. holding over or non-rent default 4. NOTICE TO VACATE. By: (check one) Written notice (0 vacate and demand for posse: SSI © Certified Mail or Y Delivery in person, witnessed by sna pon ¢ fee fp 5. JUDGMENT REQUESTED. Plaintiff requests judgment for plaintiff and against defendant(s) for possession of the premises and for issuance of a writ of bese ssion, plus and all court costs. Additionally, plaintiff requests judgment for back rent in the amount of §. as calculated at time of filing, and plaintiff also seeks judgment for rent accruing from the date of filing and bec ing due thereafter, reasonable Attorney's fees in the amount of $. Tf edk plus all costs of court and post-judgment interest at the highest leg: The Court may send any notice to plaintiff Via U.S mail, telephone or fi z as follows: Plaintiff/Laddlord” 7 7 3. Haber Ui Street Address Plaintiff's Authorized Agent/Attorney Sng lind TE 47) _) Ray City State Zip Code Print name or title B32-443 49 above is the signature of: (check one) Phone Number Fax Number laintiff (1 Authorized Agent or Plaintiff's Attomey SWORN 10 and SUSCRIBED before me nis day of JIALY 24 In, aa Vale (Seal) of co& Ss 4aN) Notary Public in andor State of Texayy Clerk of Court Huw no ey = oss Case No. In the Justice Court, Precinct4, Fort Bend County, Texas Sag J Zhang VS nelvinb. Seth # LaToyaSte Wh Plaintiff Defendant AFFIDAVIT OF MILITARY STATUS OF DEFENDANT(S) Before me, the undersigned authority, on this day personally appeared: Who, under penalty of ee Som ine and/or Zhang to one year in jail), state the following: My name is. lam 0 the plaintiff or 0 Attorney of record or authorized agent of the plaintiff. | am capable of making this affidavit. The facts stated in the affidavit are within my personal knowledge and are true and correct. (check one) Q Defendant is not in the military. a Defendant is in the military service, | know this because wi am unable to determine whether or not the Defendant is in military service. — and Tenant(s): Melvin Anthony Smith , LaToya Michelle Smith PROPERTY: Landlord leases to Tenant the following real property: Address: 4519 Hickory Branch Ln, Sugar Land, TX_77479 legally described as: Millwood At Riverstone Sec 3, Block 1, Lot 10 in Fort Bend County, Texas, together with the following non-real-property items: washer and dryer. The real property and the non-real-property are collectively called the "Property". TERM: A. Primary Term: The primary term of this lease begins and ends as follows: Commencement Date: June 1, 2018 Expiration Date: May 31, 2019 Tenant must occupy the Property within 5 days after the Commencement Date. If Tenant is unable to occupy the Property by the 5th day after the Commencement Date because of construction on the Property or a prior tenant's holding over of the Property, Tenant may terminate this lease by giving written notice to Landlord before the Property becomes available to be occupied by Tenant, and Landlord will refund to Tenant the security deposit and any rent paid. Landlord will abate rent on a daily basis for a delay caused by construction or a prior tenant's holding over. This paragraph does not apply to any delay in occupancy caused by cleaning, repairs, or make-ready items. AUTOMATIC RENEWAL AND NOTICE OF TERMINATION: This lease automatically renews on a month-to-month basis unless Landlord or Tenant provides the other party written notice of termination as provided in Paragraph 4A. Oral notice of termination is not sufficient under any circumstances. Time is of the essence for providing notice of termination (strict compliance with dates by which notice must be provided is required). The date on which rent is due does not apply to the requirement for providing written notice of termination. If a box is not checked under Paragraph 4A, Paragraph 4A(1) will apply. If a box is not checked under Paragraph 4B, Paragraph 4B(1) will apply. A. This lease automatically renews on a month-to-month basis unless Landlord or Tenant provides the other party written notice of termination not less than: (Check only one box.) (1) 30 days before the Expiration Date. @) days before the Expiration Date. ME (TAR-2001) 02-01-18 Tenants| rer Sar & Landlord or Landlord's Representative: dA VL Page 1 0f 16 Greenwood King Properties - Corporate, 1616 5 Voss Sate 900 Houston, TX 77057 Phong: 9812982188 Fax: doy Zhang and ‘Norka Jenkins Produced with zipForm® by zipLogix 18070 Fiteen Mile Road, Fraser, Michigan 48026 DigiSign Veritied: F3F7685E-A12C-498C-A80C-E4776649 1 869 4519 Hickory Branch Ln Residential ease concerning: Sugar Land, TX 77479 If Landlord or Tenant fails to provide the other party timely written notice of termination as required by paragraph 4A, the lease automatically renews on a month-to-month basis. The Landlord or Tenant then must provide a subsequent written notice of termination as required by paragraph 4B. If this lease automatically renews on a month-to-month basis, it will continue to renew on a month-to-month basis until either party provides written notice of termination to the other party and the notice of termination will be effective: (Check only one box.) IX] (1) on the last day of the month following the month in which the notice is given. Landlord is not obligated to prorate rent even if Tenant surrenders the Property before the termination date. C1 @) on the date designated in the notice but not sooner than 30 days after the notice is given and, if necessary, rent will be prorated on a daily basis. RENT: A Monthly Rent: Tenant will pay Landlord monthly rent in the amount of $ $2,300.00 for each full month during this lease. The first full month's rent is due and payable not later than UPON EXECUTION by (select one or mora): [X|cashier's check [XJelectronic payment []money order [x[personal check or [x]other means acceptable to Landlord. Thereafter, Tenant will pay the monthly rent so that Landiord receives the monthly rent on or before (check only one box): (1) the first day of each month during this lease. (2) NIA Weekends, holidays, and mail delays do not excuse Tenant's obligation to timely pay rent. Prorated Rent: On or before Tenant will pay Landlord $ as prorated rent from the Commencement Date through the last day of the month in which this lease begins. : Unless this lease provides otherwise, Tenant will remit all amounts due to Landlord under this lease to the following person or entity at the place stated and make all payments payable to the named person or entity. Landlord may tater designate, in writing, another person or place ta which Tenant must remit amounts due under this lease. Name: Jay Zhang Address: 13 Harbor View Dr Sugar Land, TX 77479 Notice: Place the Property address and Tenant's name on all payments. ent: (1) Tenant must pay all rent timely and without demand, deduction, or offset, except as permitted by law or this lease. (2) Time is of the essence for the payment of rent (strict compliance with rental due dates is required). (3) Unless the parties agree otherwise, Tenant may not more): [X] cashier's check [X]electronic payment acceptable to Landlord. Landlord [_]may or id y rent in cash and will pay all rent by money order [X]personal check or elect one or other means may not charge a reasonable fee to process or accept payment i by (select one or more only if Landlord indicates a reasonable fee may be charged): |_|cashier's check electronic payment money order [_] personal check or [_] other means acceptable to Landlord. (4) Landlord [x] requires does not require Tenant(s) to pay monthly rents by one payment. (§) If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant is not honored by the institution on which it was drawn, Landlord may require Tenant to pay such amount and any subsequent amounts under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies under this lease for Tenant's failure to make timely payments with good funds. (TAR-2001) 02-01-18 Tenants; AME || ME & Landlord or Landlord's Representative: ddPto. Page 2 of 16 osnsng 52616 3PM COT Ts5PM COT Produced with zipForm® by zipLogix 18070 Fifleen Mile Road, Fraser, Michigan 48026 wnww.ziol ogix.com Jay Zhang and DigiSign Verified: F3F7685E-A 12C-498C-A 80C-E4776649 | 869 4519 Hickory Branch Ln Residential Lease concerning: Sugar Land, TX 77479 E. Rent Increases: There will be no rent increases through the primary term. Landlord may increase the rent that will be paid during any month-to-month renewal period by providing at least 30 days written notice to Tenant. 6. LATE CHARGES: - A If Landlord does not actually receive a rent payment in the full amount at the designated place of payment by the 5TH day of each month at 11:59pm, Tenant will pay Landtord for each late payment: (1) an initial late charge equal to (check one box only)(X](a)$ 35.00 sor [](b) % of one month's rent; and (2) additional late charges of $ 50.00 per day thereafter until rent and late charges are paid in full. Additional late charges for any one payment may not exceed more than 30 days. Notice: §92.019, Property Code prohibits assessing a late fee until rent has remained unpaid for at least one full day after the date on which the rent is due. For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt for Landlord (the postmark date is not the date Landlord receives the payment). The parties agree that the late charge is based on a reasonable estimate of uncertain damages to the Landlord that are incapable of precise calculation and result from late payment of rent. Landlord's acceptance of a late charge does not waive Landlord's right to exercise remedies under Paragraph 27. RETURNED PAYMENT: Tenant will pay Landlord $ $50.00 for each payment Tenant tenders to Landlord which is returned or not honored by the institution on which it is drawn for.any reason, plus any late charges until Landlord receives payment. Tenant must make any returned payment good by paying such amount(s) plus any associated charges in certified funds. APPLICATION OF FUNDS: Regardless of any notation on a payment, Landlord may apply funds received from Tenant first to any non-rent obligations of Tenant, including but jot limited to, late charges, returned payment charges. epa brok: ag od tilit be harg nd then to ren PETS A. Unless the parties agree otherwise in writing, Tenant may not permit, even temporarily, any pet on the Property {including but not limited to any mammal, reptile, bird, fish, rodent, or insect). An assistance animal is not considered a pet. If Tenant violates this Paragraph 9 or any agreement to keep a pet on the Property, Landlord may take all or any of the following action: (1) declare Tenant to be in default of this lease and exercise Landlord's remedies under Paragraph 27; (2) charge Tenant, as additional rent, an initial amount of $ 250.00 and $ 30.00 per day thereafter per pet for each day Tenant violates the pet restrictions; (3) remove or cause to be removed any unauthorized pet and deliver it to appropriate local authorities by providing at least 24-hour written notice to Tenant of Landlord's intention to remove the unauthorized pet; and (4) charge to Tenant the Landlord's cost to: (a) remove any unauthorized pet; (b) exterminate the Property for fleas and other insects; (c) clean and deodorize the Property's carpets and drapes; and (d) repair any damage to the Property caused by the unauthorized pet. (TAR-2001) 02-01-18 Tenants osreuig ME & Landlord or Landlord's Representatives AZ we Page 3 of 16 Fs9PM COT Produced with zipForm® by zipLogix 18070 Fitteen Mite Road, Frasor, Michigan 48028 wow.ziobogix.com Say Zhang and DigiSign Verified: F3F7685E-A 12C-498C-A80C-E47766491 869 4519 Hickory Branch Ln Residential Lease concerning: Sugar Land, TX_77479 C. When taking any action under Paragraph 9B Landlord will not be liable for any harm, injury, death, or sickness to any pet. 10. SECURITY DEPOSIT: A. Security Deposit: On or before execution of this lease, Tenant will pay a security deposit to Landlord in the amount of § ONE MONTH'S RENT by (select one or more): [X] cashier's check [electronic payment L_] money order [_]personal check or Jother | means acceptable to Landlord. "Security deposit" has the meaning assigned to that term in §92.102, Property Cade, Any additional deposits Tenant pays to Landlord, other than the security deposit, will become part of the security deposit. Interest: No interest or income will be paid to Tenant on the security deposit. Landlord may place the security deposit in an interest-bearing or income-producing account and any interest or income earned will be paid to Landiord or Landlord's representative. Refund: Tenant must give Landlord at least thirty (30) days written notice of surrender before Landlord i ligated fund the securi deposit. efund of the securit deposit will be made payable to all Tenants named in this lease. Notices about Security Deposits: (1) §92.108, Property Code provides that a tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent. (2) Bad faith violations of §92.108 may subject a tenant to liability up to 3 times the rent wrongfully withheld and the landlord's reasonable attorney's fees. (3) The Property Code does not obligate a landlord to return or account for the security deposit until the tenant surrenders the Property and gives the landlord a written statement of the tenant's forwarding address, after which the landlord has 30 days in which to account. (4) “Surrender” is defined in Paragraph 16 of this lease. {5) One may view the Texas Property Code at the Texas Legistature's website which, as of the date shown in the lower left-hand corner of this form, is http:/Avww.statutes.legis.state.tx.us/. D. Deductions: (1) Landiord may deduct reasonable charges from the security deposit for: (a) damages to the Property, excluding normal wear and tear, and all reasonable costs associated to repair the Property; (b) costs for which Tenant is responsible to clean, deodorize, exterminate, and maintain the Property; (c) unpaid or accelerated rent; (d) unpaid late charges; (e) unpaid utilities and utility expenses Landlord incurs to maintain utilities to the Property as required by this Lease; (f) unpaid pet charges; (g) replacing unreturned keys, garage door openers, security devices, or other components; (h) the removal of unauthorized locks or fixtures installed by Tenant; (i) Landlord’s cost to access the Property if made inaccessible by Tenant; {))_ missing or bumed-out light bulbs and fluorescent tubes (at the same location and of the same type and quality that are in the Property on the Commencement Date); {k) packing, removing, and storing abandoned property; {l)_ removing abandoned or illegally parked vehicles; ‘ (TAR-2001) 02-01-18 Tenants4 18. ME & Landlord or Landlord's Representative: d-f 72. Page 4 of 16 Mt Produced with zipFom® by zpkogx 16070 Fiteen Mie Road, Frese, Michigan 48028. wawzpLoatcom Jay Zhang and DigiSign Verified: F3F7685E-A 12C-498C-A80C-E47766491 869 4519 Hickory Branch Ln Residential Lease concerning: Sugar Land, TX_77479 (m) costs of reletting (as defined in Paragraph 27), if Tenant is in default; (n) attomey's fees, costs of court, costs of service, and other reasonable costs incurred in any legal proceeding against Tenant, (0) mailing costs associated with sending notices to Tenant for any violations of this lease; (p) any other unpaid charges or fees or other items for which Tenant is responsible under this lease; (q) cost to restore walls, flooring, landscaping or any alteration to the Property not approved in writing by Landlord; (rt) damages to the Property caused by smoking, including but not limited to stains, burns, odors, and removal of debris; and (8) costs to rekey certain security devices, as provided in Paragraph 19. (2) If deductions exceed the security deposit, Tenant will pay to Landlord the excess within 10 days after Landlord makes written demand. 11. UTILITIES: A. Tenant will pay all connection fees, service fees, usage fees, and all other costs and fees for all utilities to the Property (for example, electricity, gas, water, wastewater, garbage, telephone, alarm monitoring systems, cable, and Internet connections) except the following which Landlord will pay: None Unless otherwise agreed, amounts under this paragraph are payable directly to the service providers. Unless provided by Landlord, Tenant must, at a minimum, keep the following utilities on, if available, at all times this lease is in effect: gas; electricity; water; wastewater; and garbage services. Notice: Before signing this lease, Tenant should determine if all necessary utilities are available to the Property and are adequate for Tenant's use. 12. USE AND OCCUPANCY: A. Qcecupants: Tenant may use the Property as a private residence only. The only persons Tenant may permit to reside on the Property during the term of this lease are (include names and ages of all occupants): Kennedy Smith (12) and Kaitlyn Smith (10) Phone Numbers and E-mail: Tenant must promptly inform Landlord of any changes in Tenant's phone numbers (home, work, and mobile) and e-mail not later than 5 days after a change. HOA Rules: Tenant must comply with any owners’ association rules or restrictive covenants affecting the Property. Tenant will reimburse Landlord for any fines or other charges assessed against Landlord for violations by Tenant of any owners' association rule or restrictive covenant, and any resulting administrative fees assessed by Landlord's agents or any other entity as provided by law. Prohibitions: Unless otherwise authorized by this lease, Tenant may not install or permit any of the following on the Property, even temporarily: a spa, hot tub, above-ground pool, trampoline, or any item which causes a suspension or cancellation of insurance coverage or an increase in insurance premiums. Tenant may not permit any part of the Property to be used for: (1) any activity which is a nuisance, offensive, noisy, or dangerous; (2) the repair of any vehicle; (3) any business of any type, including but not limited to child care; (4) any activity which violates any zoning ordinance, owners' association rule, or restrictive covenant; (5) any illegal or unlawful activity; or (6) activity that obstructs, interferes with, or infringes on the rights of other persons near the Property. (TAR-2001) 02-01-18 Tenants| - 9572618. ME , & Landlord or Landlord's Representatives A Z,V2- Page 5 of 16 =saPh COT 7S9PM COT Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 ynyw iol oaix com Jay Zhang and a DigiSign Veritied: F3F7685E-A12C-498C-A 80C-E4776649 1869 4519 Hickory Branch Ln Residential Lease concerning: Sugar Land, TX 77479 £. Guests: Tenant may not permit any guest to stay on the Property longer than the amount of time permitted by any owners’ association rule or restrictive covenant or 14 days without Landlord's written permission, whichever is less. Common Areas: Landlord is not obligated to pay any non-mandatory or user fees for Tenant's use of any common areas or facilities (for example, pool or tennis courts). 13. PARKING RULES: Tenant may not permit more than 2 vehicles, including but not limited to automobiles, trucks, recreational vehicles, trailers, motorcycles, all-terrain vehicles, jet skis, and boats, on the Property unless authorized by Landlord in writing. Tenant may not park or permit any person to park any vehicles in the yard. Tenant may permit vehicles to be parked only in drives, garages, designated common parking areas, or in the street if not prohibited by law or an owners' association. Tenant may not store or permit any person to store any vehicles on or adjacent to the Property or on the street in front of the Property. In accordance with applicable state and local laws, Landlord may have towed, at Tenant's expense: (a) any inoperative vehicle on or adjacent to the Property; (b) any vehicle parked in violation of this paragraph or any additional parking rules made part of this lease; or (c) any vehicle parked in viclation of any law, local ordinance, or owners' association rule. Tenant must promptly inform Landlord of any changes in Tenant's vehicle information (type, year, make, model, and license plate number including state) not later than 5 days after a change. ’ 14. ACCESS BY LANDLORD: A. Advertising: Landlord may prominently display a “For Sale" or "For Lease" or similarly worded sign on the Property during the term of this lease or any renewal period. Landlord or Landlord's contractor may take interior or exterior photographs or images of the Property and use the photographs or images in any advertisements to lease or sell the Property. Access: Before accessing the Property, Landlord or anyone authorized by Landlord will attempt to first contact Tenant, but may enter the Property at reasonable times without notice to make repairs or to show the Property to prospective tenants or buyers, inspectors, fire marshals, lenders, appraisers, or insurance agents. Additionally, Landlord or anyone authorized by Landlord may peacefully enter the Property at reasonable times without first attempting to contact Tenant and without notice to: (1) survey or review the Property's condition and take photographs to document the condition; (2) make emergency repairs; (3) exercise a contractual or statutory lien; (4) leave written notices; or (5) seize nonexempt property if Tenant is in default. Irip Charges: If Landlord or Landlord's agents have made prior arrangements with Tenant to access the Property and are denied or are not able to access the Property because of Tenant's failure to make the Property accessible (including, but not limited to, any occupant, guest or invitee of Tenant, pet, or security device prohibiting access to any area of the Property), Landlord may charge Tenant a trip charge of $ 150.00 Keybox: A keybox is a locked container placed on the Property holding a key to the Property. The keybox is opened by a special combination, key, or programmed access device so that persons with the access device may enter the Property, even in Tenant's absence. The keybox is a convenience but involves risk (such as unauthorized entry, theft, property damage, or personal injury). Neither the Association of REALTORS® nor MLS requires the use of a keybox. (1) Tenant authorizes Landlord, Landlord's property manager, and Landlord's broker to place on the Property a keybox containing a key to the Property: (a) during the last 30 days of this lease or any renewal or extension; and (b) at any time Landlord lists the Property for sale with a Texas licensed broker. (TAR-2001) 02-01-18 Tenants: i 739" ospeie. & Landlord or Landlord's Representative: pf Z- VB. Page 6 of 16 Produced with zipForm® by zipLogix 18070 Fiftean Mile Road, Fraser, Michigan 48026 wwrs.zipLogix.com Jay Zhang and DigiSign Verifted: F3F7685E-A 12C-498C-A 80C-E4776649 1869 4519 Hickory Branch Ln Residential Lease concerning: Sugar Land, TX_77479 (2) Tenant may withdraw Tenant's authorization to place a keybox on the Property by providing written notice to Landlord and paying Landlord a fee of $ one month's rent as consideration for the withdrawal. Landlord will remove the keybox within a reasonable time after receipt of the notice of withdrawal and payment of the required fee. Removal of the keybox does not alleviate Tenant's obligation to make the Property available for showings as indicated in Paragraph 14B. (3) If Landlord or Landlord's agents are denied or are not able to access the Property after first attempting to contact Tenant, Landlord may charge Tenant a trip charge as provided in Paragraph 14C. (4) Landlord, the property manager, and Landlord's broker are not responsible to Tenant, Tenant's quests. family. or occupants for any damages, injuries, or losses arising from use of the keybox unless caused by Landlord the property manager, or Landlord's broker. 15. MOVE-IN CONDITION: A Landlord makes no express or implied warranties as to the Property's condition. Tenant has inspected the Property and accepts it AS-IS provided that Landlord: have home professionally cleaned prior to move-in. Tenant will complete an Inventory and Condition Form, noting any damages to the Property, and deliver it to Landlord within 5 days after the Commencement Date. If Tenant fails to timely deliver the Inventory and Condition Form, the Property will be deemed to be free of damages, unless otherwise expressed in this lease. ntory and Condition orm not a aque pa enantmi all requests for repairs in compliance with Paragraph 18. 16. MOVE-OUT: A. Move-Out Condition: When this lease ends, Tenant will surrender the Property in the same condition as when received, normal wear and tear excepted. Tenant will leave the Property in a clean condition free of all trash, debris, and any persona! property. Tenant may not abandon the Property, Definitions: (1) "Normal wear and tear” means deterioration that occurs without negligence, carelessness, accident, or abuse. (2) "Surrender" occurs when all occupants have vacated the Property, in Landlord's reasonable judgment, and one of the following events occurs: (a) the date Tenant specifies as the move-out or termination date in a written notice to Landlord has passed; or (b) Tenant returns keys and access devices that Landlord provided to Tenant under this lease. (3) "Abandonment" occurs when all of the following occur: (a) all occupants have vacated the Property, in Landlord's reasonable judgment; (b) Tenant is in breach of this lease by not timely paying rent; and (c) Landlord has delivered written notice to Tenant, by affixing it to the inside of the main entry door or if the Landlord is prevented from entering the Property by affixing it to the outside of the main entry door, stating that Landlord considers the Property abandoned, and Tenant fails to respond to the affixed notice by the time required in the notice, which will not be less than 2 days from the date the notice is affixed to the main entry door. (TAR-2001) 02-01-18 Tenant & Landlord or Landlord's Representative: ddt vo. Page 7 of 16 ‘COT Produced wit Mme byzipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 ynyw.zipLoaixcom Joy Zhang and DigiSign Verified: F3F7685E-A12C-498C-A80C-E47766491 869 4519 Hickory Branch Ln Residential Lease concerning: Sugar Land, TX_77479 C. Personal Property Left After Move-Out: (1) If Tenant leaves any personal property in the Property after surrendering or abandoning the Property Landlord may: (a) dispose of such personal property in the trash or a landfill; (b) give such personal property to a charitable organization; or (c) store and sell such personal property by following procedures in §54.045(b)-(e), Property Code. (2) Tenant must reimburse Landlord all Landlord's reasonable costs under Paragraph 16C(1) for packing, removing, storing, and selling the personal property left in the Property after surrender or abandonment. 17. PROPERTY MAINTENANCE: A. Tenant's General Responsibilities: Tenant, at Tenant's expense, must: (1) keep the Property clean and sanitary; (2) promptly dispose of all garbage in appropriate receptacles; (3) supply and change heating and air conditioning filters at least once a month; (4) supply and replace all light bulbs, fluorescent tubes, and batteries for smoke alarms, carbon monoxide detectors, garage door openers, ceiling fan remotes, and other devices (of the same type and quality that are in the Property on the Commencement Date); (5) maintain appropriate levels of necessary chemicals or matter in any water softener; (6) take action to promptly eliminate any dangerous condition on the Property; (7) take all necessary precautions to prevent broken water pipes due to freezing or other causes; (8) replace any lost or misplaced keys; (9) pay any periodic, preventive, or additional extermination costs desired by Tenant, including treatment for bed bugs, unless otherwise required by law; (10)remove any standing water, (11)know the location and operation of the main water cut-off valve and all electric breakers and how to switch the valve or breakers off at appropriate times to mitigate any potential damage; (12)water the foundation of the Property at reasonable and appropriate times; and (13)promptly notify Landlord, in writing, of all needed repairs. Yard Maintenance: (1) "Yard" means alt lawns, shrubbery, bushes, flowers, gardens, trees, rock or other landscaping, and other foliage on or encroaching on the Property or on any easement appurtenant to the Property, and does not include common areas maintained by an owners' association. (2) "Maintain the yard" means to perform activities such as, but not limited to: (a) mowing, fertilizing, and trimming the yard; (b) controlling pests and weeds in the yard; and (c) removing debris from the yard. (3) Unless prohibited by ordinance or other law, Tenant will water the yard at reasonable and appropriate times including but not limited to the following times: Once per day. . Other than watering, the yard will be maintained as follows: (TAR-2001) 02-01-18 Tenants: 9506/15, & Landlord or Landlord's. Representative: ¢ PAY B- Page 8 of 16 33M COT 7S9PM oscgne_|' COT Produced with zipForm®by zipLogix 15070 Fifteen Mile Road, Fraser, Michigan 48026 waae.zipLogix.com Jay Zhang and DigiSign Verified: F3F7685E-A 12C-498C-A80C-E47766491869 4519 Hickory Branch Ln Residential Lease concerning: Sugar Land, TX_77479 (2 (a) Landlord, at Landlord’s expense, will maintain the yard. Tenant will permit Landlord and Landlord's contractors reasonable access to the yard and will remove any pet from the yard at appropriate times. [x] (b) Tenant, at Tenant's expense, will maintain the yard. C1 (c) Tenant will maintain in effect a scheduled yard maintenance contract with: [_]a contractor who regularly provides such service; Pool ail ; Any pool or spa on the Property will be maintained according to a Pool/Spa Maintenance Addendum. Prohibitions: If Tenant installs any fixtures on the Property, authorized or unauthorized, such as additional smoke alarms, additional carbon monoxide detectors, locks, alarm systems, cables, satellite dishes, or other. fixtures, such fixtures will become the property of the Landlord. Except as otherwise permitted by law, this lease, or in writing by Landiard, Tenant may not: (1) remove any part of the Property or any of Landlord's personal property from the Property; (2) remove, change, add, or rekey any lock; (3) make holes in the woodwork, floors, or walls, except that a reasonable number of small nails may be used to hang pictures in sheetrock and grooves in paneling; 4) permit any water furniture on the Property; 6) install additional phone or video cables, outlets, antennas, satellite receivers, or alarm systems; (6) alter, replace or remave flooring material, paint, or wallpaper; (7) install, change, or remove any: fixture, appliance, or non-real-property item listed in Paragraph 2; @) keep or permit any hazardous material on the Property such as flammable or explosive materials; (9) keep or permit any material or item which causes any liability or fire and extended insurance coverage to be suspended or canceled or any premiums to be increased; (10) dispose of any environmentally detrimental substance (for example, motor oil or radiator fluid) on the Property; (11) cause or allow any lien to be filed against any portion of the Property; or (12)disconnect or intentionally damage any carbon monoxide detector, or otherwise violate any local ordinance requiring a carbon monoxide detector in the Property. Failure to Maintain: If Tenant fails to comply with this Paragraph 17 or any Pool/Spa Maintenance Addendum, Landlord may, in addition to exercising Landlord's remedies under Paragraph 27, perform whatever action Tenant is obligated to perform and Tenant must immediately reimburse Landlord the reasonable expenses that Landlord incurs plus any administrative fees assessed by Landlord's agents or any other entity as provided by law. F. Smoking: Smoking by Tenant, Tenant's guests, family, or occupants is [permitted [x]not permitted on the Property (including, but not limited to, the garage or outdoor areas of the Property). If smoking is not permitted and does occur on the Property, Tenant will be in default and: (1) Landlord may exercise Landlord's remedies under Paragraph 27; and (2) Landlord may deduct from the security deposit damages to the Property caused by smoking, including but not limited to stains, burns, odors, and removal of debris. 18. REPAIRS: (Notice: Subchapter B, Chapter 92, Property Code governs repair obligations). A. Repair Requests: All requests for repairs must be in writing and delivered to Landlord. If Tenant is delinquent in rent at the time a repair notice is given, Landlord is not obligated to make the repair. In the event of an emergency related to the condition of the Property that materially affects the physical health or safety of an ordinary tenant, Tenant may call Landlord or, if applicable, the property manager, at (832)943-4597 . Ordinarily, a repair to the heating and air conditioning system Is not an emergency. ME & Landlord or Landlord's Representative;/-f7;V2- Page 9 of 16 (TAR-2001) 02-01-18 Tenants: 956/18 PM CDT 7s9PM COT Produced with 2ipForm® by zipLogix 18070 Fitioen Mile Read, Fraser, Michigan 49026 wwnw.ziobocix.com Jay Zhangand DigiSign Verified: F3F7685E-A12C-498C-A80C-E4776649 1869 4519 Hickory Branch Ln Residential Lease concerning: Sugar Land, TX_77479 B. NOTICE: If Landlord fails to repair a condition that materially affects the physical health or safety of an ordinary tenant as required by this lease or the Property Code, Tenant may be entitled to exercise remedies un