Linda S. Nowlin v. Lori Keaton

Opinion

ACCEPTED

03-14-00608-CV

4339675

THIRD COURT OF APPEALS

AUSTIN, TEXAS

3/2/2015 4:41:03 PM

JEFFREY D. KYLE

CLERK

NO. 03-14-00608-CV

IN THE FILED IN 3rd COURT OF APPEALS

COURT OF APPEALS FOR THE AUSTIN, TEXAS THIRD SUPREME JUDICIAL DISTRICT 3/2/2015 4:41:03 PM AT AUSTIN, TEXAS JEFFREY D. KYLE Clerk

LINDA NOWLIN, APPELLANT

V.

LORI KEATON, APPELLEE

APPEAL OF CAUSE C-1-CV-14-006938 FROM THE COUNTY COURT AT LAW #1 OF TRAVIS COUNTY, TEXAS

APPELLANT’S REPLY BRIEF

DAVID NOWLIN ATTORNEY FOR APPELLANT

7301 RR 620 North, Ste. 155, 319 Austin, Texas 78726-4537 Telephone: (512) 468-4882 Email: DavidNowlin@me.com

NO ORAL ARGUMENT REQUESTED

IDENTIFICATION OF THE PARTIES AND COUNSEL Appellant certifies that the following is a complete list of the parties, attorneys , and all other interested persons regarding this matter:

1. The Appellant in this case is: Linda Nowlin Nowlin Properties 7301 RR 620 North, Ste. 155, 319 Austin, Texas 78726-4537

2. Appellant was represented David Nowlin at trial and on appeal by: Nowlin Properties 7301 RR 620 North, Ste. 155, 319 Austin, Texas 78726-4537

4. The Appellee in this case is: Lori Keaton The Giving Tree Learning Center 15102 Cavalier Canyon Drive Lakeway, Texas 78734

5. Appellee was represented Robby Abarca at trial and on appeal by: Attorney at Law P.O. Box 152547 Austin, Texas 78715

ii

NOTATION AS TO THE FORM OF CITATION Citation in this brief will be as follows:

(a) Citation to the Reporter’s Record (R) will be to volume and page number, e.g., “2R12” refers to page 12 of the second volume of the Reporter’s Record and “SR12” refers to the same page of the supplemental volume.

(b) Citation to the single-volume Clerk’s Record (CR) will be to page number only, e.g., “CR15” refers to page 15 of the Clerk’s Record.

(c) Citation to the Plaintiff’s and Defendant’s Exhibits (PX and DX respectively ) will be to exhibit and page number, e.g., “2PX1” refers to page 1 of Plaintiff’s Exhibit #2. All exhibits in evidence are located, in the third volume of the Reporter’s Record.

(d) Citation to the Appellant’s and Appellee’s Briefs (PB and DB respectively)

will be to page number only, e.g., “PB1” refers to page 1 of Appellant’s Brief and “DB1” refers to page 1 of Appellee’s Brief.

iii

TABLE OF CONTENTS

Title Page. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .i

Identification of the Parties and Counsel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ii

Notation as to the Form of Citation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .iii

Table of Contents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .iv

Index of Authorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .v

Statement of the Case. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .vi

Points of Error. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .vii

Statement of Facts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Summary of Argument. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Argument. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

I. Appellee Misrepresents the Record and the Holding in E.J. Rohrt When She States That a Landlord May Not Recover Future Rents When She, Rather Than a Tenant, Terminates a Lease. . . . . . . . . . . . . . .4

II. Appellee Also Misrepresents Applicable Law When She Argues that Appellant Waived Her Right to Receive Delinquent Rent from Appellee for Time Spent in Possession of the Property. . . . . . . . . .8

Prayer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

Certificate of Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12

Certificate of Compliance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12

Appendix. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13

iv

INDEX OF AUTHORITIES

Cases

Texas Supreme Court

Dearborn Stove Co. v. Caples, 236 S.W.2d 486 (Tex. 1951) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

E.J. Rohrt et al, v. Kelley Manufacturing Company, 349 S.W.2d 95 (Tex. 1961) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4, 5, 6

Sanderson v. Sanderson, 109 S.W.2d 744 (Tex. 1937) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

Texas Courts of Appeals

Walling v. Christie Hobby, Inc., 54 S.W.2d 186 (Tex.Civ.App.—Galveston 1932, N.W.H.). . . . . . . . . . . . . . .4, 5, 6

Sargent v. Highlite Broadcasting Co., 466 S.W.2d 866 (Tex.Civ.App.—Austin 1971, no writ). . . . . . . . . . . . . . . . . . . .8, 9

Rules

TEX.R.CIV.PROC. 740. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

v

STATEMENT OF THE CASE

Appellant filed her suit for forcible detainer (herein referred to alternately as

“eviction”) in Travis County Justice Court #2 on June 6, 2014. 2R71, CR30. In

her petition, Appellant pled damages for “all rents … according to the lease dated

5/1/14”. CR30. Additionally, she indicated that attorney fees and court costs were

sought in unspecified amounts. Id. On July 2, 2014, judgment was rendered in fa-

vor of Appellee. CR11. On or about July 23, 2014, Appellant appealed from that

judgment to the Travis County Court at Law #1. CR5.

On August 25, 2014, this cause came to be heard in County Court at Law #1,

for trial by jury, which returned a verdict in Appellee’s favor. CR144-CR147. On

August 28, 2014, Appellant moved the County Court to render judgment notwith-

standing the jury’s verdict, to grant a new trial and to issue written rulings on her

proposed jury questions. CR153-CR175. On September 17, 2014, the court de-

nied all post-judgment motions and rendered judgment in favor of Appellee that

Appellant take nothing, noting specifically that Appellant was not entitled to col-

lect the rent in arrears for July and August of 2014. SR5, SR10-SR12, CR176.

Appellant filed her notice of appeal on September 22, 2014, and this appeal

ensued. CR177.

vi

ISSUES PRESENTED

I. Appellee Misrepresents the Record and the Holding in E.J. Rohrt When She States That a Landlord May Not Recover Future Rents When She, Rather Than a Tenant, Terminates a Lease.

II. Appellee Also Misrepresents Applicable Law When She Argues that Appellant Waived Her Right to Receive Delinquent Rent from Appellee for Time Spent in Possession of the Property.

vii

STATEMENT OF FACTS

On April 12, 2014, Linda Nowlin (hereinafter named “Appellant”) and

Lori Keaton (hereinafter named “Appellee”) created a Residential Lease Con-

tract (hereinafter named “the Lease”) for the rental of residential real property

located at 3907 Eck Lane, Austin, Texas 78734. 1PX1, 2R27. The Lease grants

to Appellee the right to possess and occupy the subject property only so long as

she pays rent for its use and she abides by certain enumerated and specific rules

and prohibitions. 1PX1.

In Section 32, “Default by Resident,” the Lease provides that “[a]ll

monthly rent for the rest of the Lease Contract term or renewal period will be

accelerated automatically without notice or demand (before or after acceleration)

and will be immediately due and delinquent if, without [Appellant’s] written

consent[,]” Appellee leaves the property prior to the end of the lease term with-

out paying rent for the entire term, or if Appellee is “judicially evicted or

move[s] out when [Appellant] demand[s] because [Appellee has] defaulted.”

1PX4.

On June 4, 2014, Appellant posted her first notice to vacate for breach of

the Lease, alleging that Appellee was in default as a result of her resisting and

attempting to thwart and frustrate Appellant’s attempts to repair the property and

her intentionally disturbing the comfort and convenience of Appellant and her

2

agent. 2R87-2R88. The Notice to Vacate stated that “[y]our [Appellant’s] resi-

dency is terminated effective immediately[,]” and that “you are liable for all rent

due under the full term of your contract, damages to the premises, legal fees and

any other charges due under the terms of your agreement.” CR32. Nowhere did

it state that any changes were made to the Lease by the issuance of the Notice to

Vacate or that the Lease was terminated. Id.

Appellee was required to make payments of rent to Appellant on the first

of each month in the amount of $2,100.00. 1PX1. She last paid rent on June 3,

2014, for the month of June of 2014, and made no further payment, though she

stayed in possession of the property until September 5, 2014. See SR9, and see

2R76. On July 2, 2014, Appellant requested of her banking institution that her

deposit account be made inaccessible to Appellee, effectively refusing to accept

late payment of rent. 2R41.

In her testimony at trial, Appellee stated that Appellant “told me [Appel-

lee] that she would never accept rent from me and that she would get an eviction

against me.” 2R108.

SUMMARY OF ARGUMENT

No general rule of law exists that states that a landlord may not recover

future rents if she terminates a lease, or that a tenant and landlord cannot enter

into a lease giving the landlord the power to do so, and the case Appellee cites

3

for this proposition does not recognize such a rule. Rather, it says that the lan-

guage of the lease controls whether or not the landlord should be permitted to

recover future rents after retaking possession as a result of a tenant default and it

ruled that the language of the particular lease under review in that case did not

preserve that particular landlord’s right to do so.

Appellee’s arguments regarding future rents are irrelevant as Appellant

has not sought future rents in this matter, but rather only those rents due for time

Appellee spent in actual possession of the property in July and August of 2014.

Appellant did not terminate the Lease by the issuance of her Notice to

Vacate on June 4, 2014, and no language therein can be construed as releasing

Appellee from any of her obligations thereunder. Rather, the language of the

Notice to Vacate has the opposite effect of reminding Appellee of those obliga-

tions.

Appellee’s argument that there exists a maxim of contract law that holds

that when a party to a contract prevents by wrongful act the performance of an

obligation of another party to the contract, that obligation should be deemed ful-

filled, and that this maxim supports a conclusion that a landlord who refuses late

payment of rent waives the right to receive rent is meritless. The cases Appellee

cites in support of this proposition have no bearing on landlord and tenant dis-

putes or the obligations of tenants to pay rent for possession of property.

4

ARGUMENT

I. APPELLEE MISREPRESENTS THE RECORD AND THE HOLDING IN E.J. ROHRT WHEN SHE STATES THAT A LANDLORD MAY NOT RECOVER FUTURE RENTS WHEN SHE, RATHER THAN A TENANT, TERMINATES A LEASE

In her “Argument 4” in Appellee’s Brief, Appellee argues, implicitly, that

Appellant is not entitled to recover the rents sought in this matter because she

terminated the lease. DB, at 6. Appellee states that a “landlord may not recover

future rents stipulated in a lease when the landlord, and not the tenant, termi-

nates a lease[,]” and cites, in support of this proposition, E.J. Rohrt et al, v. Kel-

ley Manufacturing Company, 349 S.W.2d 95 (Tex. 1961). Id. No such holding

or general statement of law can be found in that case. Rohrt, generally.

Rohrt is a case about a tenancy under a lease with operative wording that

is entirely different from the wording of the lease in this matter. Id. In that

lease it was stated that, in the event of a default by the lessee and at the lessor’s

discretion, the lease might be considered forfeited and that it “shall cease and

come to an end as if that were the day originally fixed herein for the expiration

of the term hereof[.]” Id, at 96. The Court acknowledged that the general rule

in cases of default by tenants is that the landlord may sue for damages (future

rents, most often in cases of breach by abandonment) or to cancel the contract

(possession, in cases where the renter is still in the property) but not both. See

id, at 98 (quoting Walling v. Christie Hobby, Inc., 1932, Tex.Civ.App.—

5

Galveston 1932, N.W.H.). It also acknowledged, however, that this general rule

does not supersede the terms of a lease that states expressly that a landlord’s re-

taking possession after a tenant default does not obviate the tenant’s obligation

to pay future rents for the remainder of the term of the lease. Id (quoting Wall-

ing).

The Court found, in Rohrt, that the language of the specific lease under

review indicated that the lease itself should terminate at the landlord’s discretion

upon the tenant’s default and that the remainder of the language of that lease1

was insufficient to preserve the landlord’s right to future rent thereafter. Id, at

98-99. By contrast, the Lease in this matter states clearly that rent “for the rest

of the Lease Contract term ... will be accelerated ... and will be immediately

due” if the tenant is judicially evicted or if she “move[s] out when we demand

because [she has] defaulted.” 1PX4.

In other words, rather than stating that the lease will terminate at the land-

lord’s discretion upon the tenant’s default, this Lease states expressly that, when

a tenant defaults, the landlord may retake possession and that the remaining rent

due on the contract will be accelerated and due immediately. Id. The only ap-

plicable holding in Rohrt, the case Appellee herself cites in support of her prop-

osition that Appellant is not entitled to accelerated future rents, is that the gen- 1 The lease in Rohrt stated that at the tenant’s default, the landlord could elect to retake possession “without prejudice to any remedies for arrears of rent or breach of covenant” and the Court reasoned that future rents for the remaining unexpired term were not “arrears of rent”. Id.

6

eral rule of law in this area does not supersede the contract and that the language

of the Lease, therefore, controls.

It should be noted, however, that Appellee’s opinion regarding whether or

not Appellant is entitled to future rents is irrelevant. Appellant has not sought

future rents in this matter and has requested only those rents due to her for time

Appellee spent in actual possession of the property. 2 Neither in Rohrt nor in

any of the cases upon which it relies was delinquent rent for time in possession

an issue. 3 Rohrt, generally.

Appellee’s Argument 4 also relies on her statement that “appellant termi-

nated the lease in her Notice to Vacate dated June 4th, 2014.” However, no-

where in that document is it stated that the lease is terminated. CR32, generally.

As Appellee appears to acknowledge in her direct quote in this section, the No-

tice to Vacate states that, “[y]our residency is terminated effective immediately.”

CR32 (emphasis added). It also states, explicitly and clearly, that Appellee re-

2 Appellant’s initial filing in the Justice Court was made on June 6, 2014, when Appellee was current on rent, and though it includes language indicating that Appellant sought “all rents and reletting fees according to the lease[,]” Appellant completed the form without the benefit of counsel and was not advised that the Justice Court only had jurisdiction to award damages for rent that was already due at the time of judgment. CR30, and see Tex. R. Civ. P. 740. Future rent damages were not pled separately in the trial court, nor argued to the jury, nor included in the Charge of the Court for the jury’s consideration, nor mentioned in Appellant’s Motion for New Trial or her Motion for Judgment Notwithstanding the Verdict. 2R165-2R175, CR144-CR146, CR170-CR172, CR166. 3 In Rohrt, all delinquent rent had been paid prior to litigation. Rohrt, at 96. The Rohrt Court relied on Walling solely for the portions of the opinion having to do with future rents, but it did mention, in passing, that the Walling Court rendered judgment for the landlord in the matter of rent that was delinquent for time spent in possession . Id, at 97-98 (stating that “Judgment was rendered for [the landlord] only for delinquent rentals due as of date of cancellation[.]”). In Dearborn Stove Co. v. Caples, it was the lessee who terminated the lease by abandonment and the lessor was ruled entitled to keep future rents already paid for time following the abandonment. Id, at 98 (citing Dearborn, 236 S.W.2d 486 (Tex. 1951)).

7

mains “liable for all rent due under the full term of [her] contract,” reminding

her of her obligations, discussed above, under the terms of the Lease. Id.

Residency, or possession, is only one component of the Lease, having to

do with the privity of estate under this contract for the use of property. Its ter-

mination is not equivalent to the termination of the Lease as a whole, which con-

tains myriad other components having to do with the privity of contract thereun-

der.

Additionally, it should be noted, in brief, that the trial court disposed of

the issue of whether or not the lease had been terminated when it issued its Final

Judgment denying Appellant the relief she sought in this suit for forcible detain-

er. CR176. It was Appellant’s contention that she was entitled to retake posses-

sion because of Appellee’s default, but it was Appellee who prevailed at trial,

retaining her right to occupy the property (subject, of course, to this appeal). Id.

Unless Appellee now intends to argue that the trial court recognized some right

of occupancy that was unconnected to the Lease (such as a transfer of title, for

example), it cannot be rationally disputed that the trial court acknowledged im-

plicitly, but necessarily, that the lease was still in force on August 25, 2014, long

after Appellee now contends it was terminated by the Notice to Vacate. Id.

Appellee’s failure to present to the Court, in a forthright manner, all of the

relevant information regarding the contents of the Notice to Vacate, Final Judg-

8

ment and Lease, and her making an argument that relies upon the omission of

the language of those documents highlighted herein, together constitute a delib-

erate misrepresentation of the record. In similar manner, Appellee’s citing

Rohrt in support of the general statement that a landlord may not recover future

rents when she terminates a lease, without qualification or explanation, consti-

tutes a deliberate misrepresentation of the holding in that case.

II. APPELLEE ALSO MISREPRESENTS APPLICABLE LAW WHEN SHE ARGUES THAT APPELLANT WAIVED HER RIGHT TO RECEIVE DELINQUENT RENT FROM APPELLEE FOR TIME SPENT IN POSSESSION OF THE PROPERTY

In her “Argument 2” in Appellee’s Brief, Appellee argues that her obliga-

tion to pay rent was fulfilled (presumably forever), though she paid no rent,

when Appellant refused to accept rent from her in July and August of 2014, or

when Appellant stated that she would no longer accept late rent 4. DB, at 5. Ap-

pellee cites two cases in support of what she terms a “universal maxim” that

when a party to a contract prevents performance of an obligation by another par-

ty to the contract, the obligation should be considered fulfilled. Id (citing Sand-

erson v. Sanderson, 109 S.W.2d 744 (Tex. 1937) and Sargent v. Highlite Broad-

casting Co., 466 S.W.2d 866 (Tex.Civ.App.—Austin 1971, no writ)). Neither of

4 Appellee’s brief states, “Appellant stated on July 22 that she would never accept rent from appellee.” DB at 5. Though no citation is offered for this assertion, it is presumable that Appellee is referring to her testimony at trial found on 2R108. Appellant’s Attorney has found no other reference to any such statement in the record despite diligent search. It should be noted that this statement consists of inadmissible hearsay and that Appellant’s Attorney ’s declining to make a timely objection does not increase its minimal probative value.

9

the cited cases is applicable to landlord and tenant disputes or has anything to do

with the obligation of a tenant to pay rent for time spent in possession of rental

property. 5

Conversely, both cases involve fact scenarios in which one party to a con-

tract prevented the performance of another by wrongful act, apparently calculat-

ed deliberately to cause the other to breach the contract involuntarily, and,

thereby, to remove the first party’s obligation to perform. In this case, it is Ap-

pellant’s contention that Appellee breached the Lease by failing to pay rent on

time and before any refusal to accept it. No reasoned argument has been or can

be made that Appellee’s refusing to accept late rent, to the extent that she did,

was calculated to do anything other than preserve her argument that Appellee

had already breached the Lease by failing to pay it on time. Additionally, no

reasoned argument can be made that either of the cases Appellee cites supports

her apparent contention that a tenant should be allowed to remain in possession

of rental property rent-free when a landlord declines to accept late rent.

5 Sanderson involves a contract between a decedent and her final caretaker, whereunder the caretaker was promised the conveyance of a certain piece of real property in exchange for her caring for the decedent until her death. Sanderson, generally. The Court ruled that the caretaker was prevented from doing so when she was ejected from the decedent’s home eight months into the term of the contract and two months prior to the death of her charge. Id. Sargent involves a contract between two broadcasters that was breached by the one when it was unable to obtain a certain license from the FCC only because the other refused to provide to the FCC certain documentation under its control that the commission required for the license. Sargent, generally. The Court ruled that because the other prevented the one from performing its obligation, the obligation would be deemed fulfilled. Id.

10

Appellee’s argument constitutes, essentially, an argument that Appellant

waived her right to receive rent, though it is not stated as a waiver argument in

those express terms. As such, and because Appellant’s position regarding waiv-

er is stated in Appellant’s Brief,6 it is not necessary to respond herein to any

other portion of Appellee’s argument or to ask the Court to spend its time re-

viewing a reiteration.

Similarly, it is unnecessary to respond to the remainder and main thrust of

Appellee’s argument, that the entire matter is moot, as Appellant’s position on

the mootness of the matter is stated in also Appellant’s Brief. 7

6 See Appellant’s Brief §§ IA, at PB13-PB14, and IIB, at PB28-PB30.

7 See Appellant’s Brief § IIA, at PB21-PB26.

11

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully re-

quests that the Court reverse the judgment of the trial court and render judgment

in Appellant’s favor for Appellee’s unpaid rent for the months of July and Au-

gust of 2014, Appellant’s reasonable pre-trial attorney fees, costs of court and

pre- and post-judgment interest, and that the Court remand this matter to the trial

court for a new trial on the issue of trial and post-judgment attorney fees; or, in

the alternative, reverse the trial court’s judgment and remand this matter to the

trial court for a new trial on all issues; or, in the alternative, vacate the trial

court’s judgment on all issues.

Respectfully submitted,

DAVID NOWLIN

/s/ David Nowlin__________________ State Bar No. 24049196

7301 RR 620 North, Ste. 155, 319 Austin, Texas 78726-4537 Telephone: (512) 468-4882 Email: DavidNowlin@me.com

ATTORNEY FOR APPELLANT

12

CERTIFICATE OF COMPLIANCE

I certify that this brief was prepared using Microsoft Word and that, according to that program’s word counting function, the document (excluding the caption, identification of the parties and counsel, table of contents, index of authorities , statement of the case, points of error, certificate of compliance, certificate of service and appendix) contains 2,826 words. The body text is in 14 point, Times New Roman font and the footnotes are in 12 point, Times New Roman font.

/s/ David Nowlin__________________ State Bar No. 24049196

CERTIFICATE OF SERVICE

I certify that on March 2, 2014, a true and correct copy of Appellant’s Reply Brief was served by electronic service on Robby Abarca, the attorney of record for Appellee Lori Keaton, at his email address of record, RPAbarca @AbarcaLawFirm.com.

/s/ David Nowlin__________________ State Bar No. 24049196

13

APPENDIX

The following pages constitute the Appendix to Appellant’s Reply Brief, and contain:

(A) The Final Judgment of the Trial Court,

(B) The Jury Charge and Verdict, and

(C) The Text of the Rules and Statutory Authority and the Lease Upon Which Appellant’s Argument is Based, including:

(1) Texas Rule of Civil Procedure 740, and

(2) The Lease.

No. C-l-CV-14-006938

^

Linda Nowlin, § IN THE COUNTY COURT # % Plaintiff, § §

v. § OF TRAVIS COUNTY, % §

Lori Keaton, § <$ Defendant § COUNTY COURT NO. 2

FINAL JUDGMENT

On August 25, 2014, this case was called for trial. Plaintiff, Linda Nowlin, represented by counsel announced ready for trial. Defendant, Lori Keaton, represented by counsel announced ready for trial. After a jury was impaneled and sworn, it heard evidence and arguments of counsel. In response to the jury charge, the jury made findings that the Court received, filed, and entered of record. Thequestions oubmittod to the jury and die jury'a findings are attachod qo Exhibit KupX-^r incorporated by reference—»

All matters in controversy, legal and factual, were submitted to the Court for its determination. The Court heard the evidence and arguments of counsel and announced its decision for Defendant.

The Court orally RENDERED judgment for DEFENDANT on August 2014. This written judgment memorializes that rendition.

1. Accordingly, the Court orders that plaintiff take nothing and that defendant recover court costs from plaintiff.

2. This judgment finally disposes of all claims and all parties, and is netappealable .-kxausi this Court lost subject matter jurisdiction of this-~ ^-controveray on Scptcmbei 5, 2014 when Defendant lUiuquijhod • prmrrnfiinn nf thr prnmhn nt 1nH7 Til I lint1 Pir mrr x Pr-friiilm!— GucceGofully defended lieiself against the wrongful eviction suit—• - biought by plaintiff in Justice Court, Travi3 County, Texas, Precinct 2 and again won on appeal in Travis County, Court at Law 1.•

SIGNED on V/7 •»#.•

000904003 \Ko

CAUSE NO. C-l-CV-14-006938 8 IN THE COUNTY COURT UNDA NOWLIN J § AT LAW NUMBER 1 ^ §8 TRAVIS COUNTY, TEXAS '•:j '•

LORIKEATON 8 j rmD^rrw THE COURT

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based on apreponderance ofthe evidence. }Nhe^J^^Q^e evidence. The term "yes" or "no," your "preponderance oftheanswer must bemeans evidence" basedtheongreater aPJJ'^^jS^dence presented ™8^*££ eviden V ^ in this cLIfyou do not find that aP^™^/^ ofwitnesses or by ^iden^ou mustfind thatthe fact ™^^^^ons andthenJUstanswer me^^^ will win. Do not discuss or consider the effect your answers will have.

you answer another question my way. ,wi«nn Qf atleast 5 ofthe 6 jurors. The

less than 5jurors, even ifit would be amajority. AS. have said before, ifyou do no, follow these^^^J^^his ,Qwould for misconduct, and 1might have to order anew tnal and sttrittas P_«"^« «

immediately.

u,• u ^ u «ninirrT FV1DENCE" or by "CIRCUMSTANTIAL

Question 1:

elatingrepairer refurbishing costs, or doing preventive maintenance? Answer "Yes" or "No".

Answer:

W

I<t5

Question 2:

Did Lori Keaton fail to comply with the lease by failing to pay her rent in atimely manner?A failure to cccomply must be material. The circumstances to consider in determining r?

whetherafailure to^^^^^wlll be depriVedofthe benefit wluch she 2 STSX"wh^the injured party canbe adequately compensated for the part of 3£^»^^ 4.mt^^^

comports with standards of good faith and fair dealing. Answer: Nv

aBBSS^ areasonable fee for the necessaryservicesofLinda Nowiin, attorney for preparation and trial in this case, stated in dollars and cents?

Answer: —

Presiding Juror: ,. When you go into the juryroom to answer the options, the firs, thing you w,l, need ,0 do is choose a presiding juror. 2. The presiding juror has these duties: deliberations;

fo.low *e-^*^sti0„sor comments t0 the bailiffwho will give them to the judge;

d write down the answers you agreeon; e' get the signatures for the verdict certificate; and f.' notify the bailiff that you have reached averdict.

Do you understand the duties ofthe presiding juror? Ifyou do not, please tell me now. Instructions for Signing the Verdict Certificate:

frh

1. You may answer the questions on avote of5JurorsJhe^ j^n^^i^y answer in the charge. This means you may not have one group of 5jurors agree and adifferent group of 5jurors agree on another answer

verdict, of;«« Ynu mavend ud with all 6 of you agreeing on

m

CAUSE NO. C-l-CV-14-006938

§ IN THE COUNTY COURT LINDA NOWLIN § § AT LAW NUMBER 1 § § TRAVIS COUNTY, TEXAS LORI KEATON

Verdict Certificate

Check one:

_____ Our verdict is unanimous. All 6of us have agreed to each and every answer. The presiding juror has signed the certificate for all 6ofus.

ire"of Presiding Juror Printed Name ofPresiding Juror our verdict is not unanimous. Five ofus have agreed to each and every answer and have signed thecertificate below. SIGNATURE NAME PRINTED

T?

14

Texas Property Code § 24.002

COMPLAINANT MAY HAVE POSSESSION

The party aggrieved may, at the time of filing his complaint, or thereafter prior to final judgment in the justice court, execute and file a possession bond to be approved by the justice in such amount as the justice may fix as the probable amount of costs of suit and damages which may result to defendant in the event that the suit has been improperly instituted, and conditioned that the plaintiff will pay defendant all such costs and damages as shall be adjudged against plaintiff.

The defendant shall be notified by the justice court that plaintiff has filed a possession bond. Such notice shall be served in the same manner as service of citation and shall inform the defendant of all of the following rules and procedures:

(a) Defendant may remain in possession if defendant executes and files a counterbond prior to the expiration of six days from the date defendant is served with notice of the filing of plaintiff's bond. Said counterbond shall be approved by the justice and shall be in such amount as the justice may fix as the probable amount of costs of suit and damages which may result to plaintiff in the event possession has been improperly withheld by defendant ;

(b) Defendant is entitled to demand and he shall be granted a trial to be held prior to the expiration of six days from the date defendant is served with notice of the filing of plaintiff's possession bond;

(c) If defendant does not file a counterbond and if defendant does not demand that trial be held prior to the expiration of said six-day period, the constable of the precinct or the sheriff of the county where the property is situated , shall place the plaintiff in possession of the property promptly after the expiration of six days from the date defendant is served with notice of the filing of plaintiff's possession bond; and

(d) If, in lieu of a counterbond, defendant demands trial within said six-day period, and if the justice of the peace rules after trial that plaintiff is entitled to possession of the property, the constable orsheriff shall place the plaintiff in possession of the property five days after such determination by the justice of the peace.

35

mc Cunlracl is only validif filled out before Ja/tiM.

TEXAS APARTMENT ASSOCIATION [AT

Residential Lease Contract -fl

Lease Contract:_

7/it's ,l limiting nwifraxf.^fiy/ x.irt/iAji/ he/assigning.

Contract is filled out)

len this Lease Con

Moving In- General Information J*

before the -? _ davot lliemonth, '4(11011 "° (S3 ,,

pav aV»initial ,

late charge

1. PARTIES. ThisLeaseConttactisbetween mi.lheiC5ideiiti.s)f/isM/l jH-ojiicofs __£t2 pliisaxiailvTalcchorgxuJrS^6r^V. perdav after s/pirinx- theUosc Conlnjct): | _ .late until paiilin lull. Daily lalediargi'1'WiH not (Weed lSdaystor 'Uri K^TrT^. arysmglemonliAient We will not impose laleclwrerg until atleasl the third day ol the month. You'l!aIsop,iyaxhaij,eolV^-~ foretell andiis,Hie owner: returnedxheckor rejeettd electronic payment, plusinitial anddailylate L-Vf\A(X. ts^ntjli^, Jiargesuiltil we rei eileaojeplable payment. Daily late-charge-, will not exceed 15d,iysioi anysingle month's rent. IIX oudon'tpayrentontime You've agreed torent the following dwelling Icheck one]:J:3moiise.

f. you'llbeinilefaul: and.ill remediesunder.tale lawand thisleaseContrac a duplex unit, or O oilier unit, and any grounds, garage or will bentithorizrd.il'you vtolalelheanim.il lestrictiniisijfpiiragrapll r impuivemenlskxntedal^J^Ctll *—C^Tt ^^ or other animal rules, vou'll pay an initial •barge ot % ' Vj?L per irn-tuMii'ss) animal(iu>tt<.u'\ct-t'J if100i«-ianimal)aiidadrtilvxrh.iii;eol^ ID.

peraniinal(nottoexceed SK'perdavper nal) from tliedatetheamma!

^r-U-sVi^L lahil.

wasbioufihtintovinirilwellin^unHlil istinaliy removed We'll alsoh<r Texas. ___ajlI12)}^. JW nfe) for use as a private residence all other remedies lor such \ iolation nly. The terms "you" and "your" refer toall iesidenls listed above, anil or UTILITlLS/SERVlCLS.Yi.u'llpaytoralluUli'.ie^iodse'vio'sincludii aperson authorized toact inlhecvent of asole resident's death. The terms electricity, j;as. water, wasirwater, tr.^b;'recyt-lin^,, cable/s.ate!lite "we,""us,"and "our" refertotheownerlistedabewe and nottopinpcrtv stoi imvater/di -linagenuU^i nd icatcd in paragraph It).You pay(ora:i managers or anyone else. Written notice lo or from our managers a-!,Ued deposits, cl,arj;i'Sor lees on such and services. You rr us! constitutesnoticetoorfromus. Ifanyoneelsehasguaranlcedperloiina nee not allow any utilities (other than cac•k-o'- Inlernel) to be cut oft or of thisLease Contract, a separate Lease Contract Guaranty foreach switched foi anv reason—including di*«'\in'iection for not pay i'-'g your guarantor must be executed. bills—Unhl the Lease Conlracl lem» oi i•enewal perimi ends. You mutt mmicx-tulihliesiny(Hirnanie,andyoun'ustnotitytlKMitilitypro\:de:oi OCCUPANTS. Thedwelling willbeoccupied onlybyyouand (list nil vmir move-on! dale so (he meter can be limelv read. It you delay ftettin^ other occupants not signing the Lease Ce'ifrurf): it turned on in your name by lease commencement or cause it to be " kT y^f.a.rtvrA tianslerred back into our name before v enderor abandon the

±S&&£ dwelUiiR,vou'llholiaNefora!H_SsLtCA. eino!loexi.ced$50oer viobtioii)4^1ustbeatUialoresiiiiiaU'L^Kt(>ftheutilitiesusedwiLLletlieu'.ilitv should have been connected in your name If \ ou are in an area open :n Nooneelsemayoccupy thedwelling. Persons notlistedabovemustnot compel ition, you mavchouse orchange vourretaileleclricproviderat anv lime Ifyuiumalify.YOurpioxiderwillbellM-samea^o nle^syou choose stay illthe dwelling for more than *~i consecutive days xx-ilhout our adifh-rentpio\ider.II'vouchcH->seorchangevourpriov ider, von must j;ive priorwritten consent, andnomore thantwice llial many daysinanyone ter fees, includLne an v month. Ifthe prawnsspoec isn't ftlldl in. tuv flai/s permonth is the limit. us written nolice.>ou .tKislpayallapplicable pi fees to change service back into our name a:1c LEASECONTRACT TERM. The initial term of the Lease Contract c-rJt'iikiw

begins on the_ property. You iireldtcck-oiwi.

O requiied d i buvamid maintain i i- liability i (yftir^andencisalmidnightthe "3^ _dayof_ -A-f- iit_ (•.//(fC/ilTlrlJl/nilfjl'.'f^OI'

^JH \fyycar). This Lease Contract will automatically renew month-lo- [jj^not it-qoired to buv ii-nlev's i Mhtv mstu

month unless either party gives atleast 3D da>'s whlten noliceof 1} neither fcehecked.insurance itnot reifi- edit iti?*tilt>ti\ iglifiCLOWt'tcnd-.-.i. tei-nimabonoruitenttomove(>utasvetiuiredbyparagraph37.f/t/(e>rjniibtT Ifnot required, we ur$? you to^cf uoio mi'->:ir.vuv for hw* due io theft, tire. iVi'fei dui'tiiye, pipe leak* oihl -. er :*intt!tii •<<cti!tcncc$. Renter's ofdaus isn't filled in, atleasl 30dapnotice /5 requited. a Mood. Intormation on renter's insurance does not cover losses due SECURITYDEPOSIT. The total security deposit for all residents is insurance is available from the Texas Department of Insurance. S N/A •due on or before tlie ci<1te t,lis Lease Contract is signed. SEC'"" vnrvif F^ Wh.itWpMnsiPfovidp.Ti'\:is law requires, wj'.h This amount {checkone}: 0 does orGKkies not include an animal depo someexceplion^, thatwemustpro\ ideatnocoslInyouwhen^ sit. Any animal deposit will be staled in an animal addendum. See begins: flfa window latJi oncadAwiudovvj (21 a_d.oor\ie\^er(peeph.Qlei oncaeh exlerior door; (31 a pin locknn ejiJi^liding dooxLj4)either a dpor paragraphs 41 and 42 for security deposit >sit return

re mi inform.ai.ior-.

bundle "lakh orasecurity baroneach sIjdm^Iojiril5la.keyIcss bolt;?a& ^-otjorsec. jler- -h>V>c :p- - t l kMP*a

w (& c*o*<*S deviceJj.lc_adk>iijoi^e^ciujxteno!jJi^ KEYS, FURNITURE AND AEF1DAVIT OF MOVE-OUT. 1 ou wi ln.-k 01 a keyed deadbolt lock ononcvei>JLy^oi_Ke>'edJock\s) will.be provided ( dwelling key(s),_ ^mailbox kcy(s),and rekeved,iftei theprionesidentmo\esoi!I:Therekeyint; will bedoneeither hpiou^yimniovein oi within 7 days alter you movein, as requited by otheraccessdevices for .Anv resident, Ailyresident.occupant, st-uinv JJ_^x»iiiii1Jn ijisLdlor rekev security devices as reciuued_bvjju;

orspousewho.accordiiigtoaremainingresident'saffidavil.hasiieniianenlly l'i-0pertvCodc\youhavelbeii^)ttodosoanddeducUbe_jk'as>|nablecos_t moved out or is under court order to not enter (he dwelling, is (at our Lroiryout nextrentpayuiciilujidj^-vt^^^ option) nolongerentitled looccupancy.keys.or other access devices. Your dwelling willbe[ciieck one}: • furnished or0 unfurnished WhatYuuAreNowRequestinR-Siibject tosiuneliir:tations,underTexas lawyonmayatanvtimeaskusto: (iJinstall onekeyed deadbolt lock on an exterior dooi d itdot^nothavt one:(2) [ns',a,.ias(.curit\,baronaslid;ny;

RENT AND CHARGES. You will pay t.SU, 00 per month for glass door ifitdoes not have one; and (3) change orrekey locks oi latches reJit.inadvaoceandwithoutdeniandat Qi»JT\f K <. Q.CLQX' {2tff* Wemustcompivwuhthoserequests, butvonmustpayforthem. Subject VjJgJtS p/ilY^n PAWyfL, and payable toSkiwnei or tostatutoryrestrictionsnn whatsecurityde\ kos youmayrequest,vouare now requestini; us to install or change al youi expense:

Prorated rent of $. l\/h is due for the remainder or icheck one}: ii!t~tt!lcdni,lUoi,iOi<uicic>pic*!i>!xno>ieiit f/'iV, 01st month ur02ndmonth,un Payment. Wewill pav furmissmj; security devices thataie required by (year).Qllifuvi*:. yon iipint yourrentojini l'i!-<t,'th-' Isitltiu ^lAtiit-n Y.HiwiJlp^yJoxJi^^ ofetidi month (duedtrte) withm$rtu?pc•>-hhi. Casliisunacceptui'Ie withoutcur to rekcy after tlie previous resident moved o_uXv_aDdJZLtc,pa>rg or priorwritten permission. You must not withhold oroffset rent uulctsmtthorizcd replacements due tomisuse ordamageby-youorypm |amily,g&^ip_JujbJ bystatute. Wemay,atouroption, requireatanytimethatyoupayallrent prgu.eiJ^Youmustpav immenlialelyallerthe workisilonennlessstatestxT.nte and other sums in cash, certified or cashier's check, money order, or one authorizes advance payment. xou aki mu^t pay !oiaddiiiona' or changed sec'iinl v devices vou icc.icsl.m advance oi aMi-'u inl.al our option.

monthlycheck ratherthanmultiplechecks. Ifyoudon't payallrenton or Special Provisions and "What If" Clauses SPECIAL PROVISIONS. The followingor attached special provisions UNLAWFUL EARLY MOVL-OLT; KULriTtNG CILICE. and anyaddendaor written rules furnished to you at or beforesigning ^lui'II be liable to us foi a reletting c'i.ii j;e ol y, j ^ $*) (no will become a part of this Lease Contract and will supersede any to exceed 8^".. of the highest iiumlMv ;enl during the I.ease conflicting provisions of this printed Lease Contract form. Contract 'leim )TI vou:

Huneven pr^v\ j-es^rf -&• v' ytreJry r^ (] ) fail to move m, oi fail to e.ive requned in paragraphs 23 <<r out notice as

12) move out wit'nout paying rent • the entire Leasi Contract term or renewal perio O) mo (xut at nur demand lu'x ol vo default; or

atM-3 ID ,11 e judicial;' evii-led

B<iaj~D i •rlettin$ dun not iricti^c \fit from ^rWh L» i , l

Youh Initials; .

^A-

J

_, Initials or Our RtHitstNTAiivr.:

ff'/e.'is mulct

Nola Release. Ilicrclelliiigchargc isnola I.easoConiractcancellalion ive may return redeen-.eo pioperty at tile place ot storage the or htiviitil I'ee II is .. liquidated amount coloring only part ol our management,.ihee, orthe dwclliiigtal ouroption!. \VV may tequire damages. II..,. is. ou. (line, rllort. anil expense in'linduig and pavmenl hi rash, rione. unlet. „,- ,-ortilic,! check processing a ivpl.uviiK-i.l. I!„"„• ,l,iiiijS„ jr.- mi, ertain and dillicult Inasccrlaiti -p.mi, nl.irlythoserelating to make ready, mionientcnce. Disposition ur Sale. I xcepl lor animals and property removed paperwork, adieilising,showing thedwelling, utilities tor showing, after the death nt a sole tcsiclent, we may- throw away or give toa checking prospects, nxerhead, marketing xosts, and locator-seix-ice charitable organization all items of personal properly that are: <1) lees. You .111 roe thai Hie reletting charge is a rea.sonahie intimate of lelt in the dwelling after surrender or abandonment: or (2| left such damages andthai the charge isduewhether ornotourreletting outside more than 1 hour afler a writ ol possession is executed attempts smcecd II no amount is stipulated, yon must pav our lollowing a judicial eviction Animals remoxed after surrende' aetual reletting xosts so l.tr as (hex ,-,m be delermined. Thereletting abandonment. ,„ eviction may be kenneled ur turned over to local .hargi- does not release you horn continued lialiilnv tor limue ..-• .minorities or humane s.k.dies. Propel Ivnottin own away or given past-due i-inf charges lor .leaning, repairing, lep.unhng. or lo charity may be disposed of only hi sal,., which must be held no iinrelui-ni-,1 keys; or nther sums due.

.sooner than IPdays alter written notice ol dale. time, and place of sale issent by ho!!-, regular mail and certified mail (return receipt 12. DAMACES AND KEIMIlUlxSEMENT. You must promptly pav requested) to your last known address The notice must itemize the or reitiibitrsc us lor loss,damage,consequentiul.lumages.goxerc.ment amounts you owe and the name, acldicss.and phime number of Ihe lines or charges, oioust ol repairs or.service in thedwelling due to- a person lo contact about the sale, the amount owed,and youi right violation i,t the I ease Contract or rules, improper use. negligence; to redeemthe properly Sale may be publicor private, is subjectto other ..induct hv vou or lour inx itces. guests in imupants; oi anv anythud-party ownership or lieu claims, musl betoIhe highest cast-, othercause n.il dii,. to,mi- negligence or fault Vmi xvillindemnify and hi.tiler, and may Iv III hulk, in bat, lies, or Hem-by-ilcm Proceeds holxl us liuiiniosslroi.i all liability arising Irnm thexolliluet ol you, exceeding sums owe.! must be mailed to you at your last known youi invilee.s. gnosis, or oivup.inls. or our repiesentativcs who address within ID nays after sale. perlorin at your request servi,-.s tiol contemplated in this Leave 14. TAILING TOPAV FIRST MONTH'S KEN I II you don't pay the (onfr.ut Unless thc_ria!n.aite or wastewater stnppagc_is_d.rie to lirslmonth'srent whenor before theIeaseContrailbegins, ailtuttire piirjiegligeiue, we'rejiol..liablejor — anil you must pay tor — renl will beautoinalii,illy a,celei.lied without nolice and immediately repairs, ri'pl.iceuients_ailll..ilflir|age_to Hie following it occurring one We also may end youi ligh- ol occupancy and recover din-ing (,H' Lease Contract lerm_{>r renewal periotl; (1)damage damages, Inlinerent, reletting charges, attorney's tc-es. court costs, In doors, witidmvs, or screens; (21iljirn,lgefrom windows or doors and oilier lawlul charges. Our rights, remedies, and duties under left openj_3iifl (IJLdjmtjigejTmiiwaslexvater stoppages caused by paragraphs 11 and .12 apply to acceleialion under this pelagraph. improperobjects in lines e\dusiyely.serving your dwelling. We may requite pavnient al anv time, including advance payment ot 15. RENT INCREASES AM) LEASE CONTRACT CHANCES. No repairs for which you're liable. Delay in demanding sums you owe tent increases or I ease Lonlract changes are allowed before the initial is not a iv.iii-ei. I-case Contract term en.ts. except lorchanges allowed by anvspecial provisions in paragraph 111. hi a written addendum or amendment 13. CONTUACTUAL LIEN AND PROPERTY I.LTT IN DWELLING. signed by you and us. or in reasonable . h.uigcs ol our rules allowexl AlLpioperly injhe dwellijig is (unless exempt undx-r Section under paragraph In, If. al least ' .lays bc:'o:e Ihe advance nolice f»-UM2_pHhe Texas Property Code! subject to a contractual lien deadlinereterrixi loin paragraphI ivegivevol!u nllen notice ofrent Lil.secim^ payment (if delLnqueDlrenLJe-sceriLas pmhibilljsl.bj; iiu leases or I.easeContract changes effective ixhen the I case Contract Section 23llh.fx7.lti. Texas C'.overnmeiil Code, for owners supporter! term ,.r renewal rvriiid ends, this Lease Contract will automatically l.'y..LLX_CJ-edit alJciraliiinsL l-'or this purpose, "dwelling" excludes continue innnlh-to-iii..nth wilh the increased renl or 1ease Contract uulslde areas but includes inteiior livingareas and exterior patios, changes. Ihe neyv modilied Lease Coi'tracl will beg;:: on the date balconies, attached garages, o.ni.] storerooms lor your exclusive use. slated in the nolice ixvithoul necessity ol v,.ui signature) unlessyou Removal After We Exercisel.ien for Kenl. ILyour rentJs.ajjjjrifliienL g.ve us written iiioxe-.i-.it notire under paragraph 17. Ihe xv:i:;e-:

move-nut nolice under paragraph .17 applies ,,niy to the end ol the our representative may peacefully enter the dwelling and remove current Lease Contra, t o: renexval period.

•L".d/nr store alljiropgrly subject to licm Written notice of entry must he lelt allerivarils in Hie dwelling in .. conspicuous plaei—plus a list Id. DELAY Ol- OCCUPANCY. Ifoccupancy is or w.ll be delayed tor ot iL'ins reinnx ed Hiein.tiremuststalethe am.,untofdelinquentrent construe lion,repairs, clearing,ora preyionsresident's holding over, and the name, address, and phone number o! the person to contact we're not responsible tor Ihe delay. The I.ease ( onlract will remain ahoul the amountowed The notice most alsostate thai the properly in lorce subject lo: iDabalemenl of rent on a daily basis during will Iv promptly returned when Hie delinquentrent is fullypaid.All delay; ami (21 yntit nghl to terminate as set lo:Hibelow Termination property in Ihe .Ixxvlling is presumed to hi- yours unless proven notice must be in writing. Alter termination, you are entitled only otherwise to ivhind of deposit!:,) and any rent paid Rentabatement or I ease Removal After Surrender, Abandonment, or Eviction. We or law Conlractterminationdoes noIapply itdelayis lorcleaningor repairs ntlicersmay rcmoxr or storeall property remaining in the dw-elling that don't prevent ynu Iroin ,sx upving the dxxcilcig. or in nutside areas (including any vehicles vou or any occupant or Il there is a delay an.: we baxen't gwen notice of delay as set forth guesl oxvns or u-.es) il you are judicially evicted or if you surrender imiuediatelv below, yon may teiniinate up to the date w-iicn Ihe or abandon the dwelling (..V ,l.7'ui?i,.iis in /iinay?rt/,/j -!2j. dwelling is ready tor occupancy, hut not later Storage. We will slore propertv removed under a coiuraclual 11! If we give written nolice to any .if you when ...after the Lease lien. We may, bul have no duty lo, slore pioperly removed afler Conlracl begins—and Ihe notice states that occupancy has judicial exiction. sur.ender, or ahuiidiniment ol the dwelling. We're been delayed because ot . .instruction or a previous resident's not liable lo; casually loss, damage, or theft except to. property holding, and that thcdwclli x:l) In .ly on a specific remoxed under a ii.nti actual hen Vim must pay reasonable dale—you max. terminate Ihe I easeCunttacl wilhin .1 days of chargesI'orou rpacking,reinnx ing,storing,and sellingatiyptopcrtv. your leceiving the notice, hut not fater We have a lien on nil properly removed and stored alter surrender, ubamtuninenl, or )udictal eviction for all sums vou owe. will: oni'

(2) Ifwegiie written"Olirelo anyof you beforetheellectixeLease Contruc! date and the notice stales thai , on~ttuciioii delay is exception-dm lien on propertv listed under Propertv Code Section expected andthatthedwelling will beready for youtooccupy ST ll.|2 is hniited lo .h.uges loi packing, ii-inoyiug. and storing on a specific date, you may terminate the LeaseC ontracl within Redemption. IIwe' i e sei/ed .lintsloied propertv under acontractu,!I 7 days afler any of you receives cxrillei: notice, bul not later. lien lor rent us uutlion/ed by the Property (ode. you may redeem Ihe readiness dali is considered '.he new eftechve Lease the properly by paving all delinquent rent due at the time ol seizure. Contract date 'or all purposes. Ibis new dale may not be Hut if notice ol sale Iset forlll as t.illoyvslis given before vou sock moved lo an ea-lier dale unless xxv and yon agree. redemption, yon may redeem. mix by paying the delinquent rent and 17. DISCLOSURE RIGHTS. II someone requests intorinalion on vou reasonable charges lot packing, lemming, and storing If we'ye or your rental history for law-enforcement,gex-erilinental.n: business removed .\iu\ sloied properly after surrender, abandonment, xii purposes, we may provide it At our tec|uest. any utility provider ludicialexiction,you may redeem only by paying all sums you owe, may lurnish us inform.ilion about pending oi ai tiial conni-crioils or including rent, laleihaiges, relelllng charges, storage, damages, ch disconnections ol utility serxi.e lo youi ilweliine

While You're Living in the Dwelling 18. POLICIES OR RULES. You and al! gnosis and occupanls must porches; (21 the ondi.d o: liiiniture moxois.ird delivery persons;

, .imply Witt: any xx nllen rules an.! policies including instructions for and l l| activitu in outside areas. cure oloiir propoily Our rules are , i.iisiclered part ol this contract We may make- leasonable , hanges to yyritten rules, etfectlv, Wvm.ix exclude from live properly guests.,: others who inoitijudgment, immediately upon then distribution to you. These changes must not have been violating the law. violatingIbis I ease l.ontrait or anv ol our .lunge any dollar .minimis on page I ol this Lease Conlracl Vou rules, or distuibing otl.ei persons, neighbois, visitors, or ownei must comply with any subdivision or deed restrictions that apply. represenlatixes. We mayalsoexclude lioiuany outsideareaa person who relusesto show photo idetitilication oi ictuses to identity llimsell IV. LIMITATIONS ON CONDUC'I Ihe dwelling and other areas or herself as a resident, occupant, or guestol a s|ieiilk resident reserved lor your private use must be kept clean hash must he- •lou will notify us withm II days it you or any occupants a:e disposed ol al least weekly in appropriate receptaclesin accordance c.invicred of any felony, or misdemeanor involving a controlled, yvith localordinal ices I'.issagewaysniayTx- used only forentiy oi exit. substance, violence toanother person ordestruction ofproperly You Any siviiuming pools, spas.sio.eos-.nis.andsiiiiilarareas must be used alsoagree lo notify us witlnn ISdays il you or anyon upants registe: withcareina,, orclulh e withour iilk-sandpostedsigns.Classcontanleis .;» a sex olleilcler ill any stale. Informing us ot criminal convictions are prohibited itior nc.M- pools Yon, youi occupants, or guests may- orsexotlenderiegistry dices, :„twaiyeany lighl,yve have against vou. not anywhere in Ihe dwelling or outside areas Use candles or kerosene lampsor heaters withoutour prim- xvrillen approxai, or 20. PROHIBITED CONDUCT. You andcur ixcupants or guests may solicit business or conliibutioos Conducling any kind of business notengagein llv following achy ities: criminal conduct; behaving ina (in.hiding child care .serxi.es) in your dwelling is prohibited— loud oi-obnoxiousmanner;dlslurbingor threatening Iherights.comtort, except thatany lawlulbusiness ennducied -at home''by computer, health, safety, or convenience of others [including our agents and mail, or telephone is peimissible il customers, clienls, patients or employees) inor nearthedwelling: disrupting ourbusiness operations, other business assniiaies donot come toy,,u. dwelling for business manufacturing, delivering, or possessing a , ntv.iolle.l substance or drugp.uapheriialia; engaging in or Ihrealcning violence possessing purposes. We may legulale (l)the use ol patios, bale-on:, s. and UlSllilMl.l. I.I 1 21111, 11 II Nl Ac , 1~'

a weapon proliihivd by state law, cliscli.uving .: lirearm ic the 3>(o

37

dweilmg;LMbptoyingorpossessingagun.V -olher weapon mornear Crime or Enu y. Dial 911 or immedialely cilt local medi.vi'. the dwelling ina way that may alarm oth. .ioriiig anything inclosets emergency, fire, 1Kepeisoiuieliucaseofaccide!it,hi'e,smoke,suspected having gas appliances; tampering with utilities or telecommunications; criminal activity, orotheremergency involving imminent harm. You should bringing hazardousmaterialsintothedwelling;using windows for entry diencontactoLiTiepresentauve.Youwon'ttreataiiyofourseciLritymeasuiesa^ orexit;heatingthedwellingwithagas-opera tedcookingstoveoroven•or anexpress orimplied wananty ofsecurity, orasaguarantee against crime or injuringourreputationby making bod faidiallegationsagainst ustoothers. ofreduced riskofcrime. Unless otherwise provided bylaw,we'renotliable to you orany guestsoroccupants for injury, damage, orloss topersonorproperb, 21. PARKING. Wem.iyregulatedieniuejTianner,(indpIaceofpai'kiiigaHcai-s, caused bycriminalconduct ofother persons, inclndingmeft,hui-glary,assa\:|t lim'Kmutorwdes,b)cycte,bc^ vandalism, orothercrimes. Even ifpreviously piu\ided, we're notobligated ormotorized bikes may notbeparked inside a dwelling oronsidewalks. tolxiniisiisecurity-perwr,nel/patrols,lighting/gatesorfeiKes,t»i\>thert(>nnsor We may have unauthorized orillegally parked vehicles towed orbooted seciuityiu\iessreqLuredbystaliite,We'rencHit«p<KisibletoiobtainingcrijTiinai according tostate lawattheowner oropera tor's expense atanytime ifit: history checksonaiiya^ideiits,cx;cuparits,gucsts,orcontuKtoi'PLiUx-dweiIinj:. (1) has a flat tire or is otherwise inoperable Lf\ ouoranyoccupanlorguestisaffected byacume,youmustimikea w ilten (2) is on jacks,blocks or has whecl(s) missing iLV<>rtloiuirrepresentati\eaiHllotheapp (3) lakes upmore thanonepnrking space, itthedwelling complex has Youalso must furnish us with the law-enlitrcemenlagency's incident repott more than one living unit number upon request.

(4) belongs toaresident oroccupant whohassurrendered orabandoned CONDITION OFTHEPREMISES AND ALTERATIONS. Yiui accept tly the dwelling dwelling, fixtures, and furniture asis,except for conditions material'", (5) blocks another vehicle from exiting affecting; thehealthorsafety otordinary persons. Wedisclaim <ill implied (6)

is in a fire lane or designated "no parking" area warranties.You'llbegivenan Inventory&Conditionformonor nofor-• (7)

isina spacemarkedforotherresidents) or dwelling(s) move-in. Within 48 hours after move-in, you must sign and note on uV (8)

is in any portion of a yard area rot-mall defectsordamageand return ittous. Otherwise,everythingwill (9)

is on the grass, sidewalk, or patio, or be considered lobe in a clean, sate, and good working condition. (1U)

hasnocurrentlicense, registratk>norinspeclionsticker,andwegive you atleast 10daysnotice thatthevehicle willbetowed ifnotremoved. Youmust usecustomarydiligence- in maintaining thedwellingand not damagingorlittering theoutside areas. Unless authorised bystatulenrbv 22. RELEASCOFRESIDENT. Unlessyou'reentilledtoterminatethisLease us in writing,you must not perform any repairs, painting, wallpapering, Contract under paragraphs10,16,23.3 Uir37,ynuwon tbereleased from carpeting, electrical changes, orotherwise alter ourproperty. Noholcscr thisLease Contract foranyreason—inrludingbutnotlimited lovoluntary stickersarcallowedinsideornutside thodwelling.We'llpennitaieasonable orinvoluntary school withdrawal ortransfer, voluntary orinvoluntary job number of small nail holes for hanging pictures on sheetrock walls and transfer, marriage, separation, divorce, reconciliation, lossofco-residents, grooves ofwood-paneled walls, unlessour rulesstateotherwise.No wattr loss ofemployment, badhealth, death, orproperty purchase. You may also furniture,extraphoneor television outlets, alatmsystems, or lock change -, have the right under Texaslaw to terminatethe LeaseContract in certain additions,or rekeyirg it- permitted unless allowed by statute or we've situations involvingfamily violence orsexualassault. consented inwriting.You mayinstallasatellitedishoi antennaprovided DeathcifSole Resident. Ifyou arethe soleresident and die during ihe vousignoursalellitedishorantenna ieasoaddendum which complies with Lea^CtMitractlenn,the Lea^Conti-actmaybe terniinated without penalty reasonable restrictions allowed by federal law. You agree not to alter, byanaitlhiw-edrepresentative, ofyourestatewithatleast30days written damage, or remove our property, including alaim systems, detection notice. Yourestatewilllieliableforpaymentof rent until the latterof: (1) devices, furniture, telephone and televisionwiring, screens, locks,arid the termination date, or (2) until all possessions in the apartment are securitydevices. Whenvoumovein,we'llsupply lightbulbsforfixtures removed. Your estate willalso be liable for all charges and damages to the wefurnish,includingextenor fixtures operatedfrominsidethedwelling; apartmentuntilit isvacated, and any removal and storagecosls. afterthat, you'll replacethemat yourexpensewithbulbso! thesame type and wattage.Your improvements to the dwelling (whether or not we 23. MILITARY PERSONNEL CLAUSE. You may have the right under consent) become ours unless we agree otherwise in writing.

Texas law to terminate the Lease Contract in certain situations involving militarydeploymentor transfer.YoumayterminatetheLeaseContract We are committed lo the principles of lair housing. In accordance wilh if you enlist or are drafted or commissioned in the U.S. Armed borces. fairhousing laws,wewillmakereasonableaccommodatioi islooui rule>, Youalso may terminate the LeaseContract if: policies, praefcicesor services,and /or willallowreasonable modifica::ons (1) youare(i)amember oftheU.S ArmedForces orreserves onactive under such laws togive persons with disabilitiesaccesstoand useoflb ^ duty or (ii)a memberof the NationalGuard called to activeduty dwelling. We may require you to sign an addendum regarding the formorethan30days in responsetoa nationalemergencydeclared approv.nl and impleir.ent.it ionofsuchaccommodations ormud:heation-;, as well as rest out tion obligations, il any.

by the President; mid

(2) you <i)receiveorders for pei manentchange-of-stat ion, (ii| receive , REQUESTS, REPAIRS, AND MALFUNCTION'S. We'll maintain the orders todeploy with a military unit orasan individual in support dwelling in good order and pay for repair and maintenance, subject to of a military operation for 90 days or more, or (iii) are relieved or therepairproceduressetforthbelow.Youmusticplaceair-conditioning released (torn active duly. filters monthly and keep the yard clean.

Afteryoudelivertous your writtenterminationnotice,theLeaseContract Procedures for Repairs by Us. If y_o.v_iLi" any occupant needs t,o_.s_eiid il will be terminated under this military clause 30 days after the date on notice or request—lor example, for repairs, lnstallAtions, service^ whichyournextrentalpaymentisdue. You mustfurnishus a copyof ownersrupdisclosureorsecunty-ielatedinatters--ITMU5TBESlGNED you[military orders, such as permanent change-of-stationorders, call- AND IN WRITING toour designated te pieseutative (except in case ot up orders,or deploymentordersor letler Militarypermissionforbase fire,siiK)ke,ga^,expk>sioi\(>vernowLiigse\yage,iincontnil'.!bterL:nning\\,aur, housingdoesn't constitutea permanentchange-of-station order. After electrical shorts, cnine in progress, or fair housing accommodatior. or yoLinnoveout. we'llreturnyonrsecutitydeposit,lesslawfuldeductions. modification) Our written notes on vour oral request do not constitute a Forthe purposesofthisLeaseContract,orders describedin (2)abovewill written request from vou. only release the resident who qualifies under (1) and (2) above and receives the orders during the Lease Contract term and such residen t's Our complying with or responding toar.yoial request regarding seci;riiy or non-security matters doesn't waive the strict requirement forwritten spouse or legaldependents living in the resident's household, Aco resident who is not your spouse oi dependent cannot terminate under notices under this Lease Contract. You must promptly not ily us in writing of.water leaks;mold;electricalproblems,maltunctioninglights;broken 11, this military clause. Unless you state otherwise in paragraph 10,you represent whensigning thisLease Contractthat:(1) youdonotalready missingUvrksorlatche.sand otherconditionsthatposea hazard top: opertv, have deployment or change-of-station orders; (2)you will not be retiring health,o; safety. We mavchangeor install utilitvlinesorequipment seiving from the military during the LeaseContract term;and (3)the term ofyour thedw-elliiigifthewoikisdc*nei'eap<)nablvwithoutsubstantial!yLncreasiiig enlistment or obligation will not end before the LeaseContract termends. vour utilitv costs. We m.iv turn off equipment and interrupt utilities ,is Liquidated damages foi making a false iepresenlation of theabove will needed loavoid proport\ damage or lo perform work. Ifutilitiesinalfunc-tio:-, be the amount of unpaid rent for the remainder of the lease term when or are damaged bv fire, water, or similar cause, you must norl.y us immediately. Aircondition ingproblems arenormally notemergencies. It and ifyou moveout, less renls fromothers receivedin mitigation under paragraph 32 Youmust immediately notify us ifyou arecalled to active nirconditioningorotherequipmentmailum. lions,voumustnotifyusassoon duty or receive deployment or permanent change-of-station orders. as possible on a business day We'llact with customary diligence to make repaireandt^econnections,taldjigmtoconsidiM\itio!iwhencasualr\'insur,uiJt'

24. RESIDENTSAFETY AND LOSS. You and aUoccupanlsand guests must proceeds are received. Kentwill not abate m whole or in part exercisedue care for your own and others'safely and security, especially If wo believe that fire or catastrophic damage is substantial, or thai in the use of smoke alannsandotherdetection devices, door and window pertormanceofneededrepairsposesadangertoyon,wemaytermina'.tti is locks,and othersafety orsecurity devices. Youagree to make every effort Lease Contract bv giving you at least? days written notice We may also to follow the Security Guidelines on page?. Window screens are not Jor removepersonal propertv ifilcauses a health or safely hazard. Ifthe Lease security or keeping people from falling out. Con tract isso termina ted, we'll refund prorated rent and all deposits '.ess Alarms and Detection Devices. We'll furnish smoke alarms or other lawful deductions. detection devices required by statute, and we'll test them and provide Repairs and Service Calls. We will pay for lepaiis ot conditions that workingbatteries when vou firsttake possession.Afterthat,you must pay materiallyaffectthe healthor satetyot an oniinarv resident (i.e dangerous forand replacebalteitesas needed, unless the law provides otherwise. We or hazardous conditions). Otherwise, vou'J lx*responsible tor the first may replacedead or missing batteries at your expense, without prior notice 5-— \3 *~ of anv iepa ivo r se ivice call. to you. Youmust immediately report alarm or detector maIfunctions to us. Npithpr ynn nor othprsmny disable alarms or detectors. Ituou danitlpc or Yard Maintenance, Unless weexpi essly assume the responsibility be;oA, disable tilesmoke alarm oi icmoivakitlay without replacing itwith mvoi-kiny you must pav tor yard maintenance and yird po^tcontrol. battery, youmaybeliable tousunder Section 92.2611 oftheProperty Codefor "(l)Whowill keep the lawn mowed .md edged, and maintain all p..inis. $WU plusonemonth's rent, actual dniiuivt'S.aml attorney'sfees.Youaiso will trees, shrubs, etc.7 fponu or O Us , be liable to us and others if you fail to report malfunctions, or any loss, (2)Who will water the lawn and other vegetation.1 WYou oi G Us da mage, or finesresultingfrnm fire,«moke.or water. Upon,request, we will (3)VVliowillkwpfhelavvn,flowenb^ds,sidevvaiks,piirches,anddrivew.n^ [irovide.asr^iiiretibylaw.asmokealamicapabieofalerhngapei^jnwith free of tiash and debris? a You or ~S I's a hearing-impairment disability. (4) Who is obligated to fertilize lawn and plants?

• You D Us or GJ'Neither

Loss. We're not liable loany ivsident.guest.or occupant for personal injury You must promptly report infestations oi living vegetation tons. Yu:

ordamage or lossof personal property or business or personal income from mav not modify the existing landscape, change any plants, oi plant ,i anycauseincludingbutnot limitedto fire,smoke,ram,flood,waterleaks, garden without our prior written approval hail, ice. snow, lightning, wind, explosions, interruption of utilities, pipe leaks, theft,negligent or intentional actsol residents, orcupanls, or guests, Interior Pest Control and Trash Receptacles. Unless paragraph lOs.^ys or vandalism unless otherwise required bv law. We have no duty to otherwise, we'll arrange and pav tor extermination services for uJpeMs remove anv ice,sleet, or snow bul may remove any amount with or without within the dwelling, as needed in our reasonable judgment. not ice.Unless we instruct otherwise, you must—for 24hoursa day during ll)Who will hut iallv pay for outside trasla receptacles for your um"' freezing weather—(1) keep the dwelling heated to at least o0 degrees; OYou DUs D City Utility oi J?K)ther (2) keep cabinet and closet doors open,.mil (3) drip hot and cold water (2)It we pay for trash receptacles initially, who must repair o; replncc faucets You'll be liable for damage toour and others'property if damage them if they're brokenormissing1 *1 You or H Us M/1/^ iscaused by broken water pipes due to your violating these requirements.

Youi Initials: , Initials or Our Rltrescnt avivi Residential Lease Com kali ; Atartment AssnciAiioN, 1m J1

Trash receptacles must he kepi dosed. ,m„ | c-nmph will, loial ordinances regarding trash disposal We may designate which hash lopla. etnent-.i ling lepairuriefurhishingcosts pertornungpesl recepl.u les will he sloied on Ihe premises,111,1 where lliey'l]Iv conlrol; doing preventive maintenance, checking tor water leaks changing filler,, icsiing or replacing .Icicchun or alarm devices 01 ANIMALS. Mouuiniiit-. tin. /ui/eie wmmiiai.. i.yuh*. InJ* ti-h. msIci.'s ,1 to, lipment, or appliances, miiiliilmii\uii.elini.ts. unit i,i>ret.)in, .llloavj, c:v,i tciuyoiiinh'/. .nm.'lriciil lilies, e. ercising our c nntiactual lien; leaving

ik-itm-llm;;, ponl,,* ;»,I/,n. M,™,,-,. ,., „,„,(,• „„',,.„ ,„•',,• ,,, „„//„,„•.,.,, ,„ ik-tKes, deliiene.g, installing, rc-connecting, orreplacing appliance, ii'iilm^. [fweallow ananimal, vi111 mustsignaseparate animal.id.lend i;m luriiiture, equipment, or security devices, removing or rekeying andpayananimal deposit. An animal deposit isconsidered a genera] unaulhnn^ls*airir)cfcvices;annovmgiinauthorizedv™dowcoverings; security deposit. We willnitthori/ea support animal foi adisabled person stopping excessive noise; removing lieallh orsafety hazards (including hut will nntrequire aniinima) deposit. VVomay reijllii cm written statement hazardous materials), oritems prohibiled underourrules; removing Irnni a qualified professional verifying theneed torthesupport animal. peiishable foodstuffs ifyour electricity isdisconnected; removing Yonmust not f.vd stray or wild animals or allow unauthorized animals unauthorized animals; disconnecting utilities involving bona fide tohetied 10 anypinch, tree, orolher object onihe premises atany time. repairs, emergencies or construction; retrieving property owned or Ifyouorany guesloi occupantviolatesanimalrestrictions(withor withoul leased by former residents; inspecting when immediate danger to your knowledge), you'll tie suhje-rt to charges, damages,c\ iction, and personor property isreasonablysuspected;allowing personstoenter other remedies provided in this I.ease Contract. Ifan animal has been in asyouautlrarizedinyourrentalapplicahon(ifyoudie,areincarcerated, thedwelling at anvtimeduringyourterm ofoccupancy iv,ilhor without etc.); allowing entry bya law officer with asearch orarrest warrant! ourconsent), we'll charge youforallcleaning and repair crisis, including or in hotpursuit; showing dwelling toprospective residents (after defleaing, deodorizing, andshampooing. Initial and daily animal violation move-out orvacate notice hasbeen given); orshowing thedwelling charges andanimal-removal charges areliquidated damagesfoiour time, togovernment representatives for thelimitedpurposeofdetermining inconvenience, and overhead (except roi attorney's fees and litigahon housing and fire ordinance compliance, and tolenders, appraisers, costs) in enforcing animal restrictions and rules We may remove an contractors, prospective buyers, or insurance agents. unaiilhori/eclanimal by(I)leaving, inaconspiciiousplace in'lhe dwelling, MULTIPLE RESIDENTSOROCCUPANTS.Eachresidentisjointlyand a 24-hour written notice otintent toremove theanimal, and12} following severally liable for all Lease Contract obligations. Ifyou orany guest or Iheprocednresof paragraph 1H. Wemaykeepor kennel theannual01turn occupantviolatestheLeaseContractormles,allresidemsareconsideredto itoverloa humane society or local authority. When keeping or kenneling have violated Ihe Lease Contract. Our requests and notices (including sale an animal, we ivon'l Iv liablelor loss,harm, sickness. 01death of the animal notices) toany resident constitute notice toall residents and occupants. unless duetoournegligence. We'll return llie animal tovou upon request ilit Notices andrequests fromanyresident oroccupant constitute notice from hasnolalready been luriiedoverloahumane.society orlocalaulhurit\. Vou all residents. Your notice of LeaseContract termination may only be given mustpaytortheanimars reasnnablecareand kenneling charges Weh.nr by residents. Ineviction suits, each resident isconsidered the agent ofall no lien on the animal tor any pinpose other residents in thedwelling for service ofprocess. Any resident who WHEN WE MAY ENTER. Ilvou 01 anvguest ororcupanl isp,™ m,then defaults under this Uase Contract will indemnify the non-defaulting repairers.servicers.contraclor.s oiirrepreseni.itiee^, oroil-eroer^nyli, 1.1 residents and their guarantors l"1"1"1""' I""I rlI'll' eoler Ihe dwoiUnggj reasonable limes l,,r>ll„, Security deposit refund check and anydeduction itemizations will beby: (check purposes listed in12) Ivloiv II nobody isinthcclwclling-,!rvn~s'uc-ri pcr-jms ,'iuI: a one checkjointly payable to all residents and mailed to anv one may enlei peacefullyand at reasonable limes In duplicate or master key resident wechoose, OR . \I j (or by breaking .1w mdoic or ollic-r means when neccs-ai VIit 3one check payable and mailed to l-OO |sgi»J|:Tl-'~i (1) written notireol Ihe entry is jett ill nnspicuous place ir.thedwelling . {specifynameofone resident).

immediately alter the entry; and Ifneither ischecked, then the refund will be made in one check jointly (2) entry is for: responding to your request; making repai payable to nil residents.

Replacements

REPLACEMENTS AND SUBLETTING. Replacing a resident, Procedures forReplacement, lfweapproveareplacementresident, then, subletting, orassignment isallowed 011/1/ when we consent in uniting. If at our option: (l)the replacement resident must sign this Lease departing orremaining residents find a replacement resident acceptable 1iinfract with orwithout anincrease inthetotalsecurity deposit; or(2) the tous before moving out and weexpressly consent to thereplacement, remaining and replacement residents must sign an entirely new Lease subletting, or assignment, then: Contract. Unless we agree otherwise inwriting, your security deposit will (1) a reletting charge 11'/// «iit be due; automatically transfer to the replacement resident as of the date we (2) a reasonable administrative (paperwork)fee mill be due, and a approve. The departing resident will no longer have aright looccupancy rekeying feewill be due if rekeying is requested or required; and or a security-deposit refund, but will remain liable for the remainder of (3) thedepartingandremainingresidentsiiiitfremainiiableforallLease flit- original Lease Contract term unless we agree otherwise in writing-

Contractobligationsforthe restof the originalLeaseContractterm. even if a new Lease Contractis signed.

Responsibilities of Owner and Resident 31. RESPONSIBILITIESOFOWNER. We'llaclwithcustomarydiligenceto: nolice to vacate or filing aneviction suit,wemaystillaccept rentor other (1) maintain fixtures, hot water, heating, and A/C equipment; sums due; the filing oracceptance doesn't waive ordiminish our right of (2) substantially comply with all applicable laws regarding safety, eviition.oranyothercontractualorstatutorv right. Accepting money atany sanitation, and fair housing; and (3) make all reasonable repairs, subject to paragraph 26 and your time doesn'twaive ourrighttodamages; pastorfuture rent.orothersums;

or tocontinuewith evictionproceedings.

obligation to pay fordamagesfor whichyou are liable Acceleration. Allmonthly renl for the rest of the LeaseContractterm or If we violate anv of Iheabove, yon maypossibly terminate this Iwc. Contract andexercise other remedies underTexas Property Code Section lenewal period will beacceleratedautomaticallywilhoutnoticeordemand 92.0.56 bv following this procedure (before orafler acceleration) and willbe immediately due and delinquent it. without ourwritten consent: (1) you move out, remove property in (a) all rentmustbecurrentand you must make awritten request for repair preparingtomoveout.orgiveoralorwrittennodcefbyyouoranyocciipant)

or remedy of Ihe condition—after which we'll havea reasonable time for repair or remedy; ot;ntent tomove outbefore theLeaseContract term orrenewal period ends;

.nut (2) you've notpaidallrentfor theentire Lease Contract term orrenewal (b) ifwefail todoso, you mustmakeasecond written requestfortherepair period. Suchconduct isconsideredadefaultforwhich weneed notgiveyou or remedy (to make sure that there has been no miscommunication notice. Remaining rent also will beaccelerated ifyou're judicially evicted between us)—after which we'll have areasonable time for the repair or moveout whenwedemandbecause you'vedefaulted. Acceleration is or remedy; and subjectto our mitigationobligationsbelow.

(c) if the repair or remedystill hasn't been accomplished within that reasonable timeperiod,youmay immediately terminate this Lease Holdover. You oranyoccupant,invitee,orguestmust not holdoverbeyond Contract bygiving usafinal written notice. You alsnmayexerrispnther thedatecontained inyourmove-outnoticeorournotice tovacateforbeyond statutory remedies, including those under Texas Property Code adifferent move-out date agreed tobytheparties inwriting). Ifaholdover Section 92 llrV.1 occurs, then: (1) holdover rent isdue inadvance onadaily basis and may becomedelinquent without noticeor demand; (2)rent for the holdover Instead ofRiving thetwowritten requests referred toabove, youmay give period will beincreased by25% over thethen-existing rent, without notice; usonerequest bycertified mail, returnreceipt requested, orbyregistered 13) you'llbeliable tous(subject toourmitigation duties) forallrentforthe mail—after which we will havea reasonable limefor repairor remedy. miltermofthepreviously signedLeaseContractof anewresidentwhocan't "Reasonable time" takes into account thenature of theproblem and the .x-ciipy because oftheholdover; and (4) atouroption, wemay extend the reasonable availability of materials, labor, and utilities. Your rent must be I easeContractterm—for up toone monthfromthedate of noticeof Lease current at thetimeofanyrequest. We will refund security deposits and (onlract extension—by delivering written notice toyou oryour dwelling prorated rent as required by law. while you continue to hold over.

32. DEFAULT BYRESIDENT. You'll beindefaultif: (1 jyou don'tpay rent Other Remedies. We may report unpaid amounts tocredit agencies. If orother amounts thatyouoweontime; (2) youoranyguestoroccupant vou default andmove outearly, youwillpayusanyamounts stated tobe violatesthis I-easeContract,our rules, or fire,safety,health, or criminal reolaldiscountsor concessions agreedto in writing,in additiontoother laws, regardless ofwhether orwhere arrest orconviction occurs, (31 you sums due. Upon your default, we haveall other legal remedies, including abandon the dwelling; (4)you give incorrecl or false answers in a rental i-e.tse Contract termination andstatutory lockout underSection 92.0081, application; (5)you or any occupant is arrested, charged, detained, lexas Properly Code, except as lockouts and liens areprnhihil.it hy convicted, or given deferred adjudication or pretrial diversion for (i) a Seel ion 2306,6736. Texas Govemmi-nt Cod, for owners supported hy felony offense involving actual orpotential physical harmtoa person, or hnusingtaxcredilallnraiinns Aprevailing party mayrecover reasonable involving possession, manufacture, or delivery of a controlled substance, attorney'sfeesandallother litigation costs from the non-prevailing parties, marihuana, or drug paraphernalia as defined in ihe Texas Controlled excepta party may not recover attorney's fees and litigahoncosts in Substances Act, or (ii)any sex-related crime,includinga misdemeanor; connection witha party'sclaims seeking personal injury, sentimental, (6) any illegal drugs orparaphernalia arefound inyour dwelling; or(7) exemplary or punitive damages We may recover attorneys' fees in youoranyoccupant, inbadfaith, makesaninvalidhabitability complaint connection with enforcingour rights under this Lease Contract. You agree toan official oremployee ofa utility company or thegovernment. that latechargesare liquidated damagesand a reasonable estimateof Eviction, tfyoudefaidtoi linldnuer.uf mnytnd i/ollr right ofoccupilucyliy$10111$ su, hdamagesforourtime,tnconvenience.andoverheadassociated with you a24-hour written notice lovacate. Notice may beby: (11 regular mail. roNectinglate rent (butare not for attorney's fees and litigationcosts). All (2) certified mail, return receipt requested; (3) personal delivery to anv unpaid amounts you owe, including judgments, hear 18% interest per resident;(4)personaldelivery atthedweiling toanyoccupant over 16years year Irom duedate, compounded annually. You mustpayall collectionold ; or(5) affixing thenotice totheinside ofthedwelling's main entry door. agency fees ifyou fail topay allsums duewithin 10 days after wemail Notice bymailonlywillbeconsidered delivered ontheearlierof:(1)actual you aletter demanding payment and stating that collection agency fees delivery, or(2) three days (nol counting Sundays orfederal holidays) after will beaddedif youdon't pay allsumsby that deadline. the notice isdeposited intheUS Postal Service with postage. Termination Mitigation of Damages, [fyou move out early, you'll be subject to ofyourpossession rights orsubsequent reletting doesn't release youfrom paragraph 11 and all other remedies We'll exercise customary diligence to liability for furure renl orother Lease Contract obligations After giving Kr.sintNTiAL LiAve Conikact © 2011, Texas Ar.inniNT Association, l~c.

relet and minimize damages. We'll credit all subsequent rentthat we .•dually receive from replacement orsubsequent residents against your hah lity forpast-dueand future rentand othersums due Page 4or6 3

Geneia) Clauses

MISCELLANEOUS. Neither ivc nor any ofour representatives have Utilities may beused only for normal household purposes andmust made any oral promises, representations, or agreements. This lease not be wasted. If your electricity is ever interrupted, you must use Contract is the entire agreement between you and us. Our representatives only battery-operated lighting (including management personnel, employees, and agents! have no authority to waive, amend, or terminate this Lease Contract or any part PAYMENTS. Payment of all sums is an independent covenant. ofit.unless in writing, and no authority lomake promises, representations, At our option and without notice, we may apply money received oragreements that impose security duties orother obligations onusorour (other than sale proceeds under paragraph 13 or utility payments representatives unless in writing. No action oromission by uswill be subject to government regulation) first to any of your unpaid considered a waiver of our rights or of any subsequent violation, obligations, then tocurrent rent—regardless ofnolalions onchecks default, or time or place of performance. Our not enforcing or or money orders and regardless ofwhen theobligations arose. All belatedly enforcing written-notice requirements, rental due date1;, sums otlier than rent are due upon our demand. Afterthe due date. acceleration, liens, or other rights isn't a waiver under any we i]o not have to accept the rent or any other payments. circumstances. Except whennotice or demandis- required by statute, you waive any notice and demand for performance from us if you TAA MEMBERSHIP- Werepiesentthat,al the timeofsigningthis default. Written notice to or from our managers constitutes notice to Lease Contract: ("I) we; (2) the management company that or from us. Any person giving a notice under this Lease Contract represents us; or |3)any locator service that procured you is a should retain acopy ofthe memo, letter, orfox that was given, aswell member in goodstanding ofboththeTexas Apartment Association as any fax transmittal verification. Fax or electronic signatures are and the affiliated local apartment association foi the area where binding. All notices must besigned Notices may notbegiven by email thedwelling islocated. Themember iseitheranowner/management or other electronic transmission.

company niembei or an associate member doing business as a locator service {whose name and address must be disclosed on Exercising one remedy won't constitute anelection orwaiver ofother page 6). It not, the following applies ft) this Lease Contract is remedies. Insurance subrogation iswaived byallparties. AI! remedies voidable at your option and is unenforceable by us (except for are cumulative. No employee, agent, or management company is property damages); and(2) wemav notrecover past orfuture rent personally liable for any of our contractual, statutory, or other or other charges. The above remedies also apply if both of the obligations merely by virtue of acting on our behalf. This Lease following occur: (1) the Lease Contract is automatically renewed Contract binds subsequent owners. Neither an invalid clause nor on a rnonth-to-month basis two or more times after membership theomissionof initialson any page invalidatesthis LeaseContract. in TAA and the local association has lapsed; and (2) neither the Allnoticesand documents may be in Englishand, at our option, in ownernor the management companyis a member of TAA and the any language that you read or'speak All provisions regarding our local association at the time of the third automatic renewal. A non-liability and non-duty apply to our employees, agents, and signed affidavit from the local affiliated apartment association management companies. This Lease Contract is subordinate to which attests to non-membership when the Lease Contract or existing and future recorded mortgages, unless theowner's lender renewal wassigned will beconclusive evidenc^f non membership. chooses otherwise. All Lease Contract obligations must be Governmental entities may use T./w\ kmaaoif TAA agrees in performed in the county where the dwelling is located. writing. ,^5 -C" Wp may deactivate or not install keyless boltingdevices on your doors if: (1) youoran.qgupaat inthedwelling isover 55 ordisabled, and (2) the requirements nf Sectiun 92.153(e) ur ff>, TexasProRefly -' O t

Code are satisfied

Security Guidelines for Residents m

SECURITY GUIDELINES. We care about your safety and that • Check the door viewer before a*\f$eiing fig door. Don t open of otheroccupants and guests. Nosecurity system isfailsafe. Even the door if you don't know tftt^erson cfr have any doubts. the best system can't prevent crime. Always act as if security Children who are old enough ft? £jjte airejnf themselves should systems don'texistsince theynre subject to malfunction, tampering;, never let anyone inside when home witiAmr an adult. and human error. We disclaim any express or implied warranties • Regularly checkvour securitydevices, smokealarms and other of security. Tfie best safety measures are the ones you perform as detection devices to make sure they are working proper!v. a matter of common sense and habit. Alarm and detection device batteries should be tested monthly and replaced at least twice a year.

Informall other occupantsin yourdwelling,includingany children • Immediately report in writing (dated and signed) to us any you may have, about these guidelines. We recommend that all needed repairs of security devices, doors, windows., smoke residents and occupants use common sense and follow crime alarms and other detection devices, as well as any other prevention tips, such as those listed below: malfunctioning safety devices on the property, such a> broken • In case of emergency, call 911. Always report emergencies to access gates, burned out exterior lights, etc.

authorities first and then contact the management. • If your doors or windows are not secure due lo a malfunction • Report anysuspicious activity to the police first,and then follow or break-in, stay with a friend or neighbor until the problem is up with a written notice to us. fixed.

• Knowyour neighbors. Watchingout for each other is one of the • When you leave home, makesure someone knows where you're best defenses against crime going and when you plan to be back. • Always be aware of your surroundings and avoid areas that are • Lock your doors and leave a radio or TV playing softly while not well-traveled or well-lit. vou're gone. Closecurtains,blindsand windowshadesat night. • Keepyour keys handy at all times when walking to your car or • While gone tor an extended period, secure your home and use home.

lamp timers. Also stop all deliveries (such as newspaper and mail) or have these items picked up daily by a tnend • Donotgoinsideifyouarrivehomeand findyourdooropen.Call the policefromanother locationand ask them to meet you before • Know at least two exit routes from your home, it possible. entering. • Don't give entry keys, codes or gate access cards to anyone. • Make sure door locks, window latches and sliding glass doors • Always lockthe doorson your cm,even whiledriving, lake the are properly secured at all times. keys and remove or hide any valuables. Park your vehicle in a • Use the keyless deadbolt in your dwelling when you are at home. well-lit area,

• Don't put yournameoraddresson yourkeyringor hideextrakeys • Check the backseat before getting into youi car. Be careful in obvious places, likeundera flower pot.If you losea keyor have shipping at gas stations or automatic-tellermachinesat night concernsabout key safety,we will rekey your locksal your expense, or anytime when you suspect danger. in accordance with paragraph v of the Lease Contract. There are many other crime prevention tips readily available from police departments and others.

When Moving Out I

57. MOVE-OUT NOTICE. Before moving out, vou must give our • Your move-out notice must be in writing. Oral move-out not.ee representative advance written move-out notice as provided below. will not be accepted and will not terminate your LeaseContract. Your move-out notice will not release you from liability for the full • Your move-out notice must not terminate the Lease Contr.ict term of the Lease Contract or renewal term You will still be liable for sooner than t'heend of the LeaseContract termor renewal period. the entire Lease Contract term if you move out early (paragraph 22) except under paragraphs tO, 16, 22, 23 or 31). YOUR MOVE-OUT • if we require you to give us more than 30 days written notice to NOTICE MUST COMPLY WITH EACH OF THE FOLLOWING: move out before the end ot the Lease Contract term, we will give vou a written reminder not less than 5 days nor more than ^0 days • We must receive advance written notice of you].-move-out date. before your deadline for giving us \ our written move-out notice Tiie advance notice must be at least the number of day; of notice If we fail to provide a reminder notke. 3Udays written not.ee to required in paragraph 3 or in special provisions—even if the move-out is required. Lease Contract has become a month-to-month lease. If a move- out notice is received on the first, it will suffice for move-out on YOUR NOTICE IS NOT ACCEPTABLE IV11 DOGS NOT COMPLY the last day of the month of intended move-out, provided that WITH ALL OF THE ABOVE. We recommend vou use our written all other requirements below are met. move-out form to ensure you provide the information needed. >ou must obtain from us written acknowledgment that we received your • The move-out date in your notice {check one}: O must be the last move-out notice. If we terminate the Lease Contract, we must give day of the month;or n may be the exactday designated in your notice. If neither b checked. Ihe second applies.

Rcsideniiai Lf*se Conthact £> 2011, Trx\s Atarimenv AsmjUation, Inc.

vou Ihe same advance noLice--unless you are in default.

J2 P*GE 5 OF 6

3^

38. MOVE-OUT PROCEDURES. The move-oi.l dale can't bechanged government lees oi ,,i es agamsl n- for violation (hy you, your unlessweand you bcilh agreein writing.You won't mrac out hetore nccupanK or guestsl ol local ordinances relating to alarms ami Hie Lease Contractterm or renewal period eods links all rent tor detection deuces, raise alarms, lending, or other matters; latetheentire Lease Contract term orrenewal period ispaidin full Early pavmenIand returncil-check charges; achargemot loexceed J.I(10) for move-out may result in reletting charges and acceleration ot future •mi tune and inconvenience m our lawful removal of an annual or in rent under paragraphs 11 and 12. You're prohibited by law from anv vain! eviction proceeding against yon, plusattorney's tees, court applying any security deposit to rent. You won't stav beyond the costs, and iiling fees aocuailv paid: and tube: sums cine under tln> date you are supposed to move out. All residents, guests, and Lease Contract occupants must surrender or abandon the dwelling before the 30- dayperiod fordepositrefund liegins. You mustgiveus and theLI S. ~i ouTI be liable tous lor: (1, charges tor replacing all keys and Postal Service, in writing, each resident's forwarding address access devices listed in paragraph ri if you fan to return them on or hetore your actual move-out date, |2) accelerated rent ii 39. CLEANING. You must thoroughly clean the dwelling, including you have violated paragraph 32: and (•) a reletting lee it vol, doors, windows, furniture, bathrooms, kitchen appliances, patios. have violated paragraph II. balconies, garages, carports, and storage areas. You must "follow move-out cleaning instructions if they have beenprovided. If you 42. DEPOSIT RETURN, SURRENDER, AND ABANDONMENT. don't clean adequately, you'll be liable for reasonable cleaning Well mail you youi seruiitv deposit refund (less lawlul charges—including charges forcleaning carpers, draperies, furniture, deductions) and an itemized accounting of anv deductions no later walls, etc that aresoiled beyond normal wear(that is,wear orsoiling than 3(1 days after surrender or ab.indomvenl, unless statutes that occurs without negligence, carelessness, accident, or abuse). provide otherwise

40. MOVE-OUT INSPECTION. You should meel with ourrepresentative You have moiciulcrcl the dwelling when: I".: Ihe move-out dale fora move-out inspection. Our representative has no authority to liaspassedand noone is livingin thedwelling inour reasonable bind or limit us regarding deductions for repairs, damages, or judgment; or (2) dwelling keys and ace,.,; devices lis'ed in charges. Any statements or estimates bvusor our representative arc paragraph s have been turned in to us—whichever date occurs subject to our correction, modification, or disapproval hetore final lilst refunding or accounting ion have ntWhloiicd the dwelling when all of the following have 41. SECURITY DEPOSIT DEDUCTIONS AND OTHER CHARGES. occurred (I) everyone appeals lo have moved out in our reasonable You'll be liable for thefollowing charges, ifapplicable: unpaid rent: judgment; (21 clothes, lurniture, and persona] belongings have been unpaid utilities; unreimbursed service charges; repairs or damages substantially removed in our reasonable judgment, (3)'you've been caused by negligence, carelessness, accident, or abuse, including in delault for nonpayment of rent lor 5 consecutive days, or water, stickers, scratches, tears, bums, stains, or unapproved holes; gas,or electricservu e lor the dwelling notconnected:n our name has replacement cost of our property that was in or attached to the been terminated or transferred, and |4| you've not responded tor2 dwellingand is missing; replacingdead or missingalarm or detection days toournotice lelt on the inside ol the main entry door, staling device batteries at any time, utilities tor repairs or cleaning; trips to thai we consider the dwelling abandoned A dwelling is also let in company representatives to remove vour telephone,Internet,or "abandoned" It! days after Ihe death of a sole resident. television services or rental items(if vou so request or have moved out); trips toopen thedwelling when youor anvguest or occupant icier, abandonment, or judicial eviction ends ght of is missinga key;unreturned keys:missingor burned-out lighl bulbs, possession lorallpurposes and gives us theimmediate right to clean removing or rekeying una uthorized security devices oi alarm systems; up. make repairs in. and lelei Ihe dwelling; determine anv security agreed reletting charges; packing, removing, or storing property deposit deductions; and remove property lelt in the dwelling removed or stored under paragraph 13; removing or hootingillegally Surrender, abandonment, and judicial eviction altecl your rights parked vehicles; false security-alarm charges unless due to our to property letl in Ihe dwelling (paiagraph :?i, but do not afted negligence, animal-related charges under paragraphs 6 and 27; our mitigation obligations (paragraph 32).

Signatures, Originals and Attachments ORIGINALS AND ATTACHMENTS. Tins I.easeContracthasbeeii execuledin multipleoriginals,each with originalsignatures—onefor You are legally bound by this document. you and one or more for us. Our rules and policies, if any, will be Please read it carefully. attached to the Lease Contractand givento you at signing. When an Inventoryand Condition formis completed,both you and we should Before submitting a rental application retain a copy. The items checked below are attached to and become or signing a Lease Conlracl, you may take a copy a part of tlu's LeaseContract and are binding even if not initialed or of these documents to review and/nr consult an attorney. signed: Additional provisions or changes may be made O Access Gate Addendum in the lease Contract if agreed lo in writing by all parlies. G Additional Special Provisions You are entitled lo receive an original of this Lease Contract CI Allocation Addendum for: O electricity d water !~l gas after it is Jully signed. Keep it in a safe place.

• central system costs l"l trash/recycling O cable/satellite D storm water /drainage -•ices/government tee fl Animal Addendum G Asbestos Addendum (if asbestos is present) • Bed Hug Addendum * r*V.i„ 'alt* .^t^ned

.,„.-..*

n Early Termination Addendum n Enclosed Garage, Carport or Storage Unit Addendum uVmventnry & Condition norm Df.le signed

H Intrusion Alarm Addendum D Lead Hazard Inhumation and Disclosure Addendum • Lease Contract Guaranty ( guaranties, if more than one)

Date signed

D Legal Description of Dwelling (optional, if rentaltermlongerthan one year) f~l Military SCKA Addendum D Mold Information and Prevention Addendum CI Move-Out Cleaning Instructions Oi^wforOwner's Representative tsjs;iint<* i D Notice of Intent to Move Out Form GTOwner's Rules or Policies • Parking Permit or Sucker (quantity: ) O Rent Concession Addendum Address and phone number of ouwr's reprt^t'ut,ttioe far notice purjroses

O Renter's or Liability Insurance Addendum O Repair or Service Request Form O Satellite Dish or Antenna Addendum .513. =-3-01- !.!H3 . CI TCEQ Tenant Guide to Water Allocation (73 Utility Submetering Addendum for: rt electricity H water i"l gas tTOther ..Vuflfj;?lt^4)Vr01l_S '.^y. ' .«t*T\ a Other i J nliime, address and telephone number of locator service til applicable must be completed In verify TAA membership under paragraph 3J): Afler-liours plione number M/roni/s i-nH 911 for police, fire or medical emergencies.)

Date form is filled out < m lop of pa.ee il

RlSJDHNTIAL LLASrCONn ci IAAOltio.ilSl.itci *IOclolvr.2Ull.t,npvrigli(20ll,T,.v.isAp.irt:v t =J

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