2013 landlord symposium documents

SAHA SAN ANTONIOHOUSING AUTHORITY

O p p o r t u n i t y L i v e s H e r e

Lourdes Castro Ramírez, San Antonio Housing Authority President and CEO

David G. Pohler, Department of Housing and Urban Development Field O�ce Regional VI Director

Ed Hinojosa, San Antonio Housing Authority, CFO

Beth Keel, San Antonio Housing Authority, Sustainability Initiatives

Joel Tabar, San Antonio Housing Authority, Manager of Assisted Housing Programs

Deborah Aleman, San Antonio Husing Authority, Director of Assisted Housing Programs

Abigail Antuna, Attorney at Law, Antuna and Associates

R. David Fritsche, Attorney at Law, Law O�ces of R. David Fritsche

k SAHA's Mission, Vision and Current Operationsk E�ects of Sequestrationk Assisted Housing Program’s Re-engineering Plan Updatek Neighborhood Revitalization Projectsk LEED Opportunities for Landlordsk Sustainability Initiativesk Evictionsk Fair Housing

TOPICS

SPEAKERS

LANDLORD SYMPOSIUM 2013

Wednesday, May 22nd, 2013 | 8:00 a.m. - 12:00 p.m.TriPoint YMCA

3233 North Saint Mary’sSan Antonio, TX 78212

REGISTER BEFORE MAY 15TH, 2013online at www.saha.org

Via e-mail to [email protected] telephone (210) 477-6223

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single month’s rent. We will not impose late charges until at least the thirdday of the month. You’ll also pay a charge of $____________ for eachreturned check or rejected electronic payment, plus initial and daily latecharges until we receive acceptable payment. If you don’t pay rent ontime, you’ll be in default and all remedies under state law and this LeaseContract will be authorized. If you violate the animal restrictions ofparagraph 27 or other animal rules, you’ll pay an initial charge of$____________ per animal (not to exceed $100 per animal) and a dailycharge of $____________ per animal (not to exceed $10 per day per animal)from the date the animal was brought into your apartment until it is finallyremoved. We’ll also have all other remedies for such violation.

7. UTILITIES/SERVICES. We’ll pay for the following items, if checked:❒ gas ❒ water ❒ wastewater ❒ electricity ❒ trash/recycling❒ cable/satellite ❒ master antenna ❒ Internet ❒ stormwater/drainage❒ other _______________________________________________________.You’ll pay for all other utilities and services, related deposits, and anycharges or fees on such utilities and services during your Lease Contractterm. You must not allow any utilities (other than cable or Internet) tobe cut off or switched for any reason—including disconnection for notpaying your bills—until the Lease Contract term or renewal period ends.If a utility is submetered or prorated by an allocation formula, we will attachan addendum to this Lease Contract in compliance with state agency rules.If a utility is individually metered, it must be connected in your name andyou must notify the utility provider of your move-out date so the meter canbe timely read. If you delay getting it turned on in your name by leasecommencement or cause it to be transferred back into our name before yousurrender or abandon the apartment, you’ll be liable for a $___________charge (not to exceed $50 per violation), plus the actual or estimated costof the utilities used while the utility should have been connected in yourname. If you are in an area open to competition and your apartmentis individually metered, you may choose or change your retail electricprovider at any time. If you qualify, your provider will be the sameas ours, unless you choose a different provider. If you choose or changeyour provider, you must give us written notice. You must pay all applicableprovider fees, including any fees to change service back into our name afteryou move out.

8. INSURANCE. Our insurance does not cover the loss of or damage to your personalproperty. You are [check one]:

❒ required to buy and maintain renter’s or liability insurance (seeattached addendum), or

❒ not required to buy renter’s or liability insurance.If neither is checked, insurance is not required but is still strongly recommended.If not required, we urge you to get your own insurance for losses due to theft, fire,water damage, pipe leaks and other similar occurrences. Renter’s insurance doesnot cover losses due to a flood. Information on renter’s insurance is availablefrom the Texas Department of Insurance.

9. SECURITY DEVICES. What We Must Provide. Texas law requires, withsome exceptions, that we must provide at no cost to you when occupancybegins: (1) a window latch on each window; (2) a doorviewer (peephole)on each exterior door; (3) a pin lock on each sliding door; (4) either a doorhandle latch or a security bar on each sliding door; (5) a keyless boltingdevice (deadbolt) on each exterior door; and (6) either a keyed doorknoblock or a keyed deadbolt lock on one entry door. Keyed lock(s) will berekeyed after the prior resident moves out. The rekeying will be done eitherbefore you move in or within 7 days after you move in, as required bystatute. If we fail to install or rekey security devices as required by law,you have the right to do so and deduct the reasonable cost from your nextrent payment under Section 92.165(1), Texas Property Code.

What You Are Now Requesting. Subject to some limitations, under Texaslaw you may at any time ask us to: (1) install one keyed deadbolt lock onan exterior door if it does not have one; (2) install a security bar on a slidingglass door if it does not have one; and (3) change or rekey locks or latches.We must comply with those requests, but you must pay for them. Subject tostatutory restrictions on what security devices you may request, you are nowrequesting us to install or change at your expense: __________________________

________________ If no item is filled in, then you are requesting none at this time.

Payment. We will pay for missing security devices that are requiredby statute. You will pay for: (1) rekeying that you request (exceptwhen we failed to rekey after the previous resident moved out); and(2) repairs or replacements due to misuse or damage by you or yourfamily, occupants, or guests. You must pay immediately after the workis done unless state statute authorizes advance payment. You also mustpay for additional or changed security devices you request, in advanceor afterward, at our option.

1. PARTIES. This Lease Contract is between you, the resident(s) (list all people

signing the Lease Contract): _______________________________________

__________________________________________________________

__________________________________________________________

____________________________________________ and us, the owner:

__________________________________________________________

(name of apartment community or title holder). You’ve agreed to rent

Apartment No. _________, at ___________________________________

______________________________________________ (street address)

in ____________________________________________________(city),

Texas, _______________________ (zip code) for use as a private residenceonly. The terms “you” and “your” refer to all residents listed above, anda person authorized to act in the event of a sole resident’s death. The terms“we,” “us,” and “our” refer to the owner listed above and not to propertymanagers or anyone else. Written notice to or from our managersconstitutes notice to or from us. If anyone else has guaranteed performanceof this Lease Contract, a separate Lease Contract Guaranty for eachguarantor must be executed.

2. OCCUPANTS. The apartment will be occupied only by you and (list allother occupants not signing the Lease Contract):________________________________________________________________

________________________________________________________________

________________________________________________________________

No one else may occupy the apartment. Persons not listed above must notstay in the apartment for more than _____ consecutive days without ourprior written consent, and no more than twice that many days in any onemonth. If the previous space isn’t filled in, two days per month is the limit.

3. LEASE CONTRACT TERM. The initial term of the Lease Contract begins

on the _________ day of ___________________________, _________ (year),

and ends at midnight the __________ day of ________________________,

_________ (year). This Lease Contract will automatically renew month-to-month unless either party gives at least __________ days written notice oftermination or intent to move-out as required by paragraph 37. If thenumber of days isn’t filled in, at least 30 days notice is required.

4. SECURITY DEPOSIT. The total security deposit for all residents is$_________, due on or before the date this Lease Contract is signed. Thisamount [check one]: ❒ does or ❒ does not include an animal deposit. Anyanimal deposit will be stated in an animal addendum. See paragraphs41 and 42 for security deposit return information.

5. KEYS, FURNITURE AND AFFIDAVIT OF MOVE-OUT. You will be

provided ________ apartment key(s), ________ mailbox key(s), and ________

other access devices for ________________________. Any resident, occupant,or spouse who, according to a remaining resident’s affidavit, haspermanently moved out or is under court order to not enter the apartment,is (at our option) no longer entitled to occupancy, keys, or other accessdevices. Your apartment will be [check one]: ❒ furnished or ❒ unfurnished.

6. RENT AND CHARGES. You will pay $____________ per month for rent,

in advance and without demand:

❒ at the onsite manager’s office

❒ through our online payment site

❒ at ____________________________________________________.

Prorated rent of $___________ is due for the remainder of [check one]: ❒ 1stmonth or ❒ 2nd month, on ______________________________, ___________(year). Otherwise, you must pay your rent on or before the 1st day of eachmonth (due date) with no grace period. Cash is unacceptable without our priorwritten permission. You must not withhold or offset rent unless authorized bystatute. We may, at our option, require at any time that you pay all rent andother sums in cash, certified or cashier’s check, money order, or one monthlycheck rather than multiple checks. If you don’t pay all rent on or before the____________ day of the month, you’ll pay an initial late charge of$____________ plus a daily late charge of $____________ per day after thatdate until paid in full. Daily late charges will not exceed 15 days for any

Moving In — General Information

10. SPECIAL PROVISIONS. The following or attached special provisionsand any addenda or written rules furnished to you at or before signingwill become a part of this Lease Contract and will supersede anyconflicting provisions of this printed Lease Contract form.

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

11. UNLAWFUL EARLY MOVE-OUT; RELETTING CHARGE. You’llbe liable for a reletting charge of $____________ (not to exceed 85%of the highest monthly rent during the Lease Contract term) if you:(1) fail to move in, or fail to give written move-out notice as

required in paragraphs 23 or 37; or(2) move out without paying rent in full for the entire Lease

Contract term or renewal period; or(3) move out at our demand because of your default; or(4) are judicially evicted.

The reletting charge is not a cancellation fee and does not release you from yourobligations under this Lease Contract. See the first paragraph of page 2.

Special Provisions and “What If” Clauses

YOUR INITIALS: _________, INITIALS OF OUR REPRESENTATIVE: __________ APARTMENT LEASE CONTRACT © 2011, TEXAS APARTMENT ASSOCIATION, INC. PAGE 1 OF 6

Apartment Lease Contract

Date of Lease Contract:__________________________________ This is a binding contract. Read carefully before signing. (when this Lease Contract is filled out)

This Lease Contract is only valid if filled out before January 1, 2014.

While You’re Living in the Apartment

business conducted “at home” by computer, mail, or telephone ispermissible if customers, clients, patients, or other business associatesdo not come to your apartment for business purposes. We mayregulate: (1) the use of patios, balconies, and porches; (2) theconduct of furniture movers and delivery persons; and (3) activitiesin common areas.

We may exclude from the apartment community guests or otherswho, in our judgment, have been violating the law, violating thisLease Contract or any apartment rules, or disturbing other residents,neighbors, visitors, or owner representatives. We may also excludefrom any outside area or common area a person who refuses to showphoto identification or refuses to identify himself or herself as aresident, occupant, or guest of a specific resident in the community.

You will notify us within 15 days if you or any occupants areconvicted of any felony, or misdemeanor involving a controlledsubstance, violence to another person or destruction of property.You also agree to notify us within 15 days if you or any occupantsregister as a sex offender in any state. Informing us of criminalconvictions or sex offender registry does not waive any rights wehave against you.

20. PROHIBITED CONDUCT. You and your occupants or guests maynot engage in the following activities: criminal conduct; behaving in

18. COMMUNITY POLICIES OR RULES. You and all guests andoccupants must comply with any written apartment rules andcommunity policies, including instructions for care of our property.Our rules are considered part of this Lease Contract. We may makereasonable changes to written rules, effective immediately, if theyare distributed and applicable to all units in the apartmentcommunity and do not change dollar amounts on page 1 of thisLease Contract.

19. LIMITATIONS ON CONDUCT. The apartment and other areasreserved for your private use must be kept clean. Trash must bedisposed of at least weekly in appropriate receptacles in accordancewith local ordinances. Passageways may be used only for entry orexit. Any swimming pools, saunas, spas, tanning beds, exerciserooms, storerooms, laundry rooms, and similar areas must be usedwith care in accordance with apartment rules and posted signs.Glass containers are prohibited in or near pools and all othercommon areas. You, your occupants, or guests may not anywherein the apartment community: use candles or use kerosene lampsor heaters without our prior written approval; cook on balconies oroutside; or solicit business or contributions. Conducting any kindof business (including child care services) in your apartment or inthe apartment community is prohibited—except that any lawful

APARTMENT LEASE CONTRACT © 2011, TEXAS APARTMENT ASSOCIATION, INC. PAGE 2 OF 6

Not a Release. The reletting charge is not a Lease Contractcancellation or buyout fee. It is a liquidated amount covering only partof our damages; that is, our time, effort, and expense in finding andprocessing a replacement. These damages are uncertain and difficultto ascertain—particularly those relating to make ready, inconvenience,paperwork, advertising, showing apartments, utilities for showing,checking prospects, overhead, marketing costs, and locator-servicefees. You agree that the reletting charge is a reasonable estimate ofsuch damages and that the charge is due whether or not our relettingattempts succeed. If no amount is stipulated, you must pay ouractual reletting costs so far as they can be determined. The relettingcharge does not release you from continued liability for: future orpast-due rent; charges for cleaning, repairing, repainting, or unreturnedkeys; or other sums due.

12. DAMAGES AND REIMBURSEMENT. You must promptly payor reimburse us for loss, damage, consequential damages,government fines or charges, or cost of repairs or service in theapartment community due to: a violation of the Lease Contractor rules; improper use; negligence; other conduct by you or yourinvitees, guests or occupants; or any other cause not due to ournegligence or fault. You will indemnify and hold us harmless fromall liability arising from the conduct of you, your invitees, guests,or occupants, or our representatives who perform at your requestservices not contemplated in this Lease Contract. Unless thedamage or wastewater stoppage is due to our negligence, we’renot liable for—and you must pay for—repairs, replacementsand damage to the following if occurring during the LeaseContract term or renewal period: (1) damage to doors, windows,or screens; (2) damage from windows or doors left open; and(3) damage from wastewater stoppages caused by improperobjects in lines exclusively serving your apartment. We mayrequire payment at any time, including advance payment ofrepairs for which you’re liable. Delay in demanding sums you oweis not a waiver.

13. CONTRACTUAL LIEN AND PROPERTY LEFT INAPARTMENT. All property in the apartment is (unless exemptunder Section 54.042, Texas Property Code) subject to acontractual lien to secure payment of delinquent rent (exceptas prohibited by Section 2306.6736, Texas Government Code,for owners supported by housing tax credit allocations). For thispurpose, “apartment” excludes common areas but includes interiorliving areas and exterior patios, balconies, attached garages, andstorerooms for your exclusive use.Removal After We Exercise Lien for Rent. If your rent isdelinquent, our representative may peacefully enter theapartment and remove and/or store all property subject to lien.Written notice of entry must be left afterwards in the apartment ina conspicuous place—plus a list of items removed. The notice muststate the amount of delinquent rent and the name, address, and phonenumber of the person to contact about the amount owed. The noticemust also state that the property will be promptly returned when thedelinquent rent is fully paid. All property in the apartment is presumedto be yours unless proven otherwise.Removal After Surrender, Abandonment, or Eviction. We or lawofficers may remove or store all property remaining in the apartmentor in common areas (including any vehicles you or any occupant orguest owns or uses) if you are judicially evicted or if you surrender orabandon the apartment (see definitions in paragraph 42).Storage. We will store property removed under a contractual lien.We may, but have no duty to, store property removed after judicialeviction, surrender, or abandonment of the apartment. We’re notliable for casualty loss, damage, or theft except for property removedunder a contractual lien. You must pay reasonable charges for ourpacking, removing, storing, and selling any property. We have a lienon all property removed and stored after surrender, abandonment,or judicial eviction for all sums you owe, with one exception: Our lienon property listed under Texas Property Code Section 54.042 islimited to charges for packing, removing, and storing.Redemption. If we’ve seized and stored property under a contractuallien for rent as authorized by law, you may redeem the property bypaying all delinquent rent due at the time of seizure. But if noticeof sale (set forth as follows) is given before you seek redemption, youmay redeem only by paying the delinquent rent and reasonablecharges for packing, removing, and storing. If we’ve removed andstored property after surrender, abandonment, or judicial eviction,you may redeem only by paying all sums you owe, including rent,

late charges, reletting charges, storage, damages, etc. We mayreturn redeemed property at the place of storage, the managementoffice, or the apartment (at our option). We may require paymentby cash, money order, or certified check.

Disposition or Sale. Except for animals and property removedafter the death of a sole resident, we may throw away or give to acharitable organization all items of personal property that are: (1) leftin the apartment after surrender or abandonment; or (2) left outsidemore than 1 hour after writ of possession is executed, followingjudicial eviction. Animals removed after surrender, abandonment, oreviction may be kenneled or turned over to local authorities or humanesocieties. Property not thrown away or given to charity may bedisposed of only by sale, which must be held no sooner than 30 daysafter written notice of date, time, and place of sale is sent by bothregular mail and certified mail (return receipt requested) to your lastknown address. The notice must itemize the amounts you owe andthe name, address, and phone number of the person to contact aboutthe sale, the amount owed, and your right to redeem the property. Salemay be public or private, is subject to any third-party ownership orlien claims, must be to the highest cash bidder, and may be in bulk,in batches, or item-by-item. Proceeds exceeding sums owed must bemailed to you at your last known address within 30 days after sale.

14. FAILING TO PAY FIRST MONTH’S RENT. If you don’t pay thefirst month’s rent when or before the Lease Contract begins, all futurerent will be automatically accelerated without notice and immediatelydue. We also may end your right of occupancy and recoverdamages, future rent, reletting charges, attorney’s fees, court costs,and other lawful charges. Our rights, remedies, and duties underparagraphs 11 and 32 apply to acceleration under this paragraph.

15. RENT INCREASES AND LEASE CONTRACT CHANGES. Norent increases or Lease Contract changes are allowed before the initialLease Contract term ends, except for changes allowed by any specialprovisions in paragraph 10, by a written addendum or amendmentsigned by you and us, or by reasonable changes of apartment rulesallowed under paragraph 18. If, at least 5 days before the advancenotice deadline referred to in paragraph 3, we give you written noticeof rent increases or Lease Contract changes effective when the LeaseContract term or renewal period ends, this Lease Contract willautomatically continue month-to-month with the increased rent orLease Contract changes. The new modified Lease Contract will beginon the date stated in the notice (without necessity of yoursignature) unless you give us written move-out notice under paragraph37. The written move-out notice under paragraph 37 applies only tothe end of the current Lease Contract or renewal period.

16. DELAY OF OCCUPANCY. If occupancy is or will be delayed forconstruction, repairs, cleaning, or a previous resident’s holding over,we’re not responsible for the delay. The Lease Contract will remainin force subject to: (1) abatement of rent on a daily basis duringdelay; and (2) your right to terminate as set forth below. Terminationnotice must be in writing. After termination, you are entitled onlyto refund of deposit(s) and any rent paid. Rent abatement or LeaseContract termination does not apply if delay is for cleaning or repairsthat don’t prevent you from occupying the apartment.If there is a delay and we haven’t given notice of delay as set forthimmediately below, you may terminate up to the date when theapartment is ready for occupancy, but not later.(1) If we give written notice to any of you when or after the Lease

Contract begins—and the notice states that occupancy hasbeen delayed because of construction or a previous resident’sholding over, and that the apartment will be ready on a specificdate— you may terminate the Lease Contract within 3 days ofyour receiving the notice, but not later.

(2) If we give written notice to any of you before the effective LeaseContract date and the notice states that construction delay isexpected and that the apartment will be ready for you tooccupy on a specific date, you may terminate the LeaseContract within 7 days after any of you receives written notice,but not later. The readiness date is considered the new effectiveLease Contract date for all purposes. This new date may notbe moved to an earlier date unless we and you agree.

17. DISCLOSURE RIGHTS. If someone requests information on youor your rental history for law-enforcement, governmental, or businesspurposes, we may provide it. At our request, any utility providermay furnish us information about pending or actual connections ordisconnections of utility service to your apartment.
















leaks, hail, ice, snow, lightning, wind, explosions, interruption ofutilities, pipe leaks, theft, negligent or intentional acts of residents,occupants or guests, or vandalism unless otherwise required by law.We have no duty to remove any ice, sleet, or snow but may remove anyamount with or without notice. Unless we instruct otherwise, you must—for 24 hours a day during freezing weather—(1) keep the apartment heatedto at least 50 degrees; (2) keep cabinet and closet doors open; and (3) driphot and cold water faucets. You’ll be liable for damage to our and others’property if damage is caused by broken water pipes due to your violatingthese requirements.Crime or Emergency. Dial 911 or immediately call local medicalemergency, fire, or police personnel in case of accident, fire, smoke,suspected criminal activity, or other emergency involving imminent harm.You should then contact our representative. You won’t treat any of oursecurity measures as an express or implied warranty of security, or as aguarantee against crime or of reduced risk of crime. Unless otherwiseprovided by law, we’re not liable to you or any guests or occupants for injury,damage, or loss to person or property caused by criminal conduct of otherpersons, including theft, burglary, assault, vandalism, or other crimes. Evenif previously provided, we’re not obligated to furnish security personnel,patrols, lighting, gates or fences, or other forms of security unless requiredby statute. We’re not responsible for obtaining criminal-history checks onany residents, occupants, guests, or contractors in the apartment community.If you or any occupant or guest is affected by a crime, you must make a writtenreport to our representative and to the appropriate local law-enforcementagency. You also must furnish us with the law-enforcement agency’sincident report number upon request.

25. CONDITION OF THE PREMISES AND ALTERATIONS. You acceptthe apartment, fixtures, and furniture as is, except for conditions materiallyaffecting the health or safety of ordinary persons. We disclaim all impliedwarranties. You’ll be given an Inventory & Condition form on or beforemove-in. Within 48 hours after move-in, you must sign and note on theform all defects or damage and return it to us. Otherwise, everything willbe considered to be in a clean, safe, and good working condition.You must use customary diligence in maintaining the apartment and notdamaging or littering the common areas. Unless authorized by statute or by usin writing, you must not do any repairs, painting, wallpapering, carpeting,electrical changes, or otherwise alter our property. No holes or stickers areallowed inside or outside the apartment. We’ll permit a reasonable numberof small nail holes for hanging pictures on sheetrock walls and grooves ofwood-paneled walls, unless our rules state otherwise. No water furniture,washing machines, extra phone or television outlets, alarm systems, or lockchanges, additions, or rekeying is permitted unless allowed by statute orwe’ve consented in writing. You may install a satellite dish or antennaprovided you sign our satellite dish or antenna lease addendum whichcomplies with reasonable restrictions allowed by federal law. You agree notto alter, damage, or remove our property, including alarm systems,detection devices, furniture, telephone and television wiring, screens, locks,and security devices. When you move in, we’ll supply light bulbs for fixtureswe furnish, including exterior fixtures operated from inside the apartment;after that, you’ll replace them at your expense with bulbs of the same typeand wattage. Your improvements to the apartment (whether or not weconsent) become ours unless we agree otherwise in writing.We are committed to the principles of fair housing. In accordance withfair housing laws, we will make reasonable accommodations to our rules,policies, practices or services, and/or will allow reasonable modificationsunder such laws to give persons with disabilities access to and use of thisapartment community. We may require you to sign an addendumregarding the approval and implementation of such accommodations ormodifications, as well as restoration obligations, if any.

26. REQUESTS, REPAIRS, AND MALFUNCTIONS. If you or any occupantneeds to send a notice or request—for example, for repairs, installations,services, ownership disclosure or security-related matters—IT MUST BESIGNED AND IN WRITING to our designated representative (except incase of fire, smoke, gas, explosion, overflowing sewage, uncontrollable runningwater, electrical shorts, crime in progress, or fair housing accommodation ormodification). Our written notes on your oral request do not constitute a writtenrequest from you.Our complying with or responding to any oral request regarding securityor any other matters doesn’t waive the strict requirement for written noticesunder this Lease Contract. You must promptly notify us in writing of: waterleaks; mold; electrical problems; malfunctioning lights; broken or missinglocks or latches; and other conditions that pose a hazard to property, health, orsafety. We may change or install utility lines or equipment serving the apart-ment if the work is done reasonably without substantially increasing yourutility costs. We may turn off equipment and interrupt utilities as neededto avoid property damage or to perform work. If utilities malfunction or aredamaged by fire, water, or similar cause, you must notify our representativeimmediately. Air conditioning problems are normally not emergencies. Ifair conditioning or other equipment malfunctions, you must notify us as soonas possible on a business day. We’ll act with customary diligence to makerepairs and reconnections, taking into consideration when casualty insuranceproceeds are received. Rent will not abate in whole or in part.If we believe that fire or catastrophic damage is substantial, or thatperformance of needed repairs poses a danger to you, we may terminatethis Lease Contract by giving you at least 5 days written notice. We mayalso remove personal property if it causes a health or safety hazard. If theLease Contract is so terminated, we’ll refund prorated rent and all deposits,less lawful deductions.

27. ANIMALS. No animals (including mammals, reptiles, birds, fish, rodents,amphibians, arachnids, and insects) are allowed, even temporarily, anywhere inthe apartment or apartment community unless we’ve so authorized in writing.If we allow an animal, you must sign a separate animal addendum andpay an animal deposit. An animal deposit is considered a general securitydeposit. We will authorize a support animal for a disabled person but willnot require an animal deposit. We may require a written statement froma qualified professional verifying the need for the support animal. Youmust not feed stray or wild animals.If you or any guest or occupant violates animal restrictions (with or withoutyour knowledge), you’ll be subject to charges, damages, eviction, andother remedies provided in this Lease Contract. If an animal has been inthe apartment at any time during your term of occupancy (with or withoutour consent), we’ll charge you for all cleaning and repair costs, includingdefleaing, deodorizing, and shampooing. Initial and daily animal-violationcharges and animal-removal charges are liquidated damages for our time,inconvenience, and overhead (except for attorney’s fees and litigation costs) inenforcing animal restrictions and rules. We may remove an unauthorized

a loud or obnoxious manner; disturbing or threatening the rights, comfort,health, safety, or convenience of others (including our agents and employees)in or near the apartment community; disrupting our business operations;manufacturing, delivering, or possessing a controlled substance or drugparaphernalia; engaging in or threatening violence; possessing a weaponprohibited by state law; discharging a firearm in the apartment community;displaying or possessing a gun, knife, or other weapon in the common area ina way that may alarm others; storing anything in closets having gas appliances;tampering with utilities or telecommunications; bringing hazardous materialsinto the apartment community; using windows for entry or exit; heating theapartment with a gas-operated cooking stove or oven; or injuring our reputationby making bad faith allegations against us to others.

21. PARKING. We may regulate the time, manner, and place of parking allcars, trucks, motorcycles, bicycles, boats, trailers, and recreational vehicles.Motorcycles or motorized bikes may not be parked inside an apartmentor on sidewalks, under stairwells, or in handicapped parking areas. Wemay have unauthorized or illegally parked vehicles towed or bootedaccording to state law at the owner or operator’s expense at any time if it:(1) has a flat tire or is otherwise inoperable(2) is on jacks, blocks or has wheel(s) missing(3) takes up more than one parking space(4) belongs to a resident or occupant who has surrendered or abandoned

the apartment(5) is in a handicap space without the legally required handicap insignia(6) is in a space marked for office visitors, managers, or staff(7) blocks another vehicle from exiting(8) is in a fire lane or designated “no parking” area

(9) is in a space marked for other resident(s) or apartment(s) (10) is on the grass, sidewalk, or patio (11) blocks garbage trucks from access to a dumpster, or (12) has no current license, registration or inspection sticker, and we give

you at least 10 days notice that the vehicle will be towed if not removed.

22. RELEASE OF RESIDENT. Unless you’re entitled to terminate this LeaseContract under paragraphs 10, 16, 23, 31 or 37, you won’t be released fromthis Lease Contract for any reason—including but not limited to voluntaryor involuntary school withdrawal or transfer, voluntary or involuntary jobtransfer, marriage, separation, divorce, reconciliation, loss of co-residents,loss of employment, bad health, death, or property purchase. You may alsohave the right under Texas law to terminate the Lease Contract in certainsituations involving family violence or sexual assault.

Death of Sole Resident. If you are the sole resident and die during theLease Contract term, the Lease Contract may be terminated without penaltyby an authorized representative of your estate with at least 30 days writtennotice. Your estate will be liable for payment of rent until the latter of: (1)the termination date, or (2) until all possessions in the apartment areremoved. Your estate will also be liable for all charges and damages to theapartment until it is vacated, and any removal and storage costs.

23. MILITARY PERSONNEL CLAUSE. You may have the right underTexas law to terminate the Lease Contract in certain situations involvingmilitary deployment or transfer. You may terminate the Lease Contractif you enlist or are drafted or commissioned in the U.S. Armed Forces.You also may terminate the Lease Contract if:

(1) you are (i) a member of the U.S. Armed Forces or reserves on activeduty or (ii) a member of the National Guard called to active dutyfor more than 30 days in response to a national emergency declaredby the President; and

(2) you (i) receive orders for permanent change-of-station, (ii) receiveorders to deploy with a military unit or as an individual in supportof a military operation for 90 days or more, or (iii) are relieved orreleased from active duty.

After you deliver to us your written termination notice, the Lease Contractwill be terminated under this military clause 30 days after the date onwhich your next rental payment is due. You must furnish us a copy ofyour military orders, such as permanent change-of-station orders, call-up orders, or deployment orders or letter. Military permission for basehousing doesn’t constitute a permanent change-of-station order. Afteryour move out, we’ll return your security deposit, less lawful deductions.For the purposes of this Lease Contract, orders described in (2) above willonly release the resident who qualifies under (1) and (2) above andreceives the orders during the Lease Contract term and such resident’sspouse or legal dependents living in the resident’s household. A co-resident who is not your spouse or dependent cannot terminate underthis military clause. Unless you state otherwise in paragraph 10, yourepresent when signing this Lease Contract that: (1) you do not alreadyhave deployment or change-of-station orders; (2) you will not be retiringfrom the military during the Lease Contract term; and (3) the term of yourenlistment or obligation will not end before the Lease Contract term ends.Liquidated damages for making a false representation of the above willbe the amount of unpaid rent for the remainder of the lease term whenand if you move out, less rents from others received in mitigation underparagraph 32. You must immediately notify us if you are called to activeduty or receive deployment or permanent change-of-station orders.

24. RESIDENT SAFETY AND LOSS. You and all occupants and guests mustexercise due care for your own and others’ safety and security, especiallyin the use of smoke alarms and other detection devices, door and windowlocks, and other safety or security devices. You agree to make every effortto follow the Security Guidelines on page 5. Window screens are not forsecurity or keeping people from falling out.

Alarm and Detection Devices. We’ll furnish smoke alarms or otherdetection devices required by statute or city ordinance, and we’ll test themand provide working batteries when you first take possession. After that,you must pay for and replace batteries as needed, unless the law providesotherwise. We may replace dead or missing batteries at your expense,without prior notice to you. You must immediately report alarm or detectormalfunctions to us. Neither you nor others may disable alarms or detectors.If you damage or disable the smoke alarm, or remove a battery without replacing itwith a working battery, you may be liable to us under Section 92.2611, TexasProperty Code for $100 plus one month’s rent, actual damages, and attorney’s fees.You also will be liable to us and others if you fail to report malfunctions, or anyloss, damage, or fines resulting from fire, smoke, or water. Upon request, wewill provide, as required by law, a smoke alarm detector capable of alerting aperson with a hearing-impairment disability.

Loss. We’re not liable to any resident, guest, or occupant for personal injuryor damage, loss of personal property, or business or personal income fromany cause, including, but not limited to, fire, smoke, rain, flood, water

YOUR INITIALS: _________, INITIALS OF OUR REPRESENTATIVE: __________ APARTMENT LEASE CONTRACT © 2011, TEXAS APARTMENT ASSOCIATION, INC. PAGE 3 OF 6

animal by (1) leaving, in a conspicuous place in the apartment, a 24-hour writtennotice of intent to remove the animal, and (2) following the procedures ofparagraph 28. We may keep or kennel the animal or turn it over to a humanesociety or local authority. When keeping or kenneling an animal, we won’tbe liable for loss, harm, sickness, or death of the animal unless dueto our negligence. We’ll return the animal to you upon request if ithas not already been turned over to a humane society or localauthority. You must pay for the animal’s reasonable care andkenneling charges. We have no lien on the animal for any purpose.

28. WHEN WE MAY ENTER. If you or any guest or occupant ispresent, then repairers, servicers, contractors, our representatives,or other persons listed in (2) below may peacefully enter theapartment at reasonable times for the purposes listed in (2) below.If nobody is in the apartment, then such persons may enterpeacefully and at reasonable times by duplicate or master key (orby breaking a window or other means when necessary) if:(1) written notice of the entry is left in a conspicuous place in the

apartment immediately after the entry; and(2) entry is for: responding to your request; making repairs or

replacements; estimating repair or refurbishing costs; performingpest control; doing preventive maintenance; checking for waterleaks; changing filters; testing or replacing detection or alarmdevice(s) or batteries; retrieving unreturned tools, equipment, orappliances; preventing waste of utilities; exercising ourcontractual lien; leaving notices; delivering, installing,reconnecting, or replacing appliances, furniture, equipment, orsecurity devices; removing or rekeying unauthorized securitydevices; removing unauthorized window coverings; stoppingexcessive noise; removing health or safety hazards (includinghazardous materials), or items prohibited under our rules;removing perishable foodstuffs if your electricity is disconnected;

vacate or filing an eviction suit, we may still accept rent or other sumsdue; the filing or acceptance doesn’t waive or diminish our right ofeviction, or any other contractual or statutory right. Accepting moneyat any time doesn’t waive our right to damages; past or future rentor other sums; or to continue with eviction proceedings.Acceleration. All monthly rent for the rest of the Lease Contract termor renewal period will be accelerated automatically without notice ordemand (before or after acceleration) and will be immediately dueand delinquent if, without our written consent: (1) you move out,remove property in preparing to move out, or give oral or writtennotice (by you or any occupant) of intent to move out before the LeaseContract term or renewal period ends; and (2) you’ve not paid all rentfor the entire Lease Contract term or renewal period. Such conductis considered a default for which we need not give you notice.Remaining rent also will be accelerated if you’re judicially evicted ormove out when we demand because you’ve defaulted. Accelerationis subject to our mitigation obligations below.Holdover. You or any occupant, invitee, or guest must not hold overbeyond the date contained in your move-out notice or our notice tovacate (or beyond a different move-out date agreed to by the partiesin writing). If a holdover occurs, then: (1) holdover rent is due inadvance on a daily basis and may become delinquent without noticeor demand; (2) rent for the holdover period will be increased by 25%over the then-existing rent, without notice; (3) you’ll be liable to us(subject to our mitigation duties) for all rent for the full term of thepreviously signed Lease Contract of a new resident who can’t occupybecause of the holdover; and (4) at our option, we may extend theLease Contract term—for up to one month from the date of notice ofLease Contract extension—by delivering written notice to you or yourapartment while you continue to hold over.

Other Remedies. We may report unpaid amounts to credit agencies.If you default and move out early, you will pay us any amounts statedto be rental discounts or concessions agreed to in writing, in addition toother sums due. Upon your default, we have all other legal remedies,including Lease Contract termination and statutory lockout underSection 92.0081, Texas Property Code, except as lockouts and liensare prohibited by Section 2306.6736, Texas Government Code, forowners supported by housing tax credit allocations. A prevailingparty may recover reasonable attorney’s fees and all other litigationcosts from the non-prevailing parties, except a party may not recoverattorney’s fees and litigation costs in connection with a party's claimsseeking personal injury, sentimental, exemplary or punitive damages.We may recover attorneys’ fees in connection with enforcing our rightsunder this Lease Contract. You agree that late charges are liquidateddamages and a reasonable estimate of such damages for our time,inconvenience, and overhead associated with collecting late rent (butare not for attorney’s fees and litigation costs). All unpaid amounts youowe, including judgments, bear 18% interest per year from due date,compounded annually. You must pay all collection-agency fees if youfail to pay all sums due within 10 days after we mail you a letterdemanding payment and stating that collection agency fees will beadded if you don’t pay all sums by that deadline.Mitigation of Damages. If you move out early, you’ll be subject toparagraph 11 and all other remedies. We’ll exercise customarydiligence to relet and minimize damages. We’ll credit all subsequentrent that we actually receive from subsequent residents against yourliability for past-due and future rent and other sums due.

31. RESPONSIBILITIES OF OWNER. We’ll act with customarydiligence to:(1) keep common areas reasonably clean, subject to paragraph 25;(2) maintain fixtures, hot water, heating, and A/C equipment;(3) substantially comply with all applicable laws regarding safety,

sanitation, and fair housing; and(4) make all reasonable repairs, subject to your obligation to pay

for damages for which you are liable.

If we violate any of the above, you may possibly terminate this LeaseContract and exercise other remedies under Texas Property CodeSection 92.056 by following this procedure:(a) all rent must be current and you must make a written request

for repair or remedy of the condition—after which we’ll have areasonable time for repair or remedy;

(b) if we fail to do so, you must make a second written request forthe repair or remedy (to make sure that there has been nomiscommunication between us)—after which we’ll have areasonable time for the repair or remedy; and

(c) if the repair or remedy still hasn’t been accomplished within thatreasonable time period, you may immediately terminate thisLease Contract by giving us a final written notice. You also mayexercise other statutory remedies, including those under TexasProperty Code Section 92.0561.

Instead of giving the two written requests referred to above, you maygive us one request by certified mail, return receipt requested, or byregistered mail—after which we will have a reasonable time for repairor remedy. “Reasonable time” takes into account the nature of theproblem and the reasonable availability of materials, labor, andutilities. Your rent must be current at the time of any request. We willrefund security deposits and prorated rent as required by law.

32. DEFAULT BY RESIDENT. You’ll be in default if: (1) you don’t payrent or other amounts that you owe on time; (2) you or any guest oroccupant violates this Lease Contract, apartment rules, or fire, safety,health, or criminal laws, regardless of whether or where arrest orconviction occurs; (3) you abandon the apartment; (4) you giveincorrect or false answers in a rental application; (5) you or anyoccupant is arrested, charged, detained, convicted, or given deferredadjudication or pretrial diversion for (i) a felony offense involvingactual or potential physical harm to a person, or involving possession,manufacture, or delivery of a controlled substance, marihuana, ordrug paraphernalia as defined in the Texas Controlled SubstancesAct, or (ii) any sex-related crime, including a misdemeanor; (6) anyillegal drugs or paraphernalia are found in your apartment; or (7) youor any occupant, in bad faith, makes an invalid habitability complaintto an official or employee of a utility company or the government.Eviction. If you default or holdover, we may end your right of occupancyby giving you a 24-hour written notice to vacate. Notice may be by:(1) regular mail; (2) certified mail, return receipt requested; (3) personaldelivery to any resident; (4) personal delivery at the apartment to anyoccupant over 16 years old; or (5) affixing the notice to the inside of theapartment’s main entry door. Notice by mail only will be considereddelivered on the earlier of: (1) actual delivery, or (2) three days (notcounting Sundays or federal holidays) after the notice is depositedin the U.S. Postal Service with postage. Termination of your possessionrights or subsequent reletting doesn’t release you from liability forfuture rent or other Lease Contract obligations. After giving notice to

removing unauthorized animals; disconnecting utilities involvingbona fide repairs, emergencies or construction; retrieving propertyowned or leased by former residents; inspecting when immediatedanger to person or property is reasonably suspected; allowingpersons to enter as you authorized in your rental application (ifyou die, are incarcerated, etc.); allowing entry by a law officerwith a search or arrest warrant, or in hot pursuit; showingapartment to prospective residents (after move-out or vacatenotice has been given); or showing apartment to governmentrepresentatives for the limited purpose of determining housingand fire ordinance compliance, and to lenders, appraisers,contractors, prospective buyers, or insurance agents.

29. MULTIPLE RESIDENTS. Each resident is jointly and severally liablefor all Lease Contract obligations. If you or any guest or occupantviolates the Lease Contract or rules, all residents are considered tohave violated the Lease Contract. Our requests and notices (includingsale notices) to any resident constitute notice to all residents andoccupants. Notices and requests from any resident or occupantconstitute notice from all residents. Your notice of Lease Contracttermination may be given only by residents. In eviction suits, each residentis considered the agent of all other residents in the apartment for serviceof process. Any resident who defaults under this Lease Contract willindemnify the non-defaulting residents and their guarantors.

Security deposit refund check and any deduction itemizations willbe by: (check one)

❒ one check jointly payable to all residents and mailed to anyone resident we choose, OR❒ one check payable and mailed to ____________________________________________________________ (specify name of one resident).If neither is checked, then the refund will be made in one check jointlypayable to all residents.

Responsibilities of Owner and Resident

Replacements

30. REPLACEMENTS AND SUBLETTING. Replacing a resident,subletting, or assignment is allowed only when we consent in writing.If departing or remaining residents find a replacement residentacceptable to us before moving out and we expressly consent to thereplacement, subletting, or assignment, then:(1) a reletting charge will not be due;(2) a reasonable administrative (paperwork) fee will be due, and a

rekeying fee will be due if rekeying is requested or required; and(3) the departing and remaining residents will remain liable for all

Lease Contract obligations for the rest of the original LeaseContract term.

Procedures for Replacement. If we approve a replacementresident, then, at our option: (1) the replacement resident must signthis Lease Contract with or without an increase in the total securitydeposit; or (2) the remaining and replacement residents must signan entirely new Lease Contract. Unless we agree otherwise inwriting, your security deposit will automatically transfer to thereplacement resident as of the date we approve. The departingresident will no longer have a right to occupancy or a security depositrefund, but will remain liable for the remainder of the original LeaseContract term unless we agree otherwise in writing–even if a newLease Contract is signed.


• Your move-out notice must be in writing. Oral move-out noticewill not be accepted and will not terminate your Lease Contract.

• Your move-out notice must not terminate the Lease Contractsooner than the end of the Lease Contract term or renewal period.

• If we require you to give us more than 30 days written notice tomove-out before the end of the Lease Contract term, we will giveyou a written reminder not less than 5 days nor more than 90 daysbefore your deadline for giving us your written move-out notice.If we fail to provide a reminder notice, 30 days written notice tomove-out is required.

YOUR NOTICE IS NOT ACCEPTABLE IF IT DOES NOT COMPLYWITH ALL OF THE ABOVE. We recommend you use our writtenmove-out form to ensure you provide the information needed. Youmust obtain from us written acknowledgment that we receivedyour move-out notice. If we terminate the Lease Contract, we mustgive you the same advance notice—unless you are in default.

• Check the door viewer before answering the door. Don’t openthe door if you don’t know the person or have any doubts.Children who are old enough to take care of themselves shouldnever let anyone inside when home without an adult.

• Regularly check your security devices, smoke alarms and otherdetection devices to make sure they are working properly.Alarm and detection device batteries should be tested monthlyand replaced at least twice a year.

• Immediately report in writing (dated and signed) to us anyneeded repairs of security devices, doors, windows, smokealarms and other detection devices, as well as any othermalfunctioning safety devices on the property, such as brokenaccess gates, burned out exterior lights, etc.

• If your doors or windows are not secure due to a malfunctionor break-in, stay with a friend or neighbor until the problem isfixed.

• When you leave home, make sure someone knows where you’regoing and when you plan to be back.

• Lock your doors and leave a radio or TV playing softly whileyou’re gone. Close curtains, blinds and window shades at night.

• While gone for an extended period, secure your home and uselamp timers. Also stop all deliveries (such as newspaper andmail) or have these items picked up daily by a friend.

• Know at least two exit routes from your home, if possible.• Don’t give entry keys, codes or gate access cards to anyone.• Always lock the doors on your car, even while driving. Take the

keys and remove or hide any valuables. Park your vehicle in awell-lit area.

• Check the backseat before getting into your car. Be carefulstopping at gas stations or automatic-teller machines at night—or anytime when you suspect danger.

There are many other crime prevention tips readily available frompolice departments and others.

Television channels that are provided may be changed duringthe Lease Contract term if the change applies to all residents.Utilities may be used only for normal household purposes andmust not be wasted. If your electricity is ever interrupted, youmust use only battery-operated lighting.

34. PAYMENTS. Payment of all sums is an independent covenant.At our option and without notice, we may apply money received(other than sale proceeds under paragraph 13 or utility paymentssubject to government regulation) first to any of your unpaidobligations, then to current rent—regardless of notations on checksor money orders and regardless of when the obligations arose. Allsums other than rent are due upon our demand. After the due date,we do not have to accept the rent or any other payments.

35. TAA MEMBERSHIP. We represent that, at the time of signing thisLease Contract: (1) we; (2) the management company that representsus; or (3) any locator service that procured you is a member in goodstanding of both the Texas Apartment Association and the affiliatedlocal apartment association for the area where the apartment islocated. The member is either an owner/management companymember or an associate member doing business as a locator service(whose name and address must be disclosed on page 6). If not, thefollowing applies: (1) this Lease Contract is voidable at your optionand is unenforceable by us (except for property damages); and (2)we may not recover past or future rent or other charges. The aboveremedies also apply if both of the following occur: (1) the LeaseContract is automatically renewed on a month-to-month basis twoor more times after membership in TAA and the local association haslapsed; and (2) neither the owner nor the management company is amember of TAA and the local association at the time of the thirdautomatic renewal. A signed affidavit from the local affiliatedapartment association which attests to non-membership when theLease Contract or renewal was signed will be conclusive evidenceof non-membership. Governmental entities may use TAA formsif TAA agrees in writing.

33. MISCELLANEOUS. Neither we nor any of our representatives havemade any oral promises, representations, or agreements. This LeaseContract is the entire agreement between you and us. Our representatives(including management personnel, employees, and agents) have noauthority to waive, amend, or terminate this Lease Contract or any partof it, unless in writing, and no authority to make promises, representations,or agreements that impose security duties or other obligations on us or ourrepresentatives unless in writing. No action or omission by us will beconsidered a waiver of our rights or of any subsequent violation,default, or time or place of performance. Our not enforcing orbelatedly enforcing written-notice requirements, rental due dates,acceleration, liens, or other rights isn’t a waiver under anycircumstances. Except when notice or demand is required by statute,you waive any notice and demand for performance from us if youdefault. Written notice to or from our managers constitutes notice toor from us. Any person giving a notice under this Lease Contractshould retain a copy of the memo, letter, or fax that was given, as wellas any fax transmittal verification. Fax or electronic signatures arebinding. All notices must be signed. Notices may not be given by emailor other electronic transmission.

Exercising one remedy won’t constitute an election or waiver of otherremedies. Insurance subrogation is waived by all parties. Allremedies are cumulative. No employee, agent, or managementcompany is personally liable for any of our contractual, statutory,or other obligations merely by virtue of acting on our behalf. ThisLease Contract binds subsequent owners. Neither an invalid clausenor the omission of initials on any page invalidates this LeaseContract. All notices and documents may be in English and, at ouroption, in any language that you read or speak. All provisionsregarding our non-liability and non-duty apply to our employees,agents, and management companies. This Lease Contract issubordinate to existing and future recorded mortgages, unless theowner’s lender chooses otherwise. All Lease Contract obligationsmust be performed in the county where the apartment is located.

We may deactivate or not install keyless bolting devices on yourdoors if: (1) you or an occupant in the dwelling is over 55 ordisabled, and (2) the requirements of Section 92.153(e) or (f), TexasProperty Code are satisfied.

37. MOVE-OUT NOTICE. Before moving out, you must give ourrepresentative advance written move-out notice as provided below.Your move-out notice will not release you from liability for the fullterm of the Lease Contract or renewal term. You will still be liablefor the entire Lease Contract term if you move out early (paragraph22) except under paragraphs 10, 16, 22, 23 or 31. YOUR MOVE-OUT NOTICE MUST COMPLY WITH EACH OF THEFOLLOWING:

• We must receive advance written notice of your move-out date.The advance notice must be at least the number of days of noticerequired in paragraph 3 or in special provisions—even if theLease Contract has become a month-to-month lease. If a move-out notice is received on the first, it will suffice for move-out onthe last day of the month of intended move-out, provided thatall other requirements below are met.

• The move-out date in your notice [check one]: ❒ must be the lastday of the month; or ❒ may be the exact day designated in yournotice. If neither is checked, the second applies.

Security Guidelines for Residents

General Clauses


When Moving Out

36. SECURITY GUIDELINES. We care about your safety and thatof other occupants and guests. No security system is failsafe. Eventhe best system can’t prevent crime. Always act as if securitysystems don’t exist since they are subject to malfunction, tampering,and human error. We disclaim any express or implied warrantiesof security. The best safety measures are the ones you perform asa matter of common sense and habit.

Inform all other occupants in your apartment, including anychildren you may have, about these guidelines. We recommendthat all residents and occupants use common sense and followcrime prevention tips, such as those listed below:

• In case of emergency, call 911. Always report emergencies toauthorities first and then contact the management.

• Report any suspicious activity to the police first, and then followup with a written notice to us.

• Know your neighbors. Watching out for each other is one of thebest defenses against crime.

• Always be aware of your surroundings and avoid areas that arenot well-traveled or well-lit.

• Keep your keys handy at all times when walking to your car orhome.

• Do not go inside if you arrive home and find your door open. Callthe police from another location and ask them to meet you beforeentering.

• Make sure door locks, window latches and sliding glass doorsare properly secured at all times.

• Use the keyless deadbolt in your apartment when you are athome.

• Don’t put your name or address on your key ring or hide extra keysin obvious places, like under a flower pot. If you lose a key or haveconcerns about key safety, we will rekey your locks at your expense,in accordance with paragraph 9 of the Lease Contract.
















43. ORIGINALS AND ATTACHMENTS. This Lease Contract hasbeen executed in multiple originals, each with original signatures—one for you and one or more for us. Our rules and communitypolicies, if any, will be attached to the Lease Contract and given toyou at signing. When an Inventory and Condition form is completed,both you and we should retain a copy. The items checked below areattached to and become a part of this Lease Contract and are bindingeven if not initialed or signed.

❒ Access Gate Addendum❒ Additional Special Provisions❒ Allocation Addendum for: ❒ electricity ❒ water ❒ gas

❒ central system costs ❒ trash/recycling ❒ cable/satellite❒ stormwater/drainage ❒ services/government fees

❒ Animal Addendum❒ Apartment Rules or Community Policies❒ Asbestos Addendum (if asbestos is present)❒ Bed Bug Addendum❒ Early Termination Addendum❒ Enclosed Garage, Carport or Storage Unit Addendum❒ Inventory & Condition Form❒ Intrusion Alarm Addendum❒ Lead Hazard Information and Disclosure Addendum❒ Lease Contract Guaranty (______ guaranties, if more than one)❒ Legal Description of Apartment (optional, if rental term longer than one year)❒ Military SCRA Addendum❒ Mold Information and Prevention Addendum❒ Move-Out Cleaning Instructions❒ Notice of Intent to Move Out Form❒ Parking Permit or Sticker (quantity:______)❒ Rent Concession Addendum❒ Renter’s or Liability Insurance Addendum❒ Repair or Service Request Form❒ Satellite Dish or Antenna Addendum❒ TCEQ Tenant Guide to Water Allocation❒ Utility Submetering Addendum for: ❒ electricity ❒ water ❒ gas❒ Other _________________________________________________________❒ Other _________________________________________________________

38. MOVE-OUT PROCEDURES. The move-out date can’t be changedunless we and you both agree in writing. You won’t move out beforethe Lease Contract term or renewal period ends unless all rent for theentire Lease Contract term or renewal period is paid in full. Earlymove-out may result in reletting charges and acceleration of futurerent under paragraphs 11 and 32. You’re prohibited by law fromapplying any security deposit to rent. You won’t stay beyond thedate you are supposed to move out. All residents, guests, andoccupants must surrender or abandon the apartment before the 30-day period for deposit refund begins. You must give us and the U.S.Postal Service, in writing, each resident’s forwarding address.

39 . CLEANING. You must thoroughly clean the apartment, includingdoors, windows, furniture, bathrooms, kitchen appliances, patios,balconies, garages, carports, and storage rooms. You must followmove-out cleaning instructions if they have been provided. If youdon’t clean adequately, you’ll be liable for reasonable cleaningcharges—including charges for cleaning carpets, draperies, furniture,walls, etc. that are soiled beyond normal wear (that is, wear or soilingthat occurs without negligence, carelessness, accident, or abuse).

40 . MOVE-OUT INSPECTION. You should meet with ourrepresentative for a move-out inspection. Our representative has noauthority to bind or limit us regarding deductions for repairs, damages,or charges. Any statements or estimates by us or our representativeare subject to our correction, modification, or disapproval before finalrefunding or accounting.

41. SECURITY DEPOSIT DEDUCTIONS AND OTHER CHARGES.You’ll be liable for the following charges, if applicable: unpaid rent;unpaid utilities; unreimbursed service charges; repairs or damagescaused by negligence, carelessness, accident, or abuse, includingstickers, scratches, tears, burns, stains, or unapproved holes;replacement cost of our property that was in or attached to theapartment and is missing; replacing dead or missing alarm ordetection device batteries at any time; utilities for repairs or cleaning;trips to let in company representatives to remove your telephone,Internet, or television services or rental items (if you so request or havemoved out); trips to open the apartment when you or any guest oroccupant is missing a key; unreturned keys; missing or burned-outlight bulbs; removing or rekeying unauthorized security devices oralarm systems; agreed reletting charges; packing, removing, orstoring property removed or stored under paragraph 13; removingor booting illegally parked vehicles; special trips for trash removalcaused by parked vehicles blocking dumpsters; false security-alarm

charges unless due to our negligence; animal-related charges underparagraphs 6 and 27; government fees or fines against us forviolation (by you, your occupants, or guests) of local ordinancesrelating to alarms and detection devices, false alarms, recycling, orother matters; late-payment and returned-check charges; a charge(not to exceed $100) for our time and inconvenience in our lawfulremoval of an animal or in any valid eviction proceeding against you,plus attorney’s fees, court costs, and filing fees actually paid; andother sums due under this Lease Contract.

You’ll be liable to us for: (1) charges for replacing all keys and accessdevices referenced in paragraph 5 if you fail to return them on or beforeyour actual move-out date; (2) accelerated rent if you have violatedparagraph 32; and (3) a reletting fee if you have violated paragraph 11.

42. DEPOSIT RETURN, SURRENDER, AND ABANDONMENT.We’ll mail you your security deposit refund (less lawfuldeductions) and an itemized accounting of any deductions no laterthan 30 days after surrender or abandonment, unless statutesprovide otherwise.

You have surrendered the apartment when: (1) the move-out date haspassed and no one is living in the apartment in our reasonablejudgment; or (2) apartment keys and access devices listed in paragraph5 have been turned in to us—whichever date occurs first.

You have abandoned the apartment when all of the following haveoccurred: (1) everyone appears to have moved out in our reasonablejudgment; (2) clothes, furniture, and personal belongings have beensubstantially removed in our reasonable judgment; (3) you’ve beenin default for non-payment of rent for 5 consecutive days, or water,gas, or electric service for the apartment not connected in our namehas been terminated or transferred; and (4) you’ve not responded for2 days to our notice left on the inside of the main entry door, statingthat we consider the apartment abandoned. An apartment is also“abandoned” 10 days after the death of a sole resident.

Surrender, abandonment, or judicial eviction ends your right ofpossession for all purposes and gives us the immediate right to: cleanup, make repairs in, and relet the apartment; determine any securitydeposit deductions; and remove property left in the apartment.Surrender, abandonment, and judicial eviction affect your rights toproperty left in the apartment (paragraph 13), but do not affect ourmitigation obligations (paragraph 32).

Name, address and telephone number of locator service (if applicable—must be completed to verify TAA membership under paragraph 35):

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

APARTMENT LEASE CONTRACT TAA Official Statewide Form 11-A/B-1/B-2; Revised October, 2011; Copyright 2011, Texas Apartment Association, Inc. PAGE 6 OF 6

Signatures, Originals and Attachments

You are legally bound by this document.Please read it carefully.

Before submitting a rental applicationor signing a Lease Contract, you may take a copy

of these documents to review and/or consult an attorney.

Additional provisions or changes may be madein the Lease Contract if agreed to in writing by all parties.

You are entitled to receive an original of this Lease Contractafter it is fully signed. Keep it in a safe place.

Resident or Residents (all sign below)

_________________________________________________________________ Date signed

_________________________________________________________________ Date signed

_________________________________________________________________ Date signed

_________________________________________________________________ Date signed

Owner or Owner’s Representative (signing on behalf of owner)

_________________________________________________________________________________________________________________

Address and phone number of owner’s representative for notice purposes

_________________________________________________________________

______________________________________________________________

______________________________________________________________________________

After-hours phone number____________________________________________

(Always call 911 for police, fire or medical emergencies.)

Date form is filled out (same as on top of page 1) ___________________

Leasing (Do’s and Don’ts) ABIGAIL ANTUNA, ATTORNEY AT LAW

ANTUNA AND ASSOCIATES

P. O. BOX 460483

SAN ANTONIO, TX 78246

TELEPHONE: (210) 287-2307; FACSIMILE: (866) 498-6528

E-MAIL: [email protected]

I. Disclaimer: This is educational information, not specific legal advice for you for a

particular situation. You should consult an attorney if you have a specific legal

situation that requires attention. I am not Board Certified as a Real Estate Law

specialist, but I am a Licensed Attorney in the State of Texas and my practice

concentrates primarily in the areas of Real Estate Law, Business Law, Non-Profits

and Intellectual Property. When should you consult an attorney? As a general rule,

you should consult an attorney when you are entering into a contract for an amount of

money you know you can’t afford to lose.

II. Introduction. The Section 8 program does not require a specific form of lease; nor

does it dictate the language. The San Antonio Housing Authority (SAHA) does insist

on a written lease between the property owner (Landlord) and Tenant/Resident. The

Section 8 program does set limits of what they will pay in rent for a residential

property on behalf of a Resident in the program.

III. General Principals of Contract Validity. You can agree to anything in a contract

that is lawful and enforceable, unless prohibited by:

a. City ordinance

i. San Antonio Municipal Code, Article III, Discriminatory Housing

Practices, Sec. 9-40. - Discriminating against persons.

It shall be unlawful for any person to discriminate against any person in

the terms, conditions or privileges of sale or rental of a dwelling, or in

the provision of services or facilities in connection therewith, because of

race, color, religion, national origin, sex, age or handicap.

(Code 1959, § 10B-26; Ord. No. 36650, § 3, 7-11-68; Ord. No. 43913,

6-13-74; Ord. No. 49162, § 4, 3-23-78)

a. Governmental Regulation – HUD programs prohibit discrimination.

b. State or Federal law

i. Texas Property Code, Fair Housing Act, §301.021. SALE OR

RENTAL. (a) A person may not refuse to sell or rent, after the making of

a bona fide offer, refuse to negotiate for the sale or rental of, or in any

other manner make unavailable or deny a dwelling to another because of

race, color, religion, sex, familial status, or national origin.

(b) A person may not discriminate against another in the terms, conditions,

or privileges of sale or rental of a dwelling or in providing services or

Abigail Antuna, Attorney at Law

―Leasing Do’s and Don’ts‖ 2013 SAHA - San Antonio Landlord Symposium

Page 2 of 18

facilities in connection with a sale or rental of a dwelling because of race,

color, religion, sex, familial status, or national origin.

(c) This section does not prohibit discrimination against a person because

the person has been convicted under federal law or the law of any state for

the illegal manufacture or distribution of a controlled substance.

ii. The Texas Property Code prohibits waiving some tenant’s rights in a lease

agreement;

Sec. 92.006. WAIVER OR EXPANSION OF DUTIES AND REMEDIES.

(a) A landlord's duty or a tenant's remedy concerning security deposits,

security devices, the landlord's disclosure of ownership and management, or

utility cutoffs, as provided by Subchapter C, D, E, or G, respectively, may

not be waived. A landlord's duty to install a smoke alarm under Subchapter

F may not be waived, nor may a tenant waive a remedy for the landlord's

noninstallation or waive the tenant's limited right of installation and

removal. The landlord's duty of inspection and repair of smoke alarms

under Subchapter F may be waived only by written agreement.

(b) A landlord's duties and the tenant's remedies concerning security

devices, the landlord's disclosure of ownership and management, or smoke

alarms, as provided by Subchapter D, E, or F, respectively, may be enlarged

only by specific written agreement.

(c) A landlord's duties and the tenant's remedies under Subchapter B, which

covers conditions materially affecting the physical health or safety of the

ordinary tenant, may not be waived except as provided in Subsections (d),

(e), and (f) of this section.

iii. Federal and the Section 8 program prohibit discrimination on the basis of

race, color, religion, sex, national origin, age, familial status or disability.

(HUD form 52641)

c. Case law (court rulings)—the Common Law.

i. You never know what Texas courts may rule in a particular situation.

ii. If you’re going to become a landlord it behooves you to become familiar

with cases in the landlord/tenant area—or have counsel who knows.

d. The Constitution. All local, state and federal non-discrimination laws are based

on the Equal Protection clause of the Fourteenth Amendment of the U.S.

Constitution.

IV. Key contract terms:

a. Effective date of the lease. You must leave the effective date and the amount of

rent blank on the lease agreement until SAHA approves. It should be clear in the

lease what happens if Tenant signs the lease, but doesn’t pay the 1st month’s rent

when due and fails to move in? It ties up the property; Landlord should be able to

re-lease the unit.

b. The correct legal name of the parties –



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i. Get the correct legal name of the entity that is leasing the property. If you

don’t have the correct legal name you may be unable to file suit to evict or

recover damages.

ii. Ask for and photocopy Texas driver’s license or Texas ID as a basis for

getting the correct, legal name of all the adult Residents;

iii. Ask them if the name on their ID is correct. Put a/k/a if the name on

their ID is not correct. (Marriage, divorce, gender change, etc.)

iv. You need to get a social security number, TDL or Texas ID, in the event

you ever have to evict or sue the tenant.

c. Property: The correct address of the residence being leased. Leases in excess of

1 year under Texas law require a legal description of the property. If you fail to

accurately identify the property you still have a valid lease if the tenant moves in

and pays rent.

d. Lease Term. When are the leased premises to be ready for move in? When is

rent due? When does the lease expire? You have to leave this blank for prior

approval by SAHA.

e. Rent and Lease charges.

i. When is the 1st month’s rent due?

ii. Lease generally lock in the rental amount for the term of the lease.

Section 8 prohibits rent increases during the term of the lease.

1. You should specify that Landlord has the right to increase rent at

the end of the lease term with advance notice prior to the deadline

for Tenant to notify whether they will continue.

2. If you increase rent they should have time to find another

residence.

3. You should provide time to market the property if they indicate

they are not renewing because of rent increase.

4. If Tenant fails to give timely notice of renewal, you can provide

either automatic renewal for the same term; or you can provide the

tenancy goes month-to-month and would be justified to charge

higher rent on a month-to-month basis. Specify what will happen

at the end of the lease term.

5. Give yourself the option to terminate the lease, if Resident doesn’t

renew if you want to market the property for increased rent.

iii. Option of pro-rated rent? Full month’s rent for 1st month; then prorate

second month.

1. Better practice – start on the 1st and keep it there.

iv. Rent concessions – Many property owners offer free rent for a month or

two as an inducement to rent the property. If you do this, you should

specify that free rent is only if there are no defaults and the Resident stays

for the full term of the lease agreement.

v. You may require payment by one check or money order. Judges do look

for fairness—so if you allow some payments in multiple checks and not



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others, you create waiver/fairness issues. If you accept two checks from

different Tenants at same address and one check bounces it creates

problems. You may specify that after a personal check bounces, future

payments will be by money order or cashier’s check.

vi. Payments. Specify that you’re not obligated to accept late rent or any

other payment.

1. Preserves Landlord’s right to evict for failure to pay rent on time.

2. If you accept late payment, many JP’s will say you waived your

right to evict.

vii. Cash Payments—bad idea, even with receipts.

1. Tenant’s will say they paid in cash and you didn’t give them a

receipt in eviction. If you have a practice of accepting cash

payments, you give Tenant credibility;

2. Employees/property managers may accept cash give a receipt and

steal/embezzle the cash;

3. If it becomes generally known you accept cash payments you are

creating potential for daylight robbery on the first of the month,

putting your employees/property managers at risk; or

4. burglary/break-ins to your residence or leasing office on the first of

the month.

viii. Late charges. Are administrative fees for hassle of not having rent paid on

time. Late fees cannot accrue until at least the 3rd

day of the month by

law, but you are not obligated to accept late rent; they are in default.

1. Late charges for more than 15 days are sketchy. The late charges

will exceed a month’s rent.

2. Better off giving notice to vacate.

ix. NSF charges cannot be unconscionable, cannot be punitive. Whatever

banks are charging in your market is a good cue.

x. Lockouts – Lockouts and Landlord liens are prohibited for Section 8

residents and tax credit properties. They are only for getting tenant’s

attention. This is a bad idea. It’s a trap. You must provide the right kind

of notice; they are tricky to execute. You must be available to allow the

Resident to re-enter.

Sec. 92.0081. REMOVAL OF PROPERTY AND EXCLUSION OF

RESIDENTIAL TENANT. (a) A landlord may not remove a door,

window, or attic hatchway cover or a lock, latch, hinge, hinge pin,

doorknob, or other mechanism connected to a door, window, or attic

hatchway cover from premises leased to a tenant or remove furniture,

fixtures, or appliances furnished by the landlord from premises leased to a

tenant unless the landlord removes the item for a bona fide repair or

replacement. If a landlord removes any of the items listed in this subsection

for a bona fide repair or replacement, the repair or replacement must be

promptly performed.



Page 5 of 18

(b) A landlord may not intentionally prevent a tenant from entering the

leased premises except by judicial process unless the exclusion results from:

(1) bona fide repairs, construction, or an emergency;

(2) removing the contents of premises abandoned by a tenant; or

(3) changing the door locks on the door to the tenant's individual unit of a

tenant who is delinquent in paying at least part of the rent.

(c) If a landlord or a landlord's agent changes the door lock of a tenant who

is delinquent in paying rent, the landlord or the landlord's agent must place a

written notice on the tenant's front door stating:

(1) an on-site location where the tenant may go 24 hours a day to obtain the

new key or a telephone number that is answered 24 hours a day that the

tenant may call to have a key delivered within two hours after calling the

number;

(2) the fact that the landlord must provide the new key to the tenant at any

hour, regardless of whether or not the tenant pays any of the delinquent rent;

and

(3) the amount of rent and other charges for which the tenant is delinquent.

(d) A landlord may not intentionally prevent a tenant from entering the

leased premises under Subsection (b)(3) unless:

(1) the landlord's right to change the locks because of a tenant's failure to

timely pay rent is placed in the lease;

(2) the tenant is delinquent in paying all or part of the rent; and

(3) the landlord has locally mailed not later than the fifth calendar day

before the date on which the door locks are changed or hand-delivered to the

tenant or posted on the inside of the main entry door of the tenant's dwelling

not later than the third calendar day before the date on which the door locks

are changed a written notice stating:

(A) the earliest date that the landlord proposes to change the door locks;

(B) the amount of rent the tenant must pay to prevent changing of the door

locks;

(C) the name and street address of the individual to whom, or the location

of the on-site management office at which, the delinquent rent may be

discussed or paid during the landlord's normal business hours; and

(D) in underlined or bold print, the tenant's right to receive a key to the new

lock at any hour, regardless of whether the tenant pays the delinquent rent.

(e) A landlord may not change the locks on the door of a tenant's dwelling

under Subsection (b)(3) on a day, or on a day immediately before a day, on

which the landlord or other designated individual is not available, or on



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which any on-site management office is not open, for the tenant to tender

the delinquent rent.

(e-1) A landlord who changes the locks or otherwise prevents a tenant from

entering the tenant's individual rental unit may not change the locks or

otherwise prevent a tenant from entering a common area of residential rental

property.

(f) A landlord who intentionally prevents a tenant from entering the tenant's

dwelling under Subsection (b)(3) must provide the tenant with a key to the

changed lock on the dwelling without regard to whether the tenant pays the

delinquent rent.

(g) If a landlord arrives at the dwelling in a timely manner in response to a

tenant's telephone call to the number contained in the notice as described by

Subsection (c)(1) and the tenant is not present to receive the key to the

changed lock, the landlord shall leave a notice on the front door of the

dwelling stating the time the landlord arrived with the key and the street

address to which the tenant may go to obtain the key during the landlord's

normal office hours.

(h) If a landlord violates this section, the tenant may:

(1) either recover possession of the premises or terminate the lease; and

(2) recover from the landlord a civil penalty of one month's rent plus

$1,000, actual damages, court costs, and reasonable attorney's fees in an

action to recover property damages, actual expenses, or civil penalties, less

any delinquent rent or other sums for which the tenant is liable to the

landlord.

(i) If a landlord violates Subsection (f), the tenant may recover, in addition

to the remedies provided by Subsection (h), an additional civil penalty of

one month's rent.

(j) A provision of a lease that purports to waive a right or to exempt a party

from a liability or duty under this section is void.

(k) A landlord may not change the locks on the door of a tenant's dwelling

under Subsection (b)(3):

(1) when the tenant or any other legal occupant is in the dwelling; or

(2) more than once during a rental payment period.

(l) This section does not affect the ability of a landlord to pursue other

available remedies, including the remedies provided by Chapter 24.

xi. Exercising Landlord liens are prohibited in Section 8 contracts. Landlord

liens are a trap. Disposal of tenant’s property is risky and the laws are

complex.

xii. Utility Cutoff. You are not allowed to cut off utilities for late payment of

rent. You are better off requiring tenant to set up and pay their own



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utilities. You can charge a penalty if tenant is responsible for utilities if

Landlord becomes liable for utilities because Tenant fails to pay. You are

risking

1. Damages for food spoilage;

2. Spoiled medical supplies that require refrigeration;

3. Wrongful death—say a diabetic loses a month’s supply of insulin

as a result of loss of refrigeration.

Sec. 92.008. INTERRUPTION OF UTILITIES. (a) A landlord or a

landlord's agent may not interrupt or cause the interruption of utility

service paid for directly to the utility company by a tenant unless the

interruption results from bona fide repairs, construction, or an

emergency.

(b) A landlord may not interrupt or cause the interruption of water,

wastewater, gas, or electric service furnished to a tenant by the

landlord as an incident of the tenancy or by other agreement unless the

interruption results from bona fide repairs, construction, or an

emergency.

…

(f) If a landlord or a landlord's agent violates this section, the tenant

may:

(1) either recover possession of the premises or terminate the

lease; and

(2) recover from the landlord an amount equal to the sum of the

tenant's actual damages, one month's rent or $500, whichever is

greater, reasonable attorney's fees, and court costs, less any

delinquent rents or other sums for which the tenant is liable to the

landlord.

(g) A provision of a lease that purports to waive a right or to exempt a

party from a liability or duty under this section is void.

xiii. Specify all payments other than rent are due immediately after the owner

makes request for payment.

1. Due on demand.

2. State utility rules require time periods to allow payment of

allocated and sub-metered water and electricity bills.

f. Security Deposit. When are security deposits due, if any? Market sets the rate.

Surplus housing means low to no security deposit. Low housing availability in

the past has allowed 1st and last month’s rent in advance. One security deposit for

all residents/parties. Don’t split it up. You don’t have to keep a security deposit

in a separate trust account, but it’s a good idea.

i. List all the statutory allowances to deduct from a security deposit.

ii. You cannot deduct against deposit for normal wear and tear.



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iii. Texas Property Code, §92.101 governs security deposit.

iv. DO NOT INCLUDE A NON-REFUNDABLE SECURITY DEPOSIT

PROVISION. Texas law specifically provides security deposits are fully

refundable if the resident totally complies.

1. Non-refundable deposits are unlawful and may result in a Texas

Deceptive Trade Practices Act (DTPA) lawsuit.

2. Make sure the deduction can be justified

3. There are statutory penalties for failing to return security deposit or

failing to itemize deductions from the security deposit.

4. Repairs and replacements along the way, that are a result of

damage by tenant—keep records.

g. Animal Deposits should be separate from animal deposits. You cannot prohibit

certain trained pets—reasonable accommodation for a service animal, or charge a

security deposit for a service animal for disabled residents. They have to prove:

i. the service animal is trained;

ii. they have a disability; and

iii. the service animal is actually used for that purpose.

Have an animal addendum executed before or when the dog shows up. You can’t

insist on animal deposit with support animal, but you can insist on animal

addendum be executed. It’s a bad idea to ever try and remove animal without

owner’s consent. If pet is a problem, evict for nuisance or damage to property—

even with support animal.

h. Residents vs Occupants. What is the difference between residents and occupants?

i. A resident is someone contractually liable on the lease;

ii. An occupant is someone allowed to reside in the property, but they are not

contractually liable for performance. Get accurate information about the

legal name of all occupants.

iii. Have all adults living on the property sign the lease as residents.

iv. Only minors or other dependents should be listed as occupants.

v. Residents and Occupants are persons authorized to reside in the residence.

1. Exception—occasional guests.

2. Avoid ―permanent guests‖—specify the maximum number of days

a guest may stay.

3. Some local ordinances regulate the number of unrelated occupants

allowed to reside in a dwelling.

i. Resident’s Insurance. A huge majority of Landlord’s do not require Tenant’s to

obtain renter’s insurance. You should state in the lease that it is the Tenant’s

obligation to insure their own property. Issue of liability over a dog biting

someone on the property. Dangerous pets.

i. Set out the respective parties’ liability.



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j. Keys, Furniture and Affidavit of Move-Out.

i. Family violence issues. Specify that if tenant gives you an affidavit,

Landlord has the right, but not the duty, to comply with a resident’s

request for an Affidavit of Permanent Move-Out to rekey locks and not

give new keys to the resident who allegedly moved out.

ii. If you don’t have an affidavit, you can’t deny a tenant a key if you’ve

changed the locks. It puts you in the middle of domestic dispute. The

affidavit and this provision in the lease is your shield.

iii. Affidavit of Permanent Move-Out helps prevent family violence.

k. Security Devices – Residents must be safe. You must rekey every time you

change tenants. Your liability can include wrongful death, at worst, property theft

at a minimum, plus statutory penalties.

i. Dead bolt locks

ii. Must have smoke detectors – Specify who is responsible for changing

batteries?

iii. Carbon monoxide detectors.

1. Specify Tenant cannot disable.

iv. Window locks with pin

v. Patio sliding door bars.

l. Unlawful early move-out. Re-letting charge is there to compensate you for

having to release the premises earlier than if resident had fully performed. You

have a duty to mitigate. Reasonable amount is 85% of one month’s rent as a re-

letting charge.

i. Military deployment is not an unlawful early move-out.

ii. Family violence. Tenant can move out with affidavit of family violence

and stalking issues.

m. Damages and Reimbursement provisions. Tenant should be responsible for their

own conduct and their occupants, guests and contractors. Clogged plumbing is a

perfect example. Landlord is responsible for his/her/its own negligence.

i. Seizing tenant’s property is a bad idea, even for non-payment of rent.

Exempt property is defined by Texas Property Code, sec. 54.042. Very

risky business to risk and potentially expensive to risk violation of

Tenant’s right as to exempt property.

ii. There are strict statutory procedures for disposal/sale of the property.

iii. Many managers and owners do it incorrectly and create liability to

Landlord.

n. Abandoned Property is another issue. Define surrender, abandonment or eviction

so that you can remove property under these circumstances.



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i. Surrendering is when tenant voluntarily moves out and gives you the keys.

ii. Abandonment—occurs if it appears everyone has moved out. How many

days have they been gone with unpaid rent. Specify—seven contiguous

days not at the property with unpaid rent.

1. Take photos and time date the photos.

2. Evidence they have abandoned and the value of the contents.

3. Personal belongings have been substantially removed

4. Notice has been left inside main entry door, no response from

tenant.

iii. Eviction is straight forward. Set out what will happen to property on

eviction so that there no surprises. Upon eviction, constable will supervise

removal of personal property and put it on the curb (not on a rainy day). If

Tenant fails to remove from the curbside (the neighbors will), property can

then be collected from curbside and sold.

o. Disposition of Property Removed.

i. Owner should specify they have right, but not a duty to store.

ii. Property removed by Landlord lien must be stored:

1. Resident has a right to redeem prior to sale if it was seized under

the Landlord lien statute.

2. Resident has right to redeem after seizure if resident pays:

a. Unpaid rent due at the time of the seizure, and

b. Packing and storage charges.

3. To redeem property after surrender, abandonment or eviction,

resident should be required to pay all sums due to owner.

p. Delay of Occupancy. Protect yourself against delay of occupancy. If your prior

tenant does not move out when they said they would, you could be exposed to

liability because your property is not ready for move-in. Repairs or make-ready

not done on time because of your contractor. Provide for notice to Tenant as soon

as practicable, no liability, provide for pro-ration of rent as the only remedy,

expressly disclaim consequential damages. Provide damage/indemnification/hold

harmless provisions for Tenant’s who hold-over to prevent your exposure for

delay in occupancy through no cause of your own. This is a legitimate deduction

from security deposit.

q. Resident Conduct. Tenant has a right to peaceful, quiet enjoyment of the

premises. So do the neighbors. Set up nuisance rules to deal with complaints

from neighbors, law enforcement. Keeping the premises and lawns clean and

maintained. Policies and rules can become part of the lease agreement. Violation

of community rules is a breach of the lease. Comply with valid deed restrictions

and subdivision rules. Section 8 program prohibits criminal activities and drug-

related activities on the part of the Landlord and the Tenant. Specify that the

Landlord can terminate the lease for criminal activity of a tenant, member of the

household, occupant, guest or another person under a resident’s control commits



Page 11 of 18

any criminal activity or drug-related criminal offense. Specify prohibited conduct

and notice required to evict.

r. Parking. May want to regulate parking. Don’t want cars parked on yard,

sidewalk. It is illegal to take kickbacks from towing companies.

s. Condition of the Premises. Cannot waive health and safety. The standard for

HUD section 8 program is decent, safe and healthy. Specify no alterations

without consent of the Landlord, including painting. Had a tenant whose Goth

son painted a room flat black. It took many coats of paint to restore wall paint to

Ivory white.

t. Repairs. Requests should be made in writing. Insist on repairs in writing.

Specify notice provisions. You are obligated to make health and safety repairs

promptly.

u. Right to Enter. Specify when you may re-enter the premises, you should be able

to make health and safety repairs without having to wait for tenant to be available.

Health and safety inspections. When you enter leave notice after. Don’t abuse

this. Tenant has a right to quiet enjoyment of the property.

v. Responsibilities. Set out responsibilities of Owner and of Tenant.

w. Default. Set out what happens on default by either party. Specify notice

provisions.

i. Notices. Notice has to go to SAHA also for default or notice of eviction

on Section 8 tenants.

ii. On holdover. By lease agreement you can give notice of eviction on 24-

hours notice. However, most JP’s require 3-days’ notice by custom.

iii. Acceleration of Rent. Not favored by JP’s, but can be included in the

contract. There is a non-waivable, statutory obligation to mitigate

damages.

iv. Holdover – provide penalties for tenant holding over. Tenant is subjecting

you to damages from next Tenant for delay in occupancy. 25% increase

during holdover period and due daily can be in the contract.

1. Give yourself the option to unilaterally extend Lease for one month

on holdover and holdover Tenant liable for lost rents and damages

due to holdover.

2. Specify remedies may include late charges, interest and attorney’s

fees (if case is taken to court).

3. Lockouts and Landlord liens are prohibited for Section 8 residents

and tax credit properties.

v. Resident is entitled to full credit for rents paid if you re-let the property

during the remainder of the defaulting resident’s lease contract term.

x. Miscellaneous. To be valid, changes or other promises to the resident must be in

writing. No other agreements. The lease is the final and only agreement unless

changed in writing.



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i. Fax & Electronic Signatures. You want them binding; state that they are.

ii. Notices. You can specify whether you want notices deliverable by fax or

US mail or hand-delivery. Notices to vacate/eviction should always

comply with statute, by CMRRR and posting on the front door of the

property. E-mail is convenient, but you don’t want notices from either

party deliverable by e-mail.

y. Security Guidelines. Set up some common sense safety rules/guidelines. Specify

they are guidelines, not obligations of Landlord.

z. Move-out Notices. Specify procedures for Resident to give notice in writing and

timetable and the Landlord to give notice of Lease Contract termination.

i. Must be in writing and cannot terminate the lease term sooner than the end

of the lease unless breach or default by Resident.

ii. If more than 30 days’ notice is required, owner must provide Resident

with a reminder at least 5 days prior.

iii. If a Landlord fails to provide the reminder notice, Resident must only

provide 30 days written notice to move-out.

iv. Clarify you are not obligated to refund security deposit on move-out.

Duty is not triggered until all residents have moved out and within 30-days

after move-out.

v. Residents have a duty to provide forwarding address for all Residents.

You may need this to sue for latent damages.

aa. Cleaning. Specify what’s expected by the Tenant to clean at move-out. Should

be comprehensive.

i. Resident should be held responsible for cleaning charges beyond normal

wear and tear. Can’t charge cleaning for normal wear and tear.

ii. Photos before and after of the property are your best defense.

iii. Move-Out Inspection. Specify joint move-out inspections

iv. That move-out inspection is not definitive of security deposit refund.

Latent damages like urine in the carpet, padding and concrete.

bb. Originals and Attachments. Execute duplicate originals, make sure everything is

filled in and copy should be made after signing.

i. Don’t give out keys until every Resident has signed lease.

ii. List addenda or attachments.

1. Must have lead paint disclosure.

2. Include Inventory & Condition Form

3. Include Pet Agreement



Page 13 of 18

cc. Lease Renewals should be on new contract. Consult an attorney about changes in

Landlord/Tenant law.

In conclusion, the Landlord should strive to develop a mutually beneficial relationship

with Tenant by instituting fair, consistent and law-abiding procedures and processes.

Integrity and honesty between Landlord and Tenant will most likely result in a win-win

situation. For the Landlord, don’t be dilatory in responding to Tenant’s requests,

maintain well-organized and orderly records, especially payment histories and assist the

Tenant in maintaining the property in good condition.

V. EVICTION.

a. Default/Breach of Lease Agreement. On breach in payment of rent, or some

other breach of the lease agreement, you should send a notice to cure. For

example:

i. Tenant has failed to pay rent after 3 day grace period. Day 4, call the

Resident and ask where’s the rent? Follow-up with a notice in writing by

certified mail and regular first class mail. State payment is late and that

late payment charges apply at the rate of $____ per diem, until paid.

b. Notice to Vacate. Prior to filing a Complaint for Forcible Detainer to evict a

tenant, the Plaintiff/ Landlord must give the tenant at least three days written

notice to vacate unless the parties have contracted for a shorter or longer notice

period in a written lease or agreement. (Tex. Prop. Code, §24.005) [Many J.P.’s

will insist on 3-days’ written notice to vacate even if your contract provides a

shorter notice period.] The notice period is calculated from the day on which the

notice is delivered. The notice to vacate should be unconditional (i.e., it should

tell the tenant to vacate the premises by a specific date in no uncertain terms.)

The Plaintiff/Landlord should be prepared to provide proof at any subsequent

court hearing that the Notice to Vacate has been served on the tenant retaining a

copy of the Notice to Vacate and serving the Notice to Vacate in accordance with

the law. This is the law:

i. Texas Property Code, §24.005(f): ―The notice to vacate shall be given in

person or by mail at the premises in question. Notice in person may be by

personal delivery to the tenant or any person residing at the premises who

is 16 years of age or older or personal delivery to the premises and

affixing the notice to the inside of the main entry door. Notice by mail

may be by regular mail, by registered mail, or by certified mail, return

receipt requested, to the premises in question. If the dwelling has no

mailbox and has a keyless bolting device, alarm system, or dangerous

animal that prevents the landlord from entering the premises to leave the

notice to vacate on the inside of the main entry door, the landlord may

securely affix the notice on the outside of the main entry door.‖

ii. Notice should be addressed to every adult who signed, are liable on the

lease ―and all other occupants.‖ Notice should go to SAHA.



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iii. Send your Notice to Vacate by Certified Mail, Return Receipt Requested,

keep your postage receipt. Keep the green proof of receipt when it comes

back as proof the certified mail was delivered.

iv. Also send your notice by regular 1st Class, U.S. Mail, because some

tenants experienced at dodging debt collectors and evictions, just refuse to

sign for and accept certified mail. Add the following postscript: ―P.S.

This notice is being sent by both Certified Mail, Return Receipt Requested

and by regular, First Class U. S. Mail. If you fail to accept delivery of the

Certified Mail, but the First Class U.S. Mail notice is not returned as

undeliverable, notice will be presumed.‖

v. Post a copy of the 3-day Notice to Vacate at eye level on the front door of

the residence.

c. Complaint in Forcible Detainer is the legal name for eviction proceedings.

(Tex. Prop. Code, §24.002) Texas Property Code, §24.0051, provides the

procedures applicable in suit to evict and recover unpaid rent. In the event that a

tenant fails to vacate the premises by the specified date, then the Plaintiff or

landlord may then initiate a judicial action against the tenant by filing a

Complaint for Forcible Detainer. The complaint MUST be filed in the precinct

where the property relating to the eviction is located. (Tex. Prop. Code, §24.004,

Jurisdiction) In order to locate the correct precinct in which to file, you may call

the Voter´s Registration Office (210) 335-6625 and give them the exact address or

use the Jurisdiction Locator tool—a link on any JP webpage.

d. Legal Representation. You don’t have to have attorney represent you in JP

court, unless the entity which owns the property is a corporation. The landlord,

his/her attorney, or a non-lawyer agent may sign and file the Complaint of

Forcible Detainer and represent the owner at the court hearing. Individual

property owners may represent themselves in the Justice of the Peace Courts; and

partnerships may be represented by a Partner. If you need legal advice or desire

representation by an attorney, the San Antonio Bar Association provides a

referral service (210) 227-1853. Or…ahem…you could call me.

i. If you are represented by legal counsel and you prevail, you may be

entitled to recovery attorney’s fees if you comply with Texas Property

Code, § 24.006. You are not entitled to attorney’s fees if you are not an

attorney and represent yourself.

ATTORNEY'S FEES AND COSTS OF SUIT. (a) Except as provided by

Subsection (b), to be eligible to recover attorney's fees in an eviction suit,

a landlord must give a tenant who is unlawfully retaining possession of the

landlord's premises a written demand to vacate the premises. The demand

must state that if the tenant does not vacate the premises before the 11th

day after the date of receipt of the notice and if the landlord files suit,

the landlord may recover attorney's fees. The demand must be sent by

registered mail or by certified mail, return receipt requested, at least 10

days before the date the suit is filed. (Emphasis added.)

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(b) If the landlord provides the tenant notice under Subsection (a) or if a

written lease entitles the landlord to recover attorney's fees, a prevailing

landlord is entitled to recover reasonable attorney's fees from the tenant.

(c) If the landlord provides the tenant notice under Subsection (a) or if a

written lease entitles the landlord or the tenant to recover attorney's fees,

the prevailing tenant is entitled to recover reasonable attorney's fees from

the landlord. A prevailing tenant is not required to give notice in order to

recover attorney's fees under this subsection.

(d) The prevailing party is entitled to recover all costs of court.

e. Filing Fee. $31.00 for Complaint in Forcible Detainer. Name each person who is

liable on the Lease as a Defendant in the complaint, ―And all other Occupants.‖

Each Resident must be served with notice. The service of process fee is $65.00

per Resident to have a constable serve process on each Resident. Methods of

Payment: Cash, Money Orders, or Cashier’s Checks. No personal checks

accepted. Make Money Orders & Cashier’s Checks payable to the applicable

J.P. Court #___. All fees are nonrefundable.

f. If the complaint for Forcible Detainer includes a suit for unpaid rent, the

Plaintiff/Landlord must clearly state the amount of back rent for which judgment

is being sought (within the jurisdictional limit of $10,000.00), and should reserve

the right to include any additional rents that may become due during the pendency

of the suit.

g. The plaintiff/landlord should also prepare a copy of the complaint for their own

records and/or reference. A fee will be charged for any copies made by court

personnel; bring your own copies.

h. At the time of filing, the Court Clerk will issue a receipt for the fee and indicate

on it a case number which should be referred to during any subsequent contact

with the court. The Court will then issue a citation to the defendant(s)

commanding him/her to appear before the Justice of the Peace. A copy of the

complaint will be attached to the citation and both the citation and the attached

complaint will be served upon the defendant by the Constable’s Office. At the

time the defendant is served, the citation will indicate the date and time of the

hearing before the Justice of the Peace. By law, the hearing date will be not less

than six (6) day nor more than ten (10) days from the date the citations is

served. Each JP has their own schedule for hearing eviction cases on a weekly

basis. A hearing date will be set at the time of filing, that will be the only

notification you will receive. If, however, notification has not been received by

the fifth day following the filing of the complaint, the plaintiff/landlord is

responsible for contacting the court to obtain a new hearing date. Should the

Plaintiff/Landlord fail to appear at the hearing, either their case will be dismissed

or there may be a judgment for the Defendant.

i. At the time of the hearing, the Plaintiff/Landlord should, at a minimum have in

their possession the following items or information:

i. The original lease signed by all parties.

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ii. A copy of the notice to vacate (including proof of service);

iii. Any additional evidence which may have a direct bearing on the case,

such as

1. police incident reports;

2. written complaints by neighbors;

3. complaints from Animal Control;

4. bounced checks;

5. an accounting showing total amount of rent due within the

jurisdictional limit of $10,000.00;

6. photos of property damage;

7. before and after photos of the property;

8. paid invoices for repairs (don’t bring a piece of notebook paper for

a do-it-yourself job, without receipts for parts); and

9. estimates for repairs (from licensed repairmen). [This list is not all-

inclusive. Whatever you think may be relevant to prove the

Resident is in breach to terminate the lease and prove your

damages to the property.]

j. After judgment is rendered, a copy of the judgment will be provided before

leaving the court.

k. After the hearing, either party has five (5) calendar days to appeal the judgment

by filing an Appeal Bond with the Justice Court. It is strongly suggested that an

attorney be consulted before filing an appeal. A Transcript Fee will be charged

for appeals.

l. If, within five calendar days from the date of judgment, no appeal has been filed

and the defendant still has not vacated the premises, the plaintiff may obtain a

Writ of Possession to legally remove all personal property of the defendant’s

from the premises for a fee (and is included in the judgment amount rendered

against the defendant).

m. A Writ of Possession is executed by the Constable’s Office. When the fee for a

Writ of Possession has been paid to the court, court personnel are responsible for

preparation of the Writ of Possession and the forwarding of it to the Constable’s

Office. A court clerk will provide the plaintiff with a receipt to take to the

Constable’s Office. The Constable’s Office will schedule the execution of the

Writ of Possession at that time. They require the Landlord’s individual name,

address and phone number. The Constable does not represent the plaintiff or the

defendant, only the Justice Court, and will remain on the premises as a keeper of

the peace to see that the writ is executed according to law. The physical removal

of all property will be made by the defendant or plaintiff or their designated

personnel. If the Tenant has abandoned the premises is not on-site when the Writ

of Possession is executed, the Landlord will have to have personnel available to

remove the property to the curb. Constable’s provide no labor or service other

than keeping the peace while property is removed. If the Tenant appears, fixtures

are not to be removed. Fixtures should be defined in the lease and photographs of

fixtures on the premises should be taken before occupancy. Questions involving





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the execution of a Writ of Possession should be directed to the Constable´s

Office at (210) 335-4850.

n. Frequently the Plaintiff will find it difficult to collect their judgment on past rent

due. Thirty (30) days after a judgment is final, a Writ of Execution may be

purchased through the court for a fee (per party that the Writ is to be served

upon), which is included in the judgment amount rendered against the

defendant(s). A new home or work address of the defendant is required for

service of the writ. Court personnel will prepare the Writ of Execution and

forward it to the Constable’s Office. The Constable serves the writ on the

defendant and makes oral demand for payment of the judgment. If the Constable

receives no payment, and there is no non-exempt property to levy on, the writ is

returned unsuccessful to the court. THERE IS NO GUARANTEE YOU WILL

RECOVER ANY MONEY. In most low income/affordable housing/subsidized

housing situations, your security deposit is usually the only recourse to recover

past due rent and damages. Think long and hard before waiving a security deposit

or setting it too low.

o. Another alternative to collection of a judgment for past rent is an Abstract of

Judgment. If no appeal has been filed within five days after the date the

judgment is rendered for a fee the court will prepare the abstract which the

plaintiff must then file with the County Clerk at the County Courthouse. In the

event a Judgment Debtor gets back on their feet and acquires assets, an Abstract

of Judgment places a lien against any non-exempt, real property of the defendant

for a period of ten years. It can be renewed, don’t let it expire. Renew prior to

expiration. When requesting an Abstract of Judgment you should provide the

court, at least one or all of the following items of information pertaining to the

defendant:

i. Date of Birth

ii. Texas Driver´s License

iii. Present address

p. NOTE: COURT CLERKS ARE PROHIBITED FROM GIVING LEGAL

ADVICE. THEY ARE NOT LEGALLY TRAINED AND ARE NOT

RESPONSIBLE FOR PROVIDING ANY INFORMATION OTHER THAN

THERE PROCEDURAL ADMINISTRATIVE DUTIES. IF YOU HAVE

ANY FURTHER UNANSWERED QUESTIONS, YOU ARE GREATLY

ENCOURAGED TO SEEK THE ADVICE OF AN ATTORNEY.

In conclusion, the Landlord should follow the legal requirements for evictions carefully and

completely. This includes being respectful to the judge and the court clerks, bringing all

necessary documentation to the hearing, notifying witnesses of the time and date of the hearing,

and having the order ready for the judge’s signature.





Page 18 of 18

ABIGAIL ANTUNA, ATTORNEY AT LAW ANTUNA AND ASSOCIATES

P. O. BOX 460483

SAN ANTONIO, TX 78246

TELEPHONE: (210) 287-2307

FACSIMILE: (866) 498-6528

E-MAIL: [email protected]

Landlord Symposium

May 22, 2013

**The Community Development and Initiatives

Department plans, develops, implements, and

manages the San Antonio Housing Authority’s (SAHA)

community-wide socio-economic development and

comprehensive family self-sufficiency programs.

*Our programs are specifically designed to facilitate,

integrate and promote SAHA’s community housing,

economic, social, self-sufficiency and community

development missions

**Our major programs include, but are not limited to:

*The Family Self Sufficiency (FSS) Program

*Community Development Endowments and Grants

*The Education Investment Foundation (EIF), and

*Extensive Collaboration on SAHA Section 3 Programs

*Jobs Plus

*Project Storm

*

* Our Youth Scholarship Program:

* Renewable scholarships for Graduating Seniors living in Public Housing or are Section 8 residents.

* Cash scholarship to aid in alleviating financial burdens while moving toward a college degree, or certification from a technical or trade school.

* Scholarships are in increments of $1500 for first time undergraduate students and are renewable.

* Applicants are all SAHA residents with a minimum GPA of 2.0 and is an active student with extra-curricular activities.

* Recipients have gone on to become Doctors, Teachers, Public Servants and Business leaders.

*

* Supportive services available in the program include:

* Holistic Case Management

* Education and Training Opportunities

* Career Counseling

* Scholarships and educational incentives for the children of participant families

* Parenting Skills Development

* Financial Planning and Budgeting Classes

* Homeownership Counseling

* Communication Skills Development

* Substance Abuse Counseling/Treatment

Resident Services

Recurring events:

* Father’s Day Event

*National Night Out

* CAMP Flaming Arrow

* Elf Louise

Activities by Property:

* Easter Spring Fling

* Father/Daughter Dinner

* FSS Rap Session

* Young Mothers Opportunity Program

* Tobacco Kick Butts event

* Back to School Event activities

* Literacy programs

*Girl Scouts

New Initiatives:

* Pedaling Your Way to Fitness

program

CDI Programs:

* Summer Youth Employment

Program

* Resident Council

* Resident Ambassadors

* SAHA SIF Jobs-Plus is an empowering community career center within the San Antonio Housing Authority committed to providing and maintaining employment-related services, financial incentives to work and community support for work.

*We will help to create safe neighborhoods by partnering with individuals and organizations to provide employment, training, continuing education, affordable rent, and advancement opportunities for families of modest means to become self-sufficient and improve their quality of life.

*We shall serve our members with the highest level of professionalism, empathy, understanding and respect.

* Some sources of employment for members:

* Section 3

* Raba-Kistner Consultants, Inc.

*Waste Management

* Labor On Demand

*Other

*Workforce Solutions Alamo

* Cardell Cabinet Makers

*Our Lady of the Lake University

* VIA Metropolitan Transit

* San Antonio Housing Authority

* Tejas Premier Building Contractors, Inc.

* City of San Antonio

* Rio San Antonio Cruises

Early Engagement Program • Proposed in MTW submission

• Objectives include:

• Engage residents when they enter housing

• Provide basic skills to ensure “Responsible Resident”

• Reduce crisis situations

• Assess residents

• Utilize limited staff and agency resources more efficiently

• Create tiered services (Early engagement, ROSS, FSS/Jobs Plus)

• Currently intake approximately 2400 families annually

Draft Curriculum

• Becoming a successful resident (overview of renting)

• Tenants rights (relationship between landlord and renter)

• Budgeting basics (creating a spending plan)

• Financial literacy (understanding credit, importance of saving)

• Housekeeping (maintaining a safe and sanitary home)

• Being a Good Neighbor (renter responsibilities, conflict resolution)

• Safety and Security (securing your home)

• Energy Conservation (tips to save money and energy)

Brain-storming Phase

• Curriculum- need to sub-committees to engage partners and assist

in development of program

• Possibly form Early Engagement committee of experienced

partners in designed areas to assist in development

• Another component could be to host min-resource fairs

*

*Adrian Lopez, Director of Community

Development Initiatives @ (210) 477-6270

*Program Manager(s)

*Susan Ramos-Sossaman @ (210) 477-6026

*Larry Carter @ (210) 477-6531

*Jennifer Nobbie @ (210) 477-6252

*Christine Leyva, Administrative Specialist II

@ (210) 477-6221 email: [email protected]

mailto:[email protected]

San Antonio Housing Authority February 27,2013

New Development and Modernization/Retrofit: • Work closely with staff, architects, and developers on

specifications and Requests For Proposals (RFP) • RFPs and Specifications written to Leadership in Energy and

Environmental Design (LEED) standard • Energy Star Rated • Indoor airPlus Rated • Build San Antonio Green (BSAG) verified • Agency policy for energy efficiency and conservation for New

Developments and Modernizations/Retrofits

What Works?

• Stay ahead of the curve • The current standard is IECC 2009 for San Antonio soon

to be IECC 2012. • The City of San Antonio’s (CoSA) goal to be net-zero by

2030 • SAHA is already discussing Net-Zero Communities • SAHA is at the head of the class on energy efficiency in

San Antonio and is rapidly becoming a nationally recognized leader in this area

What works? Continued….

• Conceding autonomy and decision-making about development and modernization/retrofit to architects and developers – it must be collaborative

• Not having a vision of the development or retrofit before the project begins

• Not considering how the development or retrofit can change the face of the neighborhood

• Jumping to Net-Zero before area contractors understand what this truly means

• Not shifting construction mindset from volume installation to craftsmanship of trade

What doesn’t work?

• SAHA’s standard practice is to include design charrettes during the pre-planning and planning phases for new developments and retrofits

• SAHA works closely with the staff, architects, developers, builders, contractors, energy raters, and BSAG to ensure compliance with SAHA practices

• Utilize modeling programs such as RES-Net or COM-Check for pre-development phase

• Think outside of the box - greener does not have to mean more complex and expensive

• Engage the community to visualize how they would like to see the community transform

What’s practical?

• Unrealistically ambitious goals • It is too soon to expect to hit Net-Zero or Net-Positive

within the next few years on all projects. It will take time, consideration, and area contractors will need to catch up to new and national trends.

• Unrealistic goal setting is not productive - to go above 25% better than code at this point is not realistic. For example, for a multi-family development to hit 25% above IECC 2009, an expensive alternative energy source would have to be included in these projects.

• Understanding where we are and where we are not to clearly identify what can or cannot be done.

What’s not practical?

2011 Energy Star Award for Excellence in Affordable Housing San Antonio’s first Multi-Family BSAG Level 1 and Level 2 New Developments San Antonio’s first Multi-family Level 2 Retrofit 2012 City of San Antonio Green Building Award 2012 NAHRO Awards Member of the Rocky Mountain Institute Residential Energy Efficiency Leadership(REEL) Committee. Member of the Sustainable Performance Institute (SPI)-HUD Committee

What we have accomplished over the past two years….

San Antonio Housing Authority May 25, 2013

Proprietary SAHA system

SAHA provides program updates to landlords Event information

Policy updates affecting landlords

Payment schedule

Landlords can access live information about their units Direct payments

Payments to managing agents

Inspections results

Family and unit information

Simple and user-friendly

Access Landlord Corner through SAHA’s website

Sign-in not required

Sign-in required

Sign in and out

You will know that you are signed in when a personalized welcome message appears at the top of the screen

Click “Received” to see payments disbursed directly to you

You will be given the following information: Date – Check date

Type – Payment type (e.g., direct deposit)

Number – Check number

Amount – Total payment amount

Number of Items - Payments for individual units

Commands – Payment details

(v) icon indicates a sortable column

Click the command icon for payment details

Addresses

Head of Household Names

Click “To Managing Firms” to see payments disbursed to a property manager on your behalf

You will be given the following information: Date – Check date

Type – Payment type (e.g., direct deposit)

Number – Check number

Payee – To whom the payment was made

Description – Purpose of the payment (family name)

Unit Address – Unit for which the payment was made

Amount – Total payment amount

Head of Household Names

Unit Address

Payee

Check #

Click on “Families” to view information about the families living in your units under contract with SAHA: Tenant Name

Street Address

Housing Assistance Payment amount

Contract rent

Family’s reexamination date

Family’s move-in date

Additional details

Click the command icon for payment details

Head of Household

Unit Address

Click on “Profile” to view the information that SAHA has on record for your account.

If any information is missing or incorrect, please contact us by clicking “Email” in the menu, or calling us at (210) 477-6033.

Click the command icon for inspection information and other details

Click the command icon for inspection details

When you are finished, click “Sign Out” and follow the prompt to sign out of Landlord Corner.

If you experience any problems in Landlord Corner, or wish to make a suggestion to the web master, click the “Email” button.

Always click on before attempting to print.

Click to export information into CSV file format.

Feel free to contact our Landlord Liaison at any time for assistance: Carol Aguillard

(210) 477-6033

[email protected]

The Top 10 Things You Should Expect with a SAHA Compliance Audit 1. The Owner on file of the property selected for a compliance audit will receive notification from

Assisted Housing Programs notifying them of the upcoming audit. The Owner generally gets at least two weeks notice, in case the proposed date is in conflict with previously scheduled audits/inspections. Any date change will need to be within a week of the initial proposed date.

2. The SAHA Audit Team will introduce themselves and understand your processes and reports you use

for your business. 3. The SAHA Audit Team will provide a list of program participants to your Property Manager to obtain

the current leases on file at your property and reports you use supporting the related transactions for the defined scope period.

4. The defined scope period will generally be within the last calendar year. 5. The SAHA Audit Team is focused on ensuring the following:

a. The program participant lease is in alignment with the SAHA HAP Contract Terms; b. The charges to the program participant are in alignment with the SAHA HAP Contract Terms; c. Payments made by SAHA and the program participant are credited to the program participant in

a timely manner; and d. No transactions are being charged or credited to the program participant outside of the SAHA

HAP Contract Terms.

6. The SAHA Audit Team should complete their review the day they come to your property. 7. The report, including any findings noted, will be provided to the Owner for review and correction. 8. The report, including any findings noted and planned corrective action by the Owner will be

provided to SAHA management. 9. The SAHA Audit Team will follow-up after several months to perform an abbreviated compliance

audit to determine if the same findings identified in the audit report are continuing to occur.

10. The SAHA Audit Team will be professional, courteous, and respectful throughout the entire process.

LEGAL AND LEGISLATIVE UPDATE:

WHAT’S NEW, WHAT’S ON THE HORIZON AND WHAT YOU SHOULD KNOW

Presentation to

Housing Authority of the City of San Antonio

May 22, 2013

R. David Fritsche

83rd

Session of the Texas Legislature; Matters of Interest:

Passed: HB 1263 – Extends new JP Court rules effective date to August 31, 2013

SB 630 – Residents are able to obtain a copy of lease/halts case until copy provided. Jan 1, 2014

Pending: SB 694 – Expands termination rights of tenants who are victims of sexual assault

HB 1086 – Reinstitutes right to terminate electricity on submetered and mastermetered units

HB 585 – To make it harder for appraisal district to raise value after a successful challenge

HB 3361 – TDHCA Sunset Bill – House added extra additional public hearing requirements

on tax credit/bond properties

Recent Fair Housing Developments:

Hoarding Disorder: May 1, 2013 – new diagnosis.

Companion Animal Rule: HUD, April 25, 2013; cannot enforce breed restriction if companion

animal until after first bite/attack; check bite records

Discriminatory Effect Rule: February 15, 2013: HUD: Facially neutral policy may violate FHA

Gender Identity/Sexual Orientation: New protected classes on properties that take Section 8,

have HUD-insured loans, or receive HUD assistance

New JP Court Rules:

Effective August 31, 2013. 21 day trial deadline from date of filing. Possession Bond

streamlined. No rules of Evidence or Procedure, “unless judge determines one should apply.”

Pauper’s Affidavits: Obtain writ of possession from JP Court when no deposit in registry.

Smoke Alarms: Now required in each bedroom

Fire Extinguishers: Self Inspection now allowed of 1A10BC; maintain inspection log

Guaranty Agreements: Obtain new guaranty on renewal; provide notice in renewal letter.

Habitability Statute: Tenants may now obtain orders to repair from JP Court

EPA Lead Paint Rules: Pre-1978 construction; must provide disclosure. Maintain suspense file.

Landlord Liens/Lockouts: Court order required for tax credit properties.

2013 landlord symposium documents

Documents