MANUFACTURED HOME AND
LOT#
HOUSE#
This Lease Agreement ("Agreement")
is made and executed by and between B&H Mobile Homes Inc ("Lessor") and (Lessee") _____on
this Friday, May 05, 2023 at, Mockingbird MHP, 1716 Hofheinz lot# , San Marcos, Tx, 78666.
Lessor
hereby leases to Lessee and Lessee hereby leases from Lessor that certain
manufactured home and lot ("Premises") in the above written Park, in
the City of
1. TERM:
The primary term of this Agreement shall commence on, Friday, May 05, 2023 and shall
end at
2. RENT: Lessee
shall pay $ 1,100.00 per
calendar month for rental, without deduction, for the Premises, payable monthly
in advance on the first day of each calendar month. The prorated rental from
the date of move-in to the first day of the month following is $ 950.00
Lessee's right to possession of the Premises
is expressly contingent upon the prompt and timely payment of rent and other
charges due hereunder, and the use of the Premises by Lessee is obtained only
on the condition that such sums are promptly and timely paid.
Lessee shall pay promptly all sums other than
rent pursuant to the provisions of this Agreement within 3 [three] days
following Lessor's delivery of a statement of account therefore.
Moneys
received by Lessor from Lessee shall first be applied to discharge any past due
amounts, including but not limited to, past due late charges, check charges,
key charges and utility bills owed by Lessee. After such past due amounts have
been paid, the remainder of any moneys received by Lessor from Lessee shall be
applied to past due rent, then to current.
If the rent
or other sums payable hereunder are not paid within 3 [three] days of the date
on which such are due, a late charge of $ 45.00 plus $ 35.00 per day thereafter
will be added to the amount due.
A charge of
$ 35.00 will be
made for all checks returned due to insufficient funds or for any other reason.
Subchapter
C, Section 92.108, Texas Property Code, forbids a tenant’s withholding any part
of the last month’s rent on grounds the security deposit will cover the
balance. Such a withholding creates a potential claim of three times the rent
wrongfully withheld plus the landlord’s reasonable attorneys' fees
3. SECURITY
DEPOSIT: Lessee shall pay a security deposit in such amount as set
forth in the Security Deposit Agreement, attached hereto and incorporated
herein for all purposes, payable on or before the execution of this
Agreement. As a condition for refunding the security deposit, at least 30
days written notice of intent to vacate must be given to Lessor prior to
move-out except as may otherwise be provided in Chapter 92 of the Texas
Property Code.
4. USE OF PREMISES AND APPLICATION APPROVAL: An
Application for Lease ("Application") must be approved by Lessor
before Lessee shall have the right to use or occupy the Premises. Only those persons listed in said Application
shall be permitted to occupy the Premises.
The Premises shall not be used for any illegal purposes, or in violation
of any valid regulation of any governmental body or agency, nor in any manner
to create any nuisance or trespass.
5. PARK RULES AND REGULATIONS: All Park facilities are provided by Lessor
for the use and enjoyment of Lessee and, in certain cases, Lessee's family or
guests. Lessee agrees to abide by, and
to insure that Lessee's family and guests abide by all Park Rules and
Regulations ("Rules") and any amendments thereto. Lessee acknowledges receipt of a copy of such
Rules as of the date hereof. The Rules
and any amendments thereto are incorporated herein by reference and made a part
hereof for all purposes.
Lessee agrees that Lessor shall have the right
to modify, amend, change or replace such Rules in Lessor's sole and exclusive
discretion and at such time or times as Lessor may desire. Lessor agrees to give Lessee written notice
at least ten (10) days prior to any modification, change, amendment or
replacement. Any breach or violation of
such Rules is expressly declared to be a breach of this Agreement.
6. RELEASE OF LESSEE: In the event that Lessee is now or becomes
(except for voluntary enlistment) a member of the Armed Forces of the United
States on active duty and receives change-of-duty orders to depart the local
area, or is relieved or discharged from
active duty, then Lessee may terminate the Agreement by giving Lessor thirty
(30) days written notice, provided that Lessee is not otherwise in default or
breach. In such event Lessee agrees to
furnish Lessor a certified copy of such official orders which warrant
termination of this Agreement; it is expressly provided, however, that orders
authorizing base housing shall not constitute change-of-duty orders warranting
termination by Lessee. Lessee shall not
be released from this Agreement for any other reason.
7. ACCESSORIES, EQUIPMENT AND STRUCTURES: Approval of Lessor must be obtained before
construction, installation or modification of any manufactured home accessory,
equipment or other structure. (Note: Building permits may be required for certain
accessories or installations.)
1716 and 1722 Hofheinz are NOT in a 100-year flood plain, NOR have
they flooded in the last five years.
8. LANDSCAPING: Installation or planting of any trees,
concrete, masonry, or ground cover must be approved by Lessor. Lessees are encouraged to landscape the premises
and shall keep the Premises in a clean, attractive and well kept fashion. All landscaping improvements shall
immediately become a part of the realty and belong to Lessor and shall remain
upon and be surrendered with the Premises unless otherwise expressly agreed to
in writing by the parties hereto.
9. VEHICLE CONTROL: For the safety of the occupants and guests,
in the Park, Lessor has designated and posted certain speed limits; Lessees
agree to abide by such and to cooperate in the enforcement of such speed
limits. The streets and lanes are
private and not public thoroughfares.
Lessees may park passenger cars only on the Premises' space or a vacant
space without the express permission of the tenant or Lessor, whichever is
applicable. Visitors shall park in the
designated guest or visitor parking areas or in their host's drive if space is
available. All trailers, boats,
recreational vehicles or other vehicles not used for daily transportation shall
only be parked in the park as may expressly be designated by Lessor. All vehicles must meet statutory requirements
for inspection, safety, etc. in order to be operated in the Park. No junked, unusable or unsightly vehicles
will be allowed in the Park. Lessor, may
at its sole discretion, for the welfare of the occupants of the Park restrict
the delivery of certain products and services to approved, designated suppliers
or restrict the times of delivery of products and services. The operation of motorcycles, motor scooters,
minibikes and other two or three wheeled motorized vehicles must be first
approved in writing by Lessor.
Non-complying vehicles will be towed at their owner’s expense, and
Lessor assumes no liability thereto.
10. INSPECTION BY LESSEE: Lessee warrants and covenants that a full and
complete inspection of the Premises and of the Park and all of its facilities
has been made and that all of such were found to be in good, safe and habitable
condition.
Periodic
Inspections by the Lessor will be made with at least 24 Hour notice by the
Lessor. Lessee should be, but is not required, to be with the Lessor during
Inspection.
11. ASSIGNMENTS AND SUBLEASES: Lessee shall not, without the prior written
consent of Lessor, assign or sublet this Agreement, or the lease made
hereunder, or the Premises leased hereby or any interest therein. If Lessee attempts to assign this Agreement
or allows the Premises to be occupied by anyone other than Lessee, Lessor may
collect rent and other charges due under this Agreement from the assignee or
occupant, and apply the net amount collected to the amount herein due, and no
such collection shall be deemed a waiver of the condition herein against
assignment or subletting, or as an acceptance of the assignee or occupant as a
lawful tenant of this Park or of the premises, and in such case, Lessee shall
remain liable to Lessor for all provisions of this Agreement.
12. TRANSFER OF LESSOR'S INTEREST: In the event that Lessor sells, assigns or
otherwise transfers it interest in the Park or the mobile home, this Agreement
shall be binding on the purchaser assignee or transferee. Lessor shall be automatically relieved of any
obligations or liability hereunder as of the date of such sale, assignment, or
transfer, provided that the obligations and liability hereunder are assumed in
writing by said purchaser, assignee or transferee.
13. CONTRACTUAL LIEN: Lessor shall have and is hereby granted a
lien upon all non-exempt property of any kind (expressly including the
manufactured home) found or located on the leased premises to secure payment of
rent due or to become due under this lease.
If Lessee is delinquent in payment of any rental due under this lease,
Lessor shall have the right to enter peacefully the premises, manufactured
home, or storage facilities to exercise Lessor's contractual lien. Lessee's
absence from the premises for three consecutive days while all or any portion
of the rentals or other sums due under this lease are delinquent shall be
deemed an abandonment of the premises.
In order to clear such abandoned premises, Lessor may enter the
premises, manufactured home and storage facilities to remove and store all
property of every kind found therein.
Lessor may
impose reasonable charges for storing seized or abandoned property and may sell
the same at a private or public sale after thirty (30) days written notice to
Lessee of the time and place of such sale, and Lessor shall have the right to
become purchaser upon being the highest bidder at such sale; the notice shall
be deemed to have been given at the time of placing such notice in the U.S.
mails, postage prepaid, certified, or registered mail to Lessee at the street
or post office address herein above set forth.
Sale shall be to the highest cash bidder and the proceeds thereof shall
be first credited to the cost of seizure, storage and sale and then to the
delinquent rentals or other sums due Lessor; if any sale proceeds then remain
such shall be held by Lessor for Lessee and Lessor shall notify Lessee of such
surplus moneys in the same manner required for notice of the sale. It is expressly agreed that all of the lien
provisions of this paragraph and the procedures contemplated thereby shall be
available to, and may be done by, Lessor without the necessity of any prior
court hearing, proceeding or order.
Lessor shall have no liability to Lessee whatsoever for any acts or
actions taken or performed pursuant to the provisions of this paragraph.
14. REPAIRS: A Lessee’s request or notice under this subchapter requires the request or notice of needed repairs to be in writing and delivered to Lessee’s office. Lessee has the duty to repair or remedy, or to pay for the repair or remedy, of any of the following conditions that may occur to the Premises during the term of this Agreement, or any renewal or extension hereof: a. damage to from wastewater stoppages or backup caused by foreign or improper objects in lines that exclusively serve the Premises: a1) Sewer drain lines are interconnected between a fixed set of homes. When blockage occurs because of improper use (introduction of human waste other than fecal material, toilet paper, and urine) such as- but not limited to- tampons, condoms, cigarettes, Q-tips, combs, razors, tooth-pics, toys, or anything other than “Poop, toilet paper, and Pee”, you will be charged a fee- $75.00 Plus $75.00 if the sewer-auger machine is used- for the removal of any obstruction. This fee, when appropriate, will be divided between the numbers of homes that are on the same set of interconnections. B. damage to doors, windows, or screens; C. damage from windows or doors left open; and D. all other conditions which are caused by Lessee, a lawful occupant in the Premises, a member of the Lessee’s family, or a guest of Lessee, and which are not caused by normal wear and tear.
15. INDEMNIFICATION: Lessee hereby agrees to indemnify and hold
Lessor harmless for any injury or death to any person or damage to any property
arising out of the use of the Park by Lessee, Lessee's family, agents,
employees, guests or invitees. Lessee is
to keep the manufactured home and Premises in good and safe condition, and
notify Lessor immediately of any unsafe or unsanitary conditions in the Park or
upon Park property. Lessor shall not be
liable to Lessee for any damages arising out of any actions or negligence on
the part of any other Park residents or their families, agents, employees,
guests or invitees. Lessee agrees to pay
Lessor for any damages caused by Lessee, Lessee's family, agents, employees, guests
or invitees, whether such damage is sustained by said Park resident, said Park
resident's family, agents, employees, guests or invitees.
16. WAIVERS:
No failure by Lessor to enforce any provision of this Agreement after
default or breach by Lessee shall be deemed a waiver of Lessor's right
subsequently to enforce any and all provisions of this Agreement upon any other
or further default or breach on the part of Lessee. All remedies contained herein are cumulative
and agreed to by the parties without impairing any rights or remedies of Lessor,
whether said rights or remedies are herein referred to or not. The obligation of Lessee to pay rent shall
not be deemed to be waived, released or terminated by the service of a notice
to vacate, notice to terminate, notice of breach, demand for possession, or
institution of any legal action against Lessee, nor shall such acceptance
reinstate, continue or extend the term of this Agreement or affect any notice,
demand or suit in connection with such Agreement. No payment by Lessee or receipt by Lessor of
an amount less than the total rental and charges due shall be deemed to be
other than on account of the rent and charged due, nor shall any endorsement on
any check nor any letter accompanying such partial payment be deemed an accord
and satisfaction, and Lessor may accept such partial payment without prejudice
to Lessor's rights to collect the balance of rent and charges due.
17. EMINENT DOMAIN: In the event that any governmental body or
agency, or any entity which has the right of eminent domain, takes or condemns
all or any part of the Premises of such a portion of the Park that it is no
longer reasonably suitable for use as a manufactured home park for any public
purpose by right of eminent domain (or any private purchase in lieu of the
exercise of the right of eminent domain), this Agreement shall terminate on the
date that possession of such property is taken.
No part of any award or purchase price made or paid for such a partial
or complete taking shall be apportioned.
Lessee hereby renounces, and assigns to Lessor, any claim, right, title
or interest which lessee might have in any such award or purchase price. Lessor shall, however, have no claim to, nor
assignment of, any award or payment to Lessee for the taking, condemnation, or
purchase of any personal property belonging to Lessee and removable upon the
termination of this Agreement.
18. UTILITIES:
Lessor shall provide the following utility services:
Gas: No Electricity: No Garbage: No Water: No Wastewater: No
.
WATER/WASTEWATER SUB METERING
ADDENDUM:
Minimum Charge: $ 22.06
0
- 6000 + $ .0037 per gal
6001
– 9000 + $ .00647 per gal
9001
– 12000 + $ .00740 per gal
12001
– 20000 + $ .00833 per gal
20001
– 50000 + $ .00924 per gal
Over
50000 + $ .01109 per gal
Wastewater Rates:*
First
2000 – Min. $ 22.42
Over 2000 + $ .00721 per gal
*Same as City of
Excess water use fees are:
over 5,000
gallons $25.00 and $5.00 per thousand additional.
In order to reinstate service, a Service Charge and
Reconnect fee- in advance of reinstated service- must be paid. Normal business days and hours Monday through
Friday 9AM to 4PM fees are $25.00. If
payments and/or service is made, or requested after 4PM, nights and weekends
Service fees are $50.00
19. ELECTRONIC SUB METERING: NOT APPLICABLE If the use
of electricity to the Premises is sub metered, there is attached hereto,
incorporated herein, and made a part hereof, an "Electric Sub metering
Addendum" on which is set forth:
20. AMENDMENTS: The Agreement, along with the Security Deposit
Agreement, the Application for Lease, and the Park Rules and Regulations,
constitutes the entire agreement between the parties; Lessee certifies that no
other representations, either written or oral, were made by Lessor or relied on
by Lessee as an inducement for the execution of, or as consideration for, this
Agreement. Lessee acknowledges receipt
of a copy of each of these documents and agrees that such shall be modified or
amended except as may hereafter expressly be set forth in writing and executed
by the parties or except as may otherwise be provided herein.
21. TERMINATION: Tenant's right to occupancy shall terminate
or may be terminated as follows: (a) at
the end of the term of this Agreement on thirty (30) days' written notice by
either Lessee or Lessor, (b) at any time Lessee shall be in default on or in
breach of any provision of this Agreement (or the other documents incorporated
herein and made a part hereof by reference) upon three (3) days' written notice
of such breach or default given by Lessor, (c) in accordance with the terms and
provisions hereof relating to eminent domain, (d) in accordance with the terms
and provisions hereof relating to release of Lessee, or (e) at such other time
as may be agreed to by the parties hereto in writing. When tenant's right of occupancy is
terminated, Lessee shall pay all rental or other sums due or owed to Lessor and
shall peacefully surrender possession of the Premises and remove all Lessee's
property pursuant to this Agreement; failure to do so shall be deemed a breach
of this Agreement.
22. ATTORNEY'S FEES: Should either Lessee or Lessor be required to
employ legal counsel to enforce the terms, conditions and covenants of this
Agreement, the prevailing party shall recover all reasonable attorneys' fees
incurred therein.
23. MISCELLANEOUS: This Agreement shall be governed by the laws
of the State of
24. HEATING & COOLING FILTERS: will be changed monthly. When Lessor performs
this service a $25.00 + material charge is added to your rent. Upon receipt
of a store invoice for a filter(s) the $25.00 charge well be waived and credit
equal to the filter cost will applied per section 2 of this agreement.
Deviations or non-performance to the aforementioned will result in deposit
deductions or additional charges to your account.
THE SIZE OF YOUR A/C FILTER IS: 2-16x20
25. SMOKE DETECTORS: Are provided to you, in good working
condition, located close to the bedroom[s]. A minimum of [2] are within
your unit. New batteries are installed, by Lessee, at move-in. Lessee
will test these monthly and replace batteries or call for service as
needed. Missing or damaged detectors, and battery replacement charges,
may be deducted from your security deposit balances. Lessee must not disconnect
or intentionally damage a smoke detector or remove the battery without
immediately replacing it with a working battery and that the tenant may be
subject to damages, civil penalties, and attorney's fees under Section 92.2611
of the Property Code for not complying.
26. FIRE
EXTINGUISHER(S): Are provided to
you, in working condition. It is located
close to the Kitchen. Lessee accepts responsibility to review gauge on
extinguisher and notify Lessor as needed.
A missing, or discharged fire extinguisher charge WILL be deducted from
any deposit balances at move-out.
27. SPECIAL PROVISIONS: See
Attached Special Provisions.
EXECUTED
on the date herein above written. READ
THIS AGREEMENT IN ITS ENTIRETY BEFORE SIGNING.
__________________________________________________ B&H Mobile Homes, Inc
(Signature)
Lessor
__________________________________________________ By:_______________________________________________
(Print name)
(Signature)
_________________________________________________ __________________________________________________
(Signature)
(Print name)
_________________________________________________ __________________________________________________
(Print
name)
(Title)
LeaseXP.doc