Preview
PETITION: EVICTION CASE
fo :i Ee
wo Noe D
Case No. (Court use only) d- EVoi-10 [] With suit for Rent
In the Justice Court, Precingé 2)Galvestign sents Pexas
Plaintiff Ya
(Landlord/Property Name) Rental Subsidy (if any) 78,
$ es °° T
vs Tenant's Portion
eo
Defendant(sEoranyi Wonoz # Total Monthly Rent
all ole ov uth a named above for eviction of plaintiff's premises (including
or ¥1
storerooms and parking areas) located in the above precinct. Address of the property is:
Nef +reknior 4 20S 1 MED ___409- 359-2887
Street Address initNo. (ifany) City State Phone Number Zip
1. SERVICE OF CITATION: Service is requested on defendant(s) by personalservice at home or work or by alternative service as
allowed by the Texas Justice Court Rules of Court. Other addresses where the defendant(s) may be served are:
2. (0 UNPAID RENT AS GROUNDS FOR EVICTION: Defendant(s) failed to pay rent for the following time period(s):
. TOTAL DELINQUENT RENT AS OF DATE OF FILING Is: $.
the date of trial
Plaintiff reserves the rightto orally amend the amount at trial to include rent due from the date of filing through
COTHER GROUNDS FOR EVICTION/LEASE VIOLATIONS: Lease Violations (if other than non-paid rent - list lease violations)
7s AS GROUNDS FOR EVICTION: Defendant(s) are un!
|OLDOVER lly
Aer day of ‘Cecer
holding over since they failed to vacate at the end of
reek
e rental term or renewal of extension period, which was the 20.
NOTICE TO VACATE: Plaintiff has given defendant(s) a written notice to vacal 24.005 of the Texas
‘na uno
for possession. Such notice liver gn and delivered by this
Property le)and di
method:
Sy
address, and
ATTORNEY'S FEES: Plaintiff 0 will be or 1 will NOT be seeking applicable attorney's fees. Attorney's name,
phone & fax numbers are:
amount of plaintiff's bond
COBOND FOR POSSESSION: If Plaintiff has filed a bond for possession, plaintiff requests (1) that the
by the Court, and (3) that proper notices as required
and defendant's counter bond be set, (2) that plaintiff's bond be approved
by the Texas Justice Court Rules are given to Defendant(s).
have judgment against
REQUEST FOR JUDGMENT: PI: laintiff prays that defendant(s) be served with citation and that plaintiff
defendant(s) for: possession of premises, including removal of defe ndant(s) and defendant(s)'s possession
from the premises,
set forth above, attorney's fees, court costs, and interest on the above sums at th e rate stated in the rental
unpaid rent IF
5069-1.05.
Ok@
contract, or if not so stated, at the statutory rate for judgments under Civil statutes Article
ww for the answer and any other motions or pleadings
sopra
sent fo my email address which is:.
a
pice x cow
pe OvaZip A
DEFENDANT(S) INFORMATION (if known):
_fiddgess of Pl ins
Date of Birth: -J- 1983
Ci State
*Last 3 #’s of D.L. - ~ S|
*Last 3 #'s of Social Security: COO]
Phone & Fax No. of Plaintiff (Landlord /Property Owner) or Agent
Court/Notary use only
Repenlge ma
wr
13d
Sworn to and subscribed before me this 4 day of
NON Qe
10:0] KY 1~ 930 £282 Clerk of the Justice Courtiar Notarv
gaia
contact the court to obtain your court date.
Notice: If this paperwork is mailed to the court it is your responsibility to
we
une Nt Ie DEH Ry OF BOGE
TO VBC MG RVI Loe
PER PROPERTY CODE §24.005
On Unsert Date of Delivery
of Notice), | served the NOTICE(s) described herein to the following Resident(s):
2.
. “Bondi Wunoe 4.
5. 6.
Notice delivered (check one):
Ci Notice to vacate - Non-payment of Rent, Utilities or Other Sums
‘Notice to vacate - Non-Delinquency Breach of Lease or Unauthorized Holdover
‘Notice to vacate - Employment Termination
‘The Notice(s) set forth above were served by (check one):
$% PERSONAL DELIVERY:
1 HAND DELIVERED a copy of the NOTICE(s) to the following Resident(s) (Insert Name of the Person(s) that you left the Notice With Who Is A
Resident and At Least 16 years old):
2.
Brandy Munoz
2 FIRST GLASS MAIL; CERTIFIED MAIL, RETURN RECEIPT REQUESTED; OR REGISTERED MAIL
(© POSTED ON THE INSIDE OF THE DWELLING'S MAIN ENTRY DOOR
(1 SUBSTITUTED SERVICE BY POSTING NOTICE & MAILING:
| posted copies of the NOTICE(s) on the outside of the dwelling's main entry door because (1) the dwelling has no mailbox and a keyless bolting
personal
device, alarm system or dangerous animal prevents entry, or (2) the owner reasonably believes harm to a person would result from
envelope
delivery. After | posted the Notice, ‘on the same date, | also MAILED copies of the NOTICE(s) to the Resident(s) by depositing a sealed
in the United States Mail, addressed to the Resident(s) at the premises.
PrvedNare
Daa
\W-ak- 284
blows
PEN AS APAIIMEN TD WSSOCLCTION
This Lease is valid only if filled out before January 1, 2024.
Apartment Lease Contract
a This is a binding contract. Read carefully before signing.
This Lease Contract (“Lease”) is between you, the resident(s) as listed below and us. The terms “you” and “your” refer to all residents.
The terms “we,” “us,” and “our” refer to the owner listed below.
PARTIES
Residents Brandi Munoz Owner Palmer House Apartments
Occupants Benivamonde,
Natalie Jena __
Ramirez, Jack Ramirez
LEASE DETAILS
A. Apartment (Par. 2)
Street Address: 2405 Palmer Highway
Apartment No. 1 City: Texas City State: TX Zip: 77590
8. Initial Lease Term. Begins:__ 10/21/2022 Ends at 11:59 p.m. on: 10/31/2023
C. Monthly
Base Rent (Par. 3) E. Security Deposit (Par. 5) F. Notice of Termination or Intent to Move Out (Par. 4)
$ 1195.00 $ 500.00 Aminimumof 0. days’ written notice of
termination or intent to move out required at end of initial Lease
term or during renewal period
Note that this amount does not
D.Prorated Rent include any Animal Deposit, which if the number of days isn’t filled in, notice of at least 30 days
§ 424.1
424.00 ‘be reflected
in an Animal isrequired.
Addendum.
1 due for the remainderof Ist
month or
for 2nd month
G. Late Fees (Par. 3.3)
Initial Late Fee Daily Late Fee
® __10 __%of one month's monthly base rent or o % of one month's monthly base rent for daysor
Os 119.50 os
|
for____ days
Ove if rent unpaidby 11:59 p.m. on the 3rd. rd or greater) day
of the month
H. Returned
Check or Rejected J, Optional Early Termination
Fee (Par. 7.2) K. Animal (Par. 12.2)
Payment
Fee (Par. 3.4) $
Initial charge of 100.00 per animal
(not
5 40.00 Notice of daysis required. to exceed $100 per animal) and
You are not eligible for early terminationif
|. Reletting Charge (Par. 7.1) youare’
Adaily charge of $ 10.00
(not to exceed $10 per day per animal)
peranimal |
Areletting charge of § 836. 50 Fee must be paid no later than
you give us notice
(not to exceed 85% of the highest
‘monthly Rent during the Lease term) if values are blank or “0,” then this section does
‘may be charged in certain default ‘not apply.
situations
L. Additional Rent - Monthly Recurring Fixed Charges. You will pay separately for these items as outlined below and/or in separate addenda,
‘Special Provisions or an amendment to this Lease.
Animal rent Cable/satellite 5 a __ Trash service $
Internet Package service $ Pest control $
Storage $ Stormwater/drainage $ Manes $
Other:
Other: s
Other: s
Other: $
Yo M. Utilities and Other Variable Charges. You will pay separatelyfor gas, water, wastewater, electricity, trash/recycling, utility billing fees and other
items as outlined in separate addenda, Special Provisions or an amendment to this Lease.
Utility Connection Charge or Transfer Fee: § (not to exceed $50) to be paid within 5 days of written notice (Par. 3.5)
Wh | Special Provisions. See Par. 32 or additional addenda attached. The Lease cannot be changed unless in writing and signed by you and us. |
‘Apartment Lease Contract ©2022. Texas Apartment Association, Inc Page 1of6
esac oo i a Automatic Lease Renewal and Notice of Termination. This Lease
1 Definitions. The following terms are commonly used in this Lease: will automatically renew month-to-month unless either party gives
written notice of termination or intent to move out as required by Par.
1. “Residents” are those listed in “Residents” above
who sign 25 and specified on page 1. Ifthe number of days isn’t filled in, no-
the Lease and are authorized to liven the apartment. tice of at least 30 days is
12. ‘are those listed in this Lease who are also autho- Security Deposit. The total security deposit for all residents is due
rized to live in the apartment, but who do not sign the Lease. onor before the date this Lease is signed. Any animal deposit will be
12 “Owner” may be identified by an assumed name and is the designated in an animal addendum. Security deposits may not be ap-
‘owner only and not property managers or anyone else. plied to Rent without our prior written consent.
1A. “including” in this Lease means “including but not limited to: Su. Refunds and Deductions. You must give us your advance
15. Policies” are the written: rules and
including property
propert signage and instructionsfor address in writing to receive a written description and.
care of our property and amenities, with which you, your In accordance
with our
occupants,
and your guests must comply. Policies
and as allowed by law, we may deduct
1.6. “Rent” is monthly base rent plus additional monthly from your security deposit any amounts due under’
recurring fied
Apartment. You are leasing the apartment listed above for use as a Upon receipt of
your move-out date and forwarding address in writing,the
24. ‘Access. In accordance with our Community Policies, you'll security deposit will be returned (less lawful deductions)
receive access information or devices for your apartment with an itemized accounting of any deductions, no later than
and mailbox, and other access devices including. 30 days after surrender or abandonment, unless laws provide
otherwise. Any refund may be by one payment jointly payable
toall residents and distributed ta any one resident we.
2.2. Measurements. Any dimensions and sizes provided to you or distributed equally among all residents.
relating to the apartment are only approximationsor Insurance. Our insurance doesn’t cover the loss of or damage to
estimates; actual dimensions and sizes may vary. your | property. You will be required to have liability insur
23. You agree that designations
or accredi- ance as specified in our Community Policies or Lease addenda un-
tations associated with the property are subject to change. less otherwise prohibited by law. If you have insurance covering the
apartment or your personal belongings atthe time you or we suffer
Rent. You must pay your Rent on or before the Ist day of each orallege a loss, you agree to require your insurance carrierto waive
month (due date) without demand. There are no exceptions any insurance subrogation rights. Even if not required, we urge you
the payment of Rent, and you agree not paying Rent on to obtain your own insurance for losses due to theft, ie, flood, water,
or before the Ist of each month is a material breach of this Lease. pipe leaks and similar occurrences. Most renter’s insurance policies
34. Payments. You will pay your Rent by any method, manner don’t cover losses due to a flood.
and place we specify in accordance with our Community and Earty Lease Termination. This Lease may not be ter-
Policies. Cash is not acceptable without our prior written minated early except as provided in this Lease.
You cannot withhold or offset Rent unless 74. Reletting Charge. You'llbe liable for a reletting charge as
authorized by law. We may, at our option, require at any listedin Lease Details, (not to exceed
85% of the highest
time that you pay Rent and other sums due in one single monthly
Rent during the Lease term) if you: (A) fail to move in,
payment by any method
we specify. fail to give written move-out notice as required in Par. 25;
3.2. ‘of Payments. Payment of each sum due isan (8) move out without paying Rentin full for the entire Lease
independent covenant,
which means payments are due term or renewal period: (C) move out at our demand because
regardless of our performance. Whenwe receive money, 'your default; or (0) are judicially evicted. The reletting
other than water and wastewater payments subject to charge isnot a termination, cancellation or buyout fee and
government regulation, we may apply it at our option and does not release you from your obligations under this Lease,
without notice firstto any of your unpaid obligations, then including liability for future or past-due Rent, chargesfor
to accrued rent. We may do so regardless of notations on damages or other sums due
checks or money orders and regardless of when the The reletting chargeis liquidated amount covering only
obligations arose. All sums other than Rent and late fees are part of our damages—for our time, effort, and expensein
due upon our demand. After the due date, we do not have finding and processing a replacement resident. These
to acceptany payments. damages are uncertain and hard to ascertain—particularly
33. Late Fees. if we don't receive your monthly base rent in full those relating to inconvenience, paperwork,
when it’s due, you must pay late fees as outlined in Lease Details. showing apartments, utilities for showing, checking pros-
34, Fee. You'll pay the fee listed in Lease pects, overhead, marketing costs, and locator-service fees.
Details for each returned check or rejected electronic You agree that the reletting charge is a reasonable estimate
payment, plus initial and daily late fees if applicable, until of our damages and that the charge is due whether or not our
‘we receive full payment in an acceptable reletting attempts succeed.
35. Utilities and Services. You'll pay for all utilities and services, 72. Early Lease Termination Procedures. (n addition to your
related deposits, and any charges or fees when they are due termination rights referred to in 73 oF 8.1 below, ifthis provision
and as outlined in this Lease. Television channels that are applies under Lease Details, you may terminate the Lease
provided may be changed during the Lease teem if the prior to the end of the Lease term if all of the following
change applies to all residents. ‘occur: (a) as outlined in Lease Details, you give us written
If your electricity
is interrupted, you must use only battery noticeof termination, pay the early termination fee and
operated lighting (no flames). You must not allow any specify the date by which you'll move out; (b) you are not in
utilities (other than cable or Internet) to be cut off or default at any time and do not hold over; and (c) you repay all
switched for any reason—induding disconnection for not rent concessions, credits or discounts you received during the
bills—until the Lease term or renewal period Lease term. If you are in default, the Lease remedies apply.
ends. Ifa utility is individually metered, it must be connected 73. ‘Special Termination Rights. You may have the right under
In your name and you must notify the provider of your move- Texas law to terminate the Lease early in certain situations
out date. if you delay getting service turned on in your name involving military deployment
or transfer, family violence,
by the Lease’s start date or cause it to be transferred back into sexual offenses, stalking or death of a sole resident.
‘our name before you surrender or abandon the apartment, Delay
of Occupancy. We are not responsible for any delay of your
youllbe lable forthe charge sted above (not to exceed $50 ‘occupancy
caused by construction, repairs, cleaning, or a previous
pper billing period), plus the actual or estimated cost of the resident's holding over. This Lease will remain in force subject to
utilities used while the utility should have been billed to you. (1) abatement of Rent on a daily basis during delay, and (2) your right
if your apartment
is individually metered
and you change to terminate the Lease in writing as set forth below. Rent abatement
your retail electric provider, you must give us written notice. and Lease termination do not apply if the delay is for cleaning or re-
‘You must pay all applicable provider fees, includingany fees pairs that don't prevent you from moving into the apartment.
to change service back into our name after you move out. a. Termination. if we give written notice to you of a delay in
3.6. Lease’ Lease changes are only allowed during the ‘occupancy when or after the Lease begins, you may termi-
~ Lease term or renewal if governed by Par. 10, specified nate the Lease within 3 days after you receive written notice.
ln Special Provisions in Par. 32, or by a written addendumor If we give you written notice before the date the Lease begins
amendment signed by you and us. At or after the end of the and the notice states that a construction or other delay is
initial Lease’ Rent increases effective with at
least S days plus the number of days’ advance notice contained expected and that the apartment will be ready for you to
Seerempege writing from us to you. Your new Lease, occupy on a specific date, you may terminate the Lease within
7 days after receiving written notice.
aM
Incrensed ert orLasse changes, wlbegin
orthedtestieinanyogancrotce me poe et After proper termination, you are entitied only to refund of
unless give us written move-out any deposit(s)
and any Rent you paid.
notice cde Par 25 which appvesonly tothe end ofthe current
Lease term or renewal period.
‘Apartment Lease Contract ©2022, Texas Apartment Association. Inc Page
2 0f6
9. Care of Unit and Damages. You must promptly pay or reimburse (0) disturbing
or threatening the rights, comfort, health, safety,
Us for loss, damage, consequential damages, government finesor of ‘others,
oF convenience others, including us, our agents, or our
charges, or cost of repairs or service in the apartment community representatives;
becauseof a Lease or Community Policies violation; improper use, (2) disrupting our business operations;
negligence, or other conduct by you, your invitees, your occupants,
‘or your guests; or, as allowed by law, any other cause not dueto our {e)_ storing anything in closets containing water heaters or
negligence or fault, except for damages by acts of God to the extent gas appliances:
they couldn't be mitigated by your action or inaction. () tampering with utilities or telecommunication
Unless damage or wastewater stoppage is due to ournegligence, equipment;
we're not liable for—and you must pay for—repairs and replace- (g) bringing hazardous materials into the apartment
‘ments occurring during the Lease term or renewal period, includ- community;
ing: (A) damage from wastewater stoppages caused by improper
objects inlines: ‘serving your apartment;
(B) damage to {h) using windows for entry or exit,
doors, windows, or screens;
and (C) damage from windows
or doors (i) heating the apartment with gas-operated appliances;
leftopen.
()_ making bad-faith or false allegations against us or our
agents to others;
10. Community Policies. Community Policies become part of the (k)_ smoking of any kind, that is not in accordance with our
Lease and must be followed. We may make changes, including addi Community Policies
or Lease addenda;
tions, to our written Community Policies,
and thase changes can be-
come effective immediately if the Community Policies are distributed (using glass containers in or near pools; or
and applicable to all units in the apartment community
and do not (m) conducting any kind of business (including child-care
change the dollar amounts in Lease Details. services) in your apartment or in the apartment
10.1 Photo/Video Release. You give us permission to use any community—except for any lawful business
photograph, likeness,
image or video taken of you while conducted “at home” by computer, mail, or telephone if,
you are using property common areas or participating in customers, clients, patients, employees or other
any event sponsored by us. business associates do not come to your apartment
10.2, Disclosure
of information. At our sole option, we may,
for business purposes.
but are not obligated to, share and use information related 12. Animals. No living creatures of any kind are allowed, even tempo-
to this Lease for law-enforcement, governmental, or business rarily, anywhere in the apartment or apartment community un
Purposes. At our request, you authorize any utility providerto Jess we've given written permission. If we allow an animal, you must
give us information about pending or actual connectionsor sign a separate Animal Addendum and, except as set forth in the ad
disconnections of utility service to your apartment. dendum, pay an animal deposit and applicable fees and additional
10.3. Guests. We may exclude from the apartment community ‘monthly rent, as applicable. An animal deposit is considered
a gener
any guests of others who, in our sole judgment, have been al security deposit. You represent that any requests, statements and
violating the law, violating this Lease or our Community fepresentations you make, including those for an assistance or sup:
Policies, or disturbing other residents, neighbors, visitors, port animal, are true, accurate and made in good faith. Feeding stray,
‘or owner representatives. We may also exclude from any feral or wild animals is a breach of this Lease.
‘outside area or common area anyone who refuses to show 12.4, Removal of Unauthorized Animal. We may removean
photo identification or refuses to identify himselfor unauthorized animal by (1) leaving, in a conspicuous
herself as aresident, an authorized occupant, ora quest of place in the apartment, a written notice of our intent to
a specific resident in the community. remove the animal within 24 hours; and (2) following the
Anyone not listed in this Lease cannot stay in the procedures of Par. 14. We may: keep or kennel the animal,
‘apartment for more than turn the animal over to a humane society, local authority
days in one week oF rescue organization; or return the animal to you if
without our prior written consent, and no more than twice ‘we consent to your request to keep the animal and you
that many days in any one month. f the previous space have completed and signed an Animal Addendum and
isn't filed in, 2 days total per week will be the limit. paid all fees. When keeping or kenneling an animal, we
104, Notice of Convictions and Registration. You must won't be liable for loss, harm, sickness,
or death of the
‘notify us within 15 days
if you or any of your occupants: animal unless due to our negligence. You must pay for
(A)are convicted
of any felony, (8) are convicted
of any the animal's reasonable care and kenneling charges.
misdemeanor involving a controlled substance, violence to 12.2. Violations of Animal Policies and Charges. If youor
another person, or destruction of property, or (C) register as a any guest or occupant violates the animal restrictions of
sex offender. informing us of a criminal conviction or this Lease or our Community Policies, you'll be subject to
sexcoffender registration doesn’t waive any rights we may ‘charges, damages, eviction, and other remedies
have against you. provided in this Lease, including animal violation charges
10.5, Odors
and Noise. You agree that odors, smoke and listed in Lease Details from the date the animal was
smells including those related to cooking and everyday brought into your apartment
unti it is removed. If an
noises or sounds ate all a normal part of a multifamily animal has been in the apartment at any time during
living environment and that itis impractical for us to your term of occupancy (with or without our consent),
Prevent them from penetrating your apartment. we'll charge you for all cleaning and repair costs,
uu Conduct. You agree to communicate and conduct yourself in a law- including defleaing, deodorizing, and shampooing. Initial
ful, courteous and reasonable manner at all times when interacting and daily animal-violation charges and animal-removal
with us, our representatives and other residents or occupants. Any charges are liquidated damages for our time,
acts of unlawful, discourteous or unreasonable communication or inconvenience anc overhead in enforcing aria
conduct by you, your occupants or guests is a breachof this Lease. restrictions and Community
‘You must use customary diligence in maintaining the apartment, 2B. Parking. You may not be guaranteed parking, We may regulatethe
keeping it in a sanitary condition and not damaging or littering the time, manner, and place of parking of all motorized vehicles and
‘common areas. Trash must be disposed of at least weekly. You will ‘other modes of transportation, including bicycles and scooters, in
use your apartment and all other areas, including any balconies, with ‘our Community Policies. In addition to other rights we have to tow or
reasonable care. We may regulate the use of passageways, patios, boot vehicles under state law, we also have the right to remove, at the
balconies, porches, and activities in common areas. expense of the vehicle owner or operator any vehicle that is not in
compliance with our Community Policies.
ma. Prohibited Conduct. You, your occupants, and your quests “4. When We May Enter. f you o any ther resident, quest or occupant
will not engage in certain prohibited conduct, including the 1s present, then repairor service persons, contractors, law officers,
following activities: ‘government representatives, lenders, appraisers, prospective resi
2) criminal conduct; manufacturing, delivering, or dents or buyers, insurance agents, persons authorized to enter under
possessing a controlled substance or drug parapher- your rental application, or our representatives may peacefully enter
‘nalia; engaging in or threatening violence; possessing the apartment at reasonable times for reasonable business purposes.
a weapon prohibited by state law; discharging a firearm If nobodyis in the apartment, then any such person may enter peace-
in the apartment community; of, except when fully and at reasonable times (by breaking a window or other means
allowed by law, displaying
or possessing a gun, knife, when necessary) for reasonable business purposes if written notice of
or other weapon in the common area, or in a way that the entry is left in a conspicuous place in the apartment immediately
on"
may alarm others; after the entry. We are under no obligation to enter only when you
(b) behaving in a loud, obnoxious
or dangerous manner; are present, and we may, but are not obligated to, give prior notice or
make appointments.
‘Apartment Lease Contract ©2022, Texas Apartment Association Inc Page3ote
15, Requests, Repairs and Malfunctions. Texas Property Code secs. 92.151, 92.153, and 92.154 require, with
15.1. Written Requests Required. Ifyou or any occupant
needs ‘exceptions, that we provide at no cost to you when occupancy
tosendarequest—for example, for repairs, installations, begins: (A) a window latch on each window; (8) a doorviewer |
orsecurity-related matters— hole or window) on each exterior door; (C) apin lock on each sliding
it must be written and delivered to our designated door; (D) either a door-handle latch or a security bar on each sliding
‘in accordance with our Community Policies door; (E) a keyless bolting device (deadbolt) on each exterior door;
(except for fair-housing accommodation or modification and (F) either a keyed doorknob lock or a keyed deadbolt lock on
requestsor situations involving imminent danger or threats to one entry doo
Preview
PETITION: EVICTION CASE fo :i Ee wo Noe D Case No. (Court use only) d- EVoi-10 [] With suit for Rent In the Justice Court, Precingé 2)Galvestign sents Pexas Plaintiff Ya (Landlord/Property Name) Rental Subsidy (if any) 78, $ es °° T vs Tenant's Portion eo Defendant(sEoranyi Wonoz # Total Monthly Rent all ole ov uth a named above for eviction of plaintiff's premises (including or ¥1 storerooms and parking areas) located in the above precinct. Address of the property is: Nef +reknior 4 20S 1 MED ___409- 359-2887 Street Address initNo. (ifany) City State Phone Number Zip 1. SERVICE OF CITATION: Service is requested on defendant(s) by personalservice at home or work or by alternative service as allowed by the Texas Justice Court Rules of Court. Other addresses where the defendant(s) may be served are: 2. (0 UNPAID RENT AS GROUNDS FOR EVICTION: Defendant(s) failed to pay rent for the following time period(s): . TOTAL DELINQUENT RENT AS OF DATE OF FILING Is: $. the date of trial Plaintiff reserves the rightto orally amend the amount at trial to include rent due from the date of filing through COTHER GROUNDS FOR EVICTION/LEASE VIOLATIONS: Lease Violations (if other than non-paid rent - list lease violations) 7s AS GROUNDS FOR EVICTION: Defendant(s) are un! |OLDOVER lly Aer day of ‘Cecer holding over since they failed to vacate at the end of reek e rental term or renewal of extension period, which was the 20. NOTICE TO VACATE: Plaintiff has given defendant(s) a written notice to vacal 24.005 of the Texas ‘na uno for possession. Such notice liver gn and delivered by this Property le)and di method: Sy address, and ATTORNEY'S FEES: Plaintiff 0 will be or 1 will NOT be seeking applicable attorney's fees. Attorney's name, phone & fax numbers are: amount of plaintiff's bond COBOND FOR POSSESSION: If Plaintiff has filed a bond for possession, plaintiff requests (1) that the by the Court, and (3) that proper notices as required and defendant's counter bond be set, (2) that plaintiff's bond be approved by the Texas Justice Court Rules are given to Defendant(s). have judgment against REQUEST FOR JUDGMENT: PI: laintiff prays that defendant(s) be served with citation and that plaintiff defendant(s) for: possession of premises, including removal of defe ndant(s) and defendant(s)'s possession from the premises, set forth above, attorney's fees, court costs, and interest on the above sums at th e rate stated in the rental unpaid rent IF 5069-1.05. Ok@ contract, or if not so stated, at the statutory rate for judgments under Civil statutes Article ww for the answer and any other motions or pleadings sopra sent fo my email address which is:. a pice x cow pe OvaZip A DEFENDANT(S) INFORMATION (if known): _fiddgess of Pl ins Date of Birth: -J- 1983 Ci State *Last 3 #’s of D.L. - ~ S| *Last 3 #'s of Social Security: COO] Phone & Fax No. of Plaintiff (Landlord /Property Owner) or Agent Court/Notary use only Repenlge ma wr 13d Sworn to and subscribed before me this 4 day of NON Qe 10:0] KY 1~ 930 £282 Clerk of the Justice Courtiar Notarv gaia contact the court to obtain your court date. Notice: If this paperwork is mailed to the court it is your responsibility to we une Nt Ie DEH Ry OF BOGE TO VBC MG RVI Loe PER PROPERTY CODE §24.005 On Unsert Date of Delivery of Notice), | served the NOTICE(s) described herein to the following Resident(s): 2. . “Bondi Wunoe 4. 5. 6. Notice delivered (check one): Ci Notice to vacate - Non-payment of Rent, Utilities or Other Sums ‘Notice to vacate - Non-Delinquency Breach of Lease or Unauthorized Holdover ‘Notice to vacate - Employment Termination ‘The Notice(s) set forth above were served by (check one): $% PERSONAL DELIVERY: 1 HAND DELIVERED a copy of the NOTICE(s) to the following Resident(s) (Insert Name of the Person(s) that you left the Notice With Who Is A Resident and At Least 16 years old): 2. Brandy Munoz 2 FIRST GLASS MAIL; CERTIFIED MAIL, RETURN RECEIPT REQUESTED; OR REGISTERED MAIL (© POSTED ON THE INSIDE OF THE DWELLING'S MAIN ENTRY DOOR (1 SUBSTITUTED SERVICE BY POSTING NOTICE & MAILING: | posted copies of the NOTICE(s) on the outside of the dwelling's main entry door because (1) the dwelling has no mailbox and a keyless bolting personal device, alarm system or dangerous animal prevents entry, or (2) the owner reasonably believes harm to a person would result from envelope delivery. After | posted the Notice, ‘on the same date, | also MAILED copies of the NOTICE(s) to the Resident(s) by depositing a sealed in the United States Mail, addressed to the Resident(s) at the premises. PrvedNare Daa \W-ak- 284 blows PEN AS APAIIMEN TD WSSOCLCTION This Lease is valid only if filled out before January 1, 2024. Apartment Lease Contract a This is a binding contract. Read carefully before signing. This Lease Contract (“Lease”) is between you, the resident(s) as listed below and us. The terms “you” and “your” refer to all residents. The terms “we,” “us,” and “our” refer to the owner listed below. PARTIES Residents Brandi Munoz Owner Palmer House Apartments Occupants Benivamonde, Natalie Jena __ Ramirez, Jack Ramirez LEASE DETAILS A. Apartment (Par. 2) Street Address: 2405 Palmer Highway Apartment No. 1 City: Texas City State: TX Zip: 77590 8. Initial Lease Term. Begins:__ 10/21/2022 Ends at 11:59 p.m. on: 10/31/2023 C. Monthly Base Rent (Par. 3) E. Security Deposit (Par. 5) F. Notice of Termination or Intent to Move Out (Par. 4) $ 1195.00 $ 500.00 Aminimumof 0. days’ written notice of termination or intent to move out required at end of initial Lease term or during renewal period Note that this amount does not D.Prorated Rent include any Animal Deposit, which if the number of days isn’t filled in, notice of at least 30 days § 424.1 424.00 ‘be reflected in an Animal isrequired. Addendum. 1 due for the remainderof Ist month or for 2nd month G. Late Fees (Par. 3.3) Initial Late Fee Daily Late Fee ® __10 __%of one month's monthly base rent or o % of one month's monthly base rent for daysor Os 119.50 os | for____ days Ove if rent unpaidby 11:59 p.m. on the 3rd. rd or greater) day of the month H. Returned Check or Rejected J, Optional Early Termination Fee (Par. 7.2) K. Animal (Par. 12.2) Payment Fee (Par. 3.4) $ Initial charge of 100.00 per animal (not 5 40.00 Notice of daysis required. to exceed $100 per animal) and You are not eligible for early terminationif |. Reletting Charge (Par. 7.1) youare’ Adaily charge of $ 10.00 (not to exceed $10 per day per animal) peranimal | Areletting charge of § 836. 50 Fee must be paid no later than you give us notice (not to exceed 85% of the highest ‘monthly Rent during the Lease term) if values are blank or “0,” then this section does ‘may be charged in certain default ‘not apply. situations L. Additional Rent - Monthly Recurring Fixed Charges. You will pay separately for these items as outlined below and/or in separate addenda, ‘Special Provisions or an amendment to this Lease. Animal rent Cable/satellite 5 a __ Trash service $ Internet Package service $ Pest control $ Storage $ Stormwater/drainage $ Manes $ Other: Other: s Other: s Other: $ Yo M. Utilities and Other Variable Charges. You will pay separatelyfor gas, water, wastewater, electricity, trash/recycling, utility billing fees and other items as outlined in separate addenda, Special Provisions or an amendment to this Lease. Utility Connection Charge or Transfer Fee: § (not to exceed $50) to be paid within 5 days of written notice (Par. 3.5) Wh | Special Provisions. See Par. 32 or additional addenda attached. The Lease cannot be changed unless in writing and signed by you and us. | ‘Apartment Lease Contract ©2022. Texas Apartment Association, Inc Page 1of6 esac oo i a Automatic Lease Renewal and Notice of Termination. This Lease 1 Definitions. The following terms are commonly used in this Lease: will automatically renew month-to-month unless either party gives written notice of termination or intent to move out as required by Par. 1. “Residents” are those listed in “Residents” above who sign 25 and specified on page 1. Ifthe number of days isn’t filled in, no- the Lease and are authorized to liven the apartment. tice of at least 30 days is 12. ‘are those listed in this Lease who are also autho- Security Deposit. The total security deposit for all residents is due rized to live in the apartment, but who do not sign the Lease. onor before the date this Lease is signed. Any animal deposit will be 12 “Owner” may be identified by an assumed name and is the designated in an animal addendum. Security deposits may not be ap- ‘owner only and not property managers or anyone else. plied to Rent without our prior written consent. 1A. “including” in this Lease means “including but not limited to: Su. Refunds and Deductions. You must give us your advance 15. Policies” are the written: rules and including property propert signage and instructionsfor address in writing to receive a written description and. care of our property and amenities, with which you, your In accordance with our occupants, and your guests must comply. Policies and as allowed by law, we may deduct 1.6. “Rent” is monthly base rent plus additional monthly from your security deposit any amounts due under’ recurring fied Apartment. You are leasing the apartment listed above for use as a Upon receipt of your move-out date and forwarding address in writing,the 24. ‘Access. In accordance with our Community Policies, you'll security deposit will be returned (less lawful deductions) receive access information or devices for your apartment with an itemized accounting of any deductions, no later than and mailbox, and other access devices including. 30 days after surrender or abandonment, unless laws provide otherwise. Any refund may be by one payment jointly payable toall residents and distributed ta any one resident we. 2.2. Measurements. Any dimensions and sizes provided to you or distributed equally among all residents. relating to the apartment are only approximationsor Insurance. Our insurance doesn’t cover the loss of or damage to estimates; actual dimensions and sizes may vary. your | property. You will be required to have liability insur 23. You agree that designations or accredi- ance as specified in our Community Policies or Lease addenda un- tations associated with the property are subject to change. less otherwise prohibited by law. If you have insurance covering the apartment or your personal belongings atthe time you or we suffer Rent. You must pay your Rent on or before the Ist day of each orallege a loss, you agree to require your insurance carrierto waive month (due date) without demand. There are no exceptions any insurance subrogation rights. Even if not required, we urge you the payment of Rent, and you agree not paying Rent on to obtain your own insurance for losses due to theft, ie, flood, water, or before the Ist of each month is a material breach of this Lease. pipe leaks and similar occurrences. Most renter’s insurance policies 34. Payments. You will pay your Rent by any method, manner don’t cover losses due to a flood. and place we specify in accordance with our Community and Earty Lease Termination. This Lease may not be ter- Policies. Cash is not acceptable without our prior written minated early except as provided in this Lease. You cannot withhold or offset Rent unless 74. Reletting Charge. You'llbe liable for a reletting charge as authorized by law. We may, at our option, require at any listedin Lease Details, (not to exceed 85% of the highest time that you pay Rent and other sums due in one single monthly Rent during the Lease term) if you: (A) fail to move in, payment by any method we specify. fail to give written move-out notice as required in Par. 25; 3.2. ‘of Payments. Payment of each sum due isan (8) move out without paying Rentin full for the entire Lease independent covenant, which means payments are due term or renewal period: (C) move out at our demand because regardless of our performance. Whenwe receive money, 'your default; or (0) are judicially evicted. The reletting other than water and wastewater payments subject to charge isnot a termination, cancellation or buyout fee and government regulation, we may apply it at our option and does not release you from your obligations under this Lease, without notice firstto any of your unpaid obligations, then including liability for future or past-due Rent, chargesfor to accrued rent. We may do so regardless of notations on damages or other sums due checks or money orders and regardless of when the The reletting chargeis liquidated amount covering only obligations arose. All sums other than Rent and late fees are part of our damages—for our time, effort, and expensein due upon our demand. After the due date, we do not have finding and processing a replacement resident. These to acceptany payments. damages are uncertain and hard to ascertain—particularly 33. Late Fees. if we don't receive your monthly base rent in full those relating to inconvenience, paperwork, when it’s due, you must pay late fees as outlined in Lease Details. showing apartments, utilities for showing, checking pros- 34, Fee. You'll pay the fee listed in Lease pects, overhead, marketing costs, and locator-service fees. Details for each returned check or rejected electronic You agree that the reletting charge is a reasonable estimate payment, plus initial and daily late fees if applicable, until of our damages and that the charge is due whether or not our ‘we receive full payment in an acceptable reletting attempts succeed. 35. Utilities and Services. You'll pay for all utilities and services, 72. Early Lease Termination Procedures. (n addition to your related deposits, and any charges or fees when they are due termination rights referred to in 73 oF 8.1 below, ifthis provision and as outlined in this Lease. Television channels that are applies under Lease Details, you may terminate the Lease provided may be changed during the Lease teem if the prior to the end of the Lease term if all of the following change applies to all residents. ‘occur: (a) as outlined in Lease Details, you give us written If your electricity is interrupted, you must use only battery noticeof termination, pay the early termination fee and operated lighting (no flames). You must not allow any specify the date by which you'll move out; (b) you are not in utilities (other than cable or Internet) to be cut off or default at any time and do not hold over; and (c) you repay all switched for any reason—induding disconnection for not rent concessions, credits or discounts you received during the bills—until the Lease term or renewal period Lease term. If you are in default, the Lease remedies apply. ends. Ifa utility is individually metered, it must be connected 73. ‘Special Termination Rights. You may have the right under In your name and you must notify the provider of your move- Texas law to terminate the Lease early in certain situations out date. if you delay getting service turned on in your name involving military deployment or transfer, family violence, by the Lease’s start date or cause it to be transferred back into sexual offenses, stalking or death of a sole resident. ‘our name before you surrender or abandon the apartment, Delay of Occupancy. We are not responsible for any delay of your youllbe lable forthe charge sted above (not to exceed $50 ‘occupancy caused by construction, repairs, cleaning, or a previous pper billing period), plus the actual or estimated cost of the resident's holding over. This Lease will remain in force subject to utilities used while the utility should have been billed to you. (1) abatement of Rent on a daily basis during delay, and (2) your right if your apartment is individually metered and you change to terminate the Lease in writing as set forth below. Rent abatement your retail electric provider, you must give us written notice. and Lease termination do not apply if the delay is for cleaning or re- ‘You must pay all applicable provider fees, includingany fees pairs that don't prevent you from moving into the apartment. to change service back into our name after you move out. a. Termination. if we give written notice to you of a delay in 3.6. Lease’ Lease changes are only allowed during the ‘occupancy when or after the Lease begins, you may termi- ~ Lease term or renewal if governed by Par. 10, specified nate the Lease within 3 days after you receive written notice. ln Special Provisions in Par. 32, or by a written addendumor If we give you written notice before the date the Lease begins amendment signed by you and us. At or after the end of the and the notice states that a construction or other delay is initial Lease’ Rent increases effective with at least S days plus the number of days’ advance notice contained expected and that the apartment will be ready for you to Seerempege writing from us to you. Your new Lease, occupy on a specific date, you may terminate the Lease within 7 days after receiving written notice. aM Incrensed ert orLasse changes, wlbegin orthedtestieinanyogancrotce me poe et After proper termination, you are entitied only to refund of unless give us written move-out any deposit(s) and any Rent you paid. notice cde Par 25 which appvesonly tothe end ofthe current Lease term or renewal period. ‘Apartment Lease Contract ©2022, Texas Apartment Association. Inc Page 2 0f6 9. Care of Unit and Damages. You must promptly pay or reimburse (0) disturbing or threatening the rights, comfort, health, safety, Us for loss, damage, consequential damages, government finesor of ‘others, oF convenience others, including us, our agents, or our charges, or cost of repairs or service in the apartment community representatives; becauseof a Lease or Community Policies violation; improper use, (2) disrupting our business operations; negligence, or other conduct by you, your invitees, your occupants, ‘or your guests; or, as allowed by law, any other cause not dueto our {e)_ storing anything in closets containing water heaters or negligence or fault, except for damages by acts of God to the extent gas appliances: they couldn't be mitigated by your action or inaction. () tampering with utilities or telecommunication Unless damage or wastewater stoppage is due to ournegligence, equipment; we're not liable for—and you must pay for—repairs and replace- (g) bringing hazardous materials into the apartment ‘ments occurring during the Lease term or renewal period, includ- community; ing: (A) damage from wastewater stoppages caused by improper objects inlines: ‘serving your apartment; (B) damage to {h) using windows for entry or exit, doors, windows, or screens; and (C) damage from windows or doors (i) heating the apartment with gas-operated appliances; leftopen. ()_ making bad-faith or false allegations against us or our agents to others; 10. Community Policies. Community Policies become part of the (k)_ smoking of any kind, that is not in accordance with our Lease and must be followed. We may make changes, including addi Community Policies or Lease addenda; tions, to our written Community Policies, and thase changes can be- come effective immediately if the Community Policies are distributed (using glass containers in or near pools; or and applicable to all units in the apartment community and do not (m) conducting any kind of business (including child-care change the dollar amounts in Lease Details. services) in your apartment or in the apartment 10.1 Photo/Video Release. You give us permission to use any community—except for any lawful business photograph, likeness, image or video taken of you while conducted “at home” by computer, mail, or telephone if, you are using property common areas or participating in customers, clients, patients, employees or other any event sponsored by us. business associates do not come to your apartment 10.2, Disclosure of information. At our sole option, we may, for business purposes. but are not obligated to, share and use information related 12. Animals. No living creatures of any kind are allowed, even tempo- to this Lease for law-enforcement, governmental, or business rarily, anywhere in the apartment or apartment community un Purposes. At our request, you authorize any utility providerto Jess we've given written permission. If we allow an animal, you must give us information about pending or actual connectionsor sign a separate Animal Addendum and, except as set forth in the ad disconnections of utility service to your apartment. dendum, pay an animal deposit and applicable fees and additional 10.3. Guests. We may exclude from the apartment community ‘monthly rent, as applicable. An animal deposit is considered a gener any guests of others who, in our sole judgment, have been al security deposit. You represent that any requests, statements and violating the law, violating this Lease or our Community fepresentations you make, including those for an assistance or sup: Policies, or disturbing other residents, neighbors, visitors, port animal, are true, accurate and made in good faith. Feeding stray, ‘or owner representatives. We may also exclude from any feral or wild animals is a breach of this Lease. ‘outside area or common area anyone who refuses to show 12.4, Removal of Unauthorized Animal. We may removean photo identification or refuses to identify himselfor unauthorized animal by (1) leaving, in a conspicuous herself as aresident, an authorized occupant, ora quest of place in the apartment, a written notice of our intent to a specific resident in the community. remove the animal within 24 hours; and (2) following the Anyone not listed in this Lease cannot stay in the procedures of Par. 14. We may: keep or kennel the animal, ‘apartment for more than turn the animal over to a humane society, local authority days in one week oF rescue organization; or return the animal to you if without our prior written consent, and no more than twice ‘we consent to your request to keep the animal and you that many days in any one month. f the previous space have completed and signed an Animal Addendum and isn't filed in, 2 days total per week will be the limit. paid all fees. When keeping or kenneling an animal, we 104, Notice of Convictions and Registration. You must won't be liable for loss, harm, sickness, or death of the ‘notify us within 15 days if you or any of your occupants: animal unless due to our negligence. You must pay for (A)are convicted of any felony, (8) are convicted of any the animal's reasonable care and kenneling charges. misdemeanor involving a controlled substance, violence to 12.2. Violations of Animal Policies and Charges. If youor another person, or destruction of property, or (C) register as a any guest or occupant violates the animal restrictions of sex offender. informing us of a criminal conviction or this Lease or our Community Policies, you'll be subject to sexcoffender registration doesn’t waive any rights we may ‘charges, damages, eviction, and other remedies have against you. provided in this Lease, including animal violation charges 10.5, Odors and Noise. You agree that odors, smoke and listed in Lease Details from the date the animal was smells including those related to cooking and everyday brought into your apartment unti it is removed. If an noises or sounds ate all a normal part of a multifamily animal has been in the apartment at any time during living environment and that itis impractical for us to your term of occupancy (with or without our consent), Prevent them from penetrating your apartment. we'll charge you for all cleaning and repair costs, uu Conduct. You agree to communicate and conduct yourself in a law- including defleaing, deodorizing, and shampooing. Initial ful, courteous and reasonable manner at all times when interacting and daily animal-violation charges and animal-removal with us, our representatives and other residents or occupants. Any charges are liquidated damages for our time, acts of unlawful, discourteous or unreasonable communication or inconvenience anc overhead in enforcing aria conduct by you, your occupants or guests is a breachof this Lease. restrictions and Community ‘You must use customary diligence in maintaining the apartment, 2B. Parking. You may not be guaranteed parking, We may regulatethe keeping it in a sanitary condition and not damaging or littering the time, manner, and place of parking of all motorized vehicles and ‘common areas. Trash must be disposed of at least weekly. You will ‘other modes of transportation, including bicycles and scooters, in use your apartment and all other areas, including any balconies, with ‘our Community Policies. In addition to other rights we have to tow or reasonable care. We may regulate the use of passageways, patios, boot vehicles under state law, we also have the right to remove, at the balconies, porches, and activities in common areas. expense of the vehicle owner or operator any vehicle that is not in compliance with our Community Policies. ma. Prohibited Conduct. You, your occupants, and your quests “4. When We May Enter. f you o any ther resident, quest or occupant will not engage in certain prohibited conduct, including the 1s present, then repairor service persons, contractors, law officers, following activities: ‘government representatives, lenders, appraisers, prospective resi 2) criminal conduct; manufacturing, delivering, or dents or buyers, insurance agents, persons authorized to enter under possessing a controlled substance or drug parapher- your rental application, or our representatives may peacefully enter ‘nalia; engaging in or threatening violence; possessing the apartment at reasonable times for reasonable business purposes. a weapon prohibited by state law; discharging a firearm If nobodyis in the apartment, then any such person may enter peace- in the apartment community; of, except when fully and at reasonable times (by breaking a window or other means allowed by law, displaying or possessing a gun, knife, when necessary) for reasonable business purposes if written notice of or other weapon in the common area, or in a way that the entry is left in a conspicuous place in the apartment immediately on" may alarm others; after the entry. We are under no obligation to enter only when you (b) behaving in a loud, obnoxious or dangerous manner; are present, and we may, but are not obligated to, give prior notice or make appointments. ‘Apartment Lease Contract ©2022, Texas Apartment Association Inc Page3ote 15, Requests, Repairs and Malfunctions. Texas Property Code secs. 92.151, 92.153, and 92.154 require, with 15.1. Written Requests Required. Ifyou or any occupant needs ‘exceptions, that we provide at no cost to you when occupancy tosendarequest—for example, for repairs, installations, begins: (A) a window latch on each window; (8) a doorviewer | orsecurity-related matters— hole or window) on each exterior door; (C) apin lock on each sliding it must be written and delivered to our designated door; (D) either a door-handle latch or a security bar on each sliding ‘in accordance with our Community Policies door; (E) a keyless bolting device (deadbolt) on each exterior door; (except for fair-housing accommodation or modification and (F) either a keyed doorknob lock or a keyed deadbolt lock on requestsor situations involving imminent danger or threats to one entry doo