Manufactured Home Lease

8/4/2019 Manufactured Home Lease

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Community: Country Villa Mobile Home & RV ParkSpace No.: _______ Street Address: _________________________

MANUFACTURED-HOME COMMUNITY LEASE AGREEMENT

Notice to Tenant: Chapter 94 of the Texas Property Code governs certain rights granted to a manufactured-home community tenant and obligations imposed on a manufactured-home community landlord by law.

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This Lease Agreement (Agreement) is entered into between Roger & Glinda Pritchett(Landlord) and ____________________________ (Tenant(s)) on this ______day of_____________, 20____.

Landlord hereby leases to Tenant and Tenant hereby leases from Landlord themanufactured home space numbered (Space No.)_______ , (Block No.)_______,(Premises) in the Manufactured Home Community Country Villa Mobile Home &RV Park, Premises in the City of Aransas Pass, County of San Patricio, Texas, a Street

Address of 3780 FM 1069.

1. Term: The primary term of the Agreement shall commence on the __________ dayof_________________________, 20____, and shall end at 5 p.m. on the same day of thesixth calendar month thereafter; provided however, at the Tenants sole option, if Tenant(s) place their initial in this blank ____ _____, then the primary term of this Lease shallcommence on the date recited above and shall end at 5 p.m. on the _______ day of______________________, 20 ____. Upon expiration of this primary term, thisAgreement shall automatically renew month-to-month unless either party gives writtennotice of termination at least 60 days before the Lease Contract term (or a future term)renewal period ends, or unless all parties sign another Lease Contract.

2. Rent: Monthly Rent: Tenant will pay Landlord monthly rent in the amount of$______________ for each full month during this lease. The first full months rent is dueand payable not later than ____________________. Thereafter, Tenant will pay themonthly rent so that Landlord receives the monthly rent on or before the first day of eachmonth during this lease. Weekends, holidays, and mail delays do not excuse Tenantsobligation to timely pay rent.Prorated Rent: On or before ________________________ Tenant will pay Landlord$_________________ as prorated rent from the Commencement Date through the lastday of the month in which this lease begins.Place of Payment: Unless this lease provides otherwise, Tenant will remit all amounts

due to Landlord under this lease to the following person or entity at the place stated andmake all payments payable to the named person or entity. Landlord may later designate,in writing, another person or place to which Tenant must remit amounts due under thislease.

Name: Country Villa Mobile Home & RV ParkAddress: 3780 FM 1069, Aransas Pass, Texas 78336Notice: Place the Property address and Tenants name on all payments


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3. Method of Payment: Tenant must pay all rent timely and without demand, deduction,or offset, except as permitted by law or this lease.Time is of the essence for the payment of rent (strict compliance with rental due dates is

required).Tenant may pay rent in cash, check, cashiers check, money order or other meansacceptable to Landlord.If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant isnot honored by the institution on which it was drawn, Landlord may require Tenant topay such amount and any subsequent amounts under this lease in certified funds. Thisparagraph does not limit Landlord from seeking other remedies under this lease forTenants failure to make timely payments with good funds.

4. Rent Increases: There will be no rent increases through the primary term. Landlordmay increase the rent that will be paid during any month-to-month renewal period by

providing at least 30 days written notice.

5. Late Charges: If Landlord does not actually receive a rent payment in the full amountat the designated place of payment by _________p.m. on the __________day of themonth in which it is due, Tenant will pay Landlord additional late charges of $ _______per day thereafter until rent and late charges are paid in full. Additional late charges maynot exceed more than 30 days in any one month.

6. Returned Checks: Tenant will pay Landlord $___________ for each check Tenanttenders to Landlord which is retuned or not honored by the institution on which it isdrawn for any reason, plus any late charges until Landlord receives payment. Tenantmust make any returned check good by paying such amount(s) plus any associatedcharges in certified funds.

7. Security Deposit: On or before execution of this lease, Tenant will pay a securitydeposit to Landlord in the amount of $_________________ as set forth in the SecurityDeposit Agreement, attached hereto and incorporated herein for all purposes. At lease 30days written notice of intent to vacate must be given to Landlord prior to move out exceptas may otherwise be permitted in Chapter 94 of the Texas Property Code.

In the event this Agreement is signed by all parties the Security Deposit or arental pre-payment is paid by Tenant; the Tenant fails to move onto the Premises; andTenant procures a replacement tenant satisfactory to Landlord prior to thecommencement date of this Agreement, then Landlord shall return the Security Depositor rent pre-payment to Tenant.

The Property Code 94.103 does not obligate a Landlord to return or account forthe security deposit until the Tenant surrenders the manufactured home lot and gives theLandlord a written statement of the Tenants forwarding address, after which theLandlord has 30 days in which to account.

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8. Use of Premises and Application Approval: A Rental Application must be approved byLandlord before Tenant shall have the right to use or occupy the Premises. Only thosepersons 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 regulationof any governmental body or agency, nor in violation of any valid regulation of anygovernmental body or agency, nor in any manner to create any nuisance or trespass.

Tenant may use the Premises as a primary residence. The only persons Tenantmay permit to reside on the Premises during the term of this lease are (include names andages of all occupants) ___________________________________________________________________________________________________________________________.

Tenant must promptly inform Landlord of any changes in Tenants phonenumbers not later than 5 days after a change.

Tenant may not permit any guest to stay on the Premises longer than the timepermitted by manufactured home community rules and regulations or _______________

days without Landlords written permission, whichever is less.

9. Community Rules and Regulations: All Community facilities are provided by Landlordfor the use and enjoyment of Tenant and, in certain cases, Tenants family guest, orinvitees. Tenant agrees to abide, and to insure that Tenants family, guests, invitees abideby all Community Rules and Regulations (Rules) and any amendments thereto. Tenantacknowledges receipt of a copy of such Rules as of the date hereof. The Rules and anyamendments thereto are incorporated herein by reference and made a part hereof for allpurposes. Tenant agrees that Landlord shall have the right to modify, amend, change orreplace such Rules in Landlords sole and exclusive discretion and at such time or timesas Landlord may desire. Landlord agrees to give Tenant written notice at least thirty (30)days prior to any modification, change, amendment, or replacement; unless such additionor amendment will require expenditure of funds in excess of $25 by Tenant to complywith the new rule, in which event Landlord shall provide Tenant with 90 days after thedate Tenant is provided with a written copy of the added or amended rule to comply withsuch rule. Any breach or violation of such Rules is expressly declared to a breach of thisAgreement.

10. Armed Services: In the event that Tenant is now or becomes (except for voluntaryenlistment) a member of the Armed Forces of the United States on active duty andreceives change-of-duty orders to depart the local area, or is relieved or discharged fromactive duty, then Tenant may terminate this Agreement by giving Landlord thirty (30)days written notice, provided that Tenant is not otherwise in default or breach. In suchevent, Tenant agrees to furnish Landlord a certified copy of such official orders whichwarrant termination of this Agreement; it is expressly provided, however, that ordersauthorizing base housing shall not constitute change-of-duty warranting termination byTenant. Tenant shall not be released from this Agreement for any other reason.

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11. Move-In and Move-Out: Tenant agrees to move-in and move-out under and duringfavorable weather conditions and at such time during the day as shall be agreed to byLandlord or set forth in the Rules.

If Tenant occupying a park owned manufactured home, Landlord makes noexpress or implied warranties as to the Propertys condition. Tenant has inspected the

manufactured home and accepts it AS-IS. Tenant will complete an Inventory andCondition Form, noting any damages to the manufactured home and deliver it toLandlord within _________ days after the Commencement Date. If Tenant fails to timelydeliver the Inventory and Condition Form, the manufactured home will be deemed to freeof damages unless otherwise expressed in this lease.

When this lease ends, Tenant will surrender the park owned manufactured homein the same condition as when received, normal wear and tear accepted. Tenant will leavethe park owned manufactured home in a clean condition free of all trash, debris and anypersonal property.

13. Installation: Tenant agrees that the manufactured home shall be installed (set-up and

tied-down) in accordance with the Texas Manufactured Housing Standards Act and otherapplicable government statutes, ordinances, rules or regulations. Such shall be Tenantsresponsibility and Landlord shall in no way be liable or responsible for any improperinstallation.

14. Accessories, Equipment and Structures: Approval of Landlord must be obtainedbefore construction, installation or modification of any manufactured home accessory,equipment or other structure.

15. Landscaping: Installation or planting any trees, concrete, masonry, or ground covermust be approved by Landlord.

16. Vehicle Control: For the safety of the occupants, guests and invitees, in theCommunity, Landlord has designated and posted certain speed limits; Tenant agrees toabide by such and to cooperate in the enforcement of such speed limits. The streets areprivate and not public drive thru. Neither Tenant nor guests nor invitees shall park anyvehicle on another residents space without the express permission of the resident orLandlord, whichever is applicable. All vehicles must meet statutory requirements forinspection, safety, etc in order to be operated in the Community. No junked, unusable orunsightly vehicles will be allowed in the Community. The operation of motorcycles,motor scooters, mini bicycles and other two or three wheeled motorized vehicles must befirst approved in writing by Landlord.

17. Assignments and Subleases: Tenant shall not, without the prior written consent ofLandlord, assign or sublet this Agreement, or the lease made hereunder, or the Premisesleased hereby or any interest therein. If Tenant attempts to assign this Agreement orallows the Premises to be occupied by anyone other than Tenant, Landlord may collectrent and other charges due under this Agreement from the assignee or occupant, andapply the net amount collected to the amount herein due and such collection shall bedeemed a waiver of the condition herein against assignment or subletting, or as an

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acceptance of the assignee or occupant as a lawful resident of this Community or of thepremises and in such case, Tenant shall remain liable to Landlord for all provisions ofthis Agreement.

18. Transfer of Landlords Interest: In the event that Landlord sells, assigns or otherwise

transfers its interest in the Premises, this Agreement shall be binding on the purchaser,assignee or transferee. Landlord shall be automatically relieved of any obligations orliability hereunder as of the date of such sale, assignment, or transfer, provided that theobligations and liability hereunder are assumed in writing by said purchaser, assignee ortransferee.

19. Abandoned Property: Landlord may retain destroy, or dispose of any propertyabandoned on the Premises at the end of Term.

20. Subordination: Landlord subordinates its security interest and liens to purchasemoney security interest in Tenants personal property.

21. Indemnification: Tenant hereby agrees to indemnify and hold Landlord harmless forany injury or death to any person or damage to any property arising out of the use of theCommunity by Tenant, Tenants family, guests or invitees. Tenant is to keep themanufactured home and Premises in good and safe condition and notify Landlordimmediately of any unsafe or unsanitary condition in the Community property. Tenantagrees to pay Landlord for any damages caused by Tenant, Tenants family, guests orinvitees.

22. Waivers: No failure by Landlord to enforce any provision of this Agreement afterdefault or breach by Tenant shall be deemed a waiver of Landlords right subsequently toenforce any and all provisions of this Agreement upon any other or further default orbreach on the part of Tenant. The obligation of Tenant to pay rent shall not be deemed tobe 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 Tenant.

23. Eminent Domain: In the event that any governmental body or agency, or any entitywhich has the right of eminent domain, takes or condemns all or any part of the Premisesof such a portion of the Community that it is no longer reasonably suitable for use as amanufactured home community for any public purpose by right of eminent domain, thisAgreement shall terminate on the date that possession of such property was taken.

24. Amendments: The Agreement, along with Security Deposit Agreement, the RentalApplication, the Community Rules and Regulations, and the Water and Electric Submetering Addenda, if applicable, and/or __________ constitutes the entire agreementbetween the parties; Tenant certifies that no other representations, either written or oral,were made by Landlord or relied on by Tenant as an inducement for the execution of, oras consideration for, this Agreement, Tenant acknowledges receipt of a copy of each ofthese documents and agrees that such shall not be modified or amended except expresslyset forth in writing and executed by the parties.

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25. Termination for other than Nonpayment: Tenants right to occupancy shall terminateor may be terminated as follows:

At the end of the term of this Agreement or a future term on sixty (60) dayswritten notice by either Tenant or Landlord;

At any time Tenant shall be in default on or in breach of any provision of thisAgreement (or the other documents incorporated herein and made a part hereof byreference, such as the community rules, if any) upon written notice of such breachor default given by Landlord in accordance with Chapter 94 of the Texas PropertyCode;

In accordance with the terms and provisions hereof relating to eminent domain orchange in land use;

In accordance with the terms and provisions hereof relating to release of Tenant inthe Armed Services; or

At such other time as may be agreed to by the parties hereto in writing.

When residents right of occupancy is terminated, Tenant shall pay all rental or othersums due or owed to Landlord and shall peacefully surrender possession of thePremises and remove all Tenants property pursuant to this Agreement and failure todo so shall be deemed a breach of this Agreement.

26. Termination for nonpayment: In the event Tenant fails to timely pay rent or otheramounts due under the lease that in the aggregate equal the amount of at least one

months rent, Landlord shall provide Tenant written notice and opportunity to cure suchdelinquency before the 10th day after the date the tenant receives the notice. If the Tenantfails to completely cure such nonpayment within such 10 day period, Landlord mayimmediately thereafter file for eviction or pursue other legal remedies.

27. Landlords Remedy for Early Termination: Except as provided below in this Section,the maximum amount Landlord may recover as damages for Tenants early terminationthis Agreement is an amount equal to the amount of rent that remains outstanding for theremainder of the term of this Agreement as of the date of such early termination and anyother amounts owed for the remainder of this Agreement. If the Tenants manufacturedhome lot is reoccupied before the 21st day after the date Tenant surrenders the lot, the

maximum amount the Landlord may obtain as damages is an amount equal to onemonths rent.

28. Change in Land Use: Notwithstanding any statement in this Agreement to thecontrary, Landlord may terminate this Agreement without cost or liability upon a changein land use if, and only if, not later than 120 th day before the date the land use changes, (i)Landlord sends notice to Tenant, and to the owner of the manufactured home if the owneris not the Tenant, and to the holder of any lien on the manufactured home specifying the

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date that the land use will change, and informing the Tenant, owner, and lien holder, ifany, that the owner must relocate the manufactured home; and (ii) Landlord posts in aconspicuous place the manufactured home Community a notice stating that the land usewill change and specifying the date that the land use will change. Landlord is required togive the owner and lien holder, if any, the notice required by this Section only if Landlord

is given a written notice of the name and address of such owner and lien holder.

29. Temporary Zoning: N/A; or the Community is subject to a temporary zoningpermit for land use, and such permit expires:

30. Landlords Maintenance Responsibilities: Landlord shall cause the Community to (i)comply with applicable codes, statutes, ordinance, and administrative rules;(ii) maintainall common areas, if any, of the manufactured home community in a clean and useablecondition;(iii) maintain all utility lines installed in the manufactured home community bythe Landlord unless the utility lines are maintained by a public utility;(iv)maintain

individual mailboxes for the tenants in accordance with United States Postal Serviceregulations;(v) provide services (which may be at Tenants expense) for the commoncollection and removal of garbage and solid waste from with the Community; and (vii)repair or remedy conditions on the premises that materially affect the physical health orsafety or an ordinary tenant of the manufactured home community.

31. Attorneys Fees: Should either Tenant or Landlord be required to employ legalcounsel to enforce the terms, conditions and covenants of this Agreement, the prevailingparty shall recover all reasonable attorneys fees incurred therein.

32. Miscellaneous: This Agreement shall be governed by the laws of the State of Texas.

Tenant acknowledges having read and understood all of the terms and provisions of thisAgreement and agrees to be bound thereby. All references to Tenant herein shallinclude and mean all occupants of the manufactured home as set forth in the Applicationand in this Agreement. The term Landlord shall include and refer to the CommunityOwner/Manager or other designated representative of Landlord. All Tenants are jointlyand severally liable for all provisions of this Agreement. Any act or notice to, refund to,or signature of, any one or more of the Tenants regarding any term of this Agreement, itsextension, its renewal, or its termination is binding on all Tenants executing thisAgreement. Should a court find any clause in this lease unenforceable, the remainder ofthis lease will not be affected and all other provisions in this lease will remainenforceable.

33. Utilities: Landlord shall provide the following utility services (all parties initialspaces by services to be furnished by Landlord):

_________Gas ________ ________Electricity _______

________ Water ______ ________ Other __________

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34. Water Sub Metering: If the use of water to the Premises is sub metered, there isattached hereto, incorporated herein, and made part of hereof, a Water Sub MeteringAddendum on which is set forth:

A description of services given by said community and the responsibilities of

residents of said community as pertains to water sub metering; A summary of Texas Natural Resource Conservation Commission Sub Metering

Rules

35. Electric Sub Metering: If the use of electricity to the Premises is sub metered, there isattached hereto, incorporated herein, and made a part of hereof, an Electric SubMetering Addendum on which is set forth:

A description of services given by said community and the responsibilities ofresidents of said community as pertains to electrical sub metering; and

A summary of Public Utility Commission Sub Metering Rules.

36. Emergency Maintenance Number: The telephone number of the person who may becontacted for emergency maintenance is 361-442-8431 (required).

37. Address for Official Notice to Landlord: The name and address of the persondesignated to accept official notices for the Landlord is Roger & Glinda Pritchett, 3780FM 1069, Unit #8, Aransas Pass, Texas 78336 (required).

38. Disclosure of Ownership and Management: Landlord is the record title holder to theCommunity and its address is:3780 FM 1069, Aransas Pass, Texas 78336 (required).

39. Property Taxes: Tenant agrees to pay all property taxes assessed against their

manufactured home by their original due date and to provide Landlord with writtenreceipt evidencing such payment within 60 days after the original due date. Failure totimely provide such receipt will constitute a breach of this Agreement.

40. Special Provisions: See Attached

Read this Agreement in its entirety before signing. Please know that Chapter 94 of the

Texas Property Code governs certain rights granted to the Tenant and contains certain

obligations imposed on the Landlord by law.

_______________________________ Country Villa Mobile Home & RV Park

(signature) (Manufactured Home Community)_______________________________

(print name)______________________________ By: _________________________

(signature)______________________________

(print name)

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Manufactured Home Lease

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Transcript of Manufactured Home Lease