MORNINGSIDE SQUARE APARTMENTS
This Agreement is between you, _____________________________, the Resident(s), and Rice University, the Owner.
You agree to rent the apartment assigned (see below) to you for use as a private residence only. You and no one else, other
than additional occupants identified in this document, will occupy the apartment. Visitors may stay overnight for up to 7
nights per year, provided the apartment manager approves. You shall be responsible and liable for the conduct of your
additional occupants and visitors. To be eligible for residency in the apartment you must be a currently registered full-time
student attending Rice University, and maintain this status throughout the entire duration of this Agreement.
The terms "you" and "your" refer to all residents listed herein. The terms "we", "us" and "our" refer to the owner listed above.
Your apartment type is: _____ One Bedroom
_____ Two Bedrooms
_____ Three Bedrooms
_____ Four Bedrooms
All apartments are unfurnished. Neither Owner nor management is responsible for furnishing any apartment upon rental.
LEASE TERM is for ___ months beginning _________________ and ending ____________________.
Unless you notify us of your intent to renew this Agreement at least thirty (30) days prior to the Move-Out date, we will
assume that you will vacate the apartment prior to the Move-Out date and we may lease your apartment to a new resident.
If you do not vacate the apartment by the Move-Out date, you will owe the standard rent plus twenty-five percent (25%)
on a per diem basis until you move out.
PAYMENT: Your monthly rent is $____________. Rent is due by check or money order on or before the first day of
the month in the office at 2402 Shakespeare #3. If you do not make payment on or before the fifth (5th) of the month, there
will be a late charge of fifty dollars ($50) on the sixth day of the month. Cash and partial rent payments will not be
accepted for any reason. You may not withhold or reduce the rent for any reason, including unforeseeable circumstances
beyond anyone’s control. Prorated rent is based on a thirty (30) day month. Your account with the apartment manager will
be assessed for any charges you have in connection with this Agreement.
DEPOSIT: A three hundred and fifty dollar ($350) reservation deposit is required to reserve an apartment. In the event
you are assigned an apartment and fail to take occupancy, your deposit will be forfeited. At move-in, you must pay a $40
key deposit. If you desire covered parking (one spot per unit) there will also be a $35 deposit for the parking gate remote
access device. At move-out, the deposit(s) will be returned to you at your last known permanent address within thirty (30)
days after vacating the apartment. The Owner or the apartment manager may withhold from the deposits any amounts you
still owe under this Agreement. Deposit refunds will be by one check payable to the primary lessee only. The amount of
deposit on-hand for your apartment is $__________.
RETURNED CHECKS: Payments returned due to insufficient funds, whatever the reason, will incur a fifty-dollar ($50)
processing fee plus the late charge of fifty-dollars ($50). Payment in the form of a money order or cashier’s check will be
due immediately after receipt of notice. Personal checks will not be accepted until the amount owed is paid by money
order or cashier’s check. If two returned checks are received for your account you will no longer be able to make
payment by personal check.
CHARGES: Rent includes cable, water, and sewer costs. Other utilities and services – telephone, electricity, gas,
premium cable, and internet service – are your responsibility and liability. Utilities may be used only for normal
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PARKING: Parking is available for residents on the property. Each unit will be assigned a specific parking space. Do
not park anywhere else within the gated area. Parking spaces are for the parking of standard passenger vehicles only.
Commercial vehicles, boats, recreational vehicles, or other vehicles deemed to be a nuisance by Owner or the apartment
manager, shall not be parked, stored, or kept on the property. All vehicles must be parked in designated parking spaces.
All vehicles on the property must be licensed and in reasonable working order. Auto repairs and maintenance, including
oil and filter changes, are not permitted on the property. The Owner or the apartment manager reserves the right to remove
improperly parked vehicles at any time, without notice. Bicycles should be properly secured to the provided bicycles
racks, not underneath the covered vehicle parking area. All bicycles parked illegally will be confiscated and the owner
must pay a $30 fine to have the bike returned. Management is not responsible for the locks that maybe damaged in the
process of removing illegally parked bikes.
KEYS AND SECURITY: Each resident and/or occupant will be given one apartment key and one mailbox key. Check to
make sure the locks and latches on your doors and windows are in good working order at all times. Notify the apartment
manager immediately if any repairs are necessary. The safety and security of your apartment mate(s) will require new
keys and lock cores if your keys are lost or stolen. Lost or stolen keys should be reported to the apartment manager
immediately. You will be charged a key replacement fee of forty dollars ($40) per core/lock. You are not permitted to
duplicate any apartment keys or change any door locks. You should lock your apartment door at all times, even if you are
inside or only leaving for a short time. Do not open the door for someone if you have any concerns regarding their identity
or intent. No security measure is fail-safe and Owner and the apartment manager disclaim any express or implied
warranties of security.
PROHIBITED ITEMS/CONDUCT: Pets of any kind are not permitted in the apartments at any time. Certified
assistance animals are the only exceptions. Waterbeds and space heaters are not allowed at any time. You may not store
your personal belongings, trash, bicycles or other material in the hallways, stairwells, landings, laundry rooms, parking
lots, or other common areas of the apartment complex. You may not make material alterations/improvements of any kind
to your apartment. You and your guests may not engage in the following activities: behaving in a loud or obnoxious
manner; disturbing or threatening the rights, comfort, health, safety, or convenience of others (including owner and
apartment manager’s employees and agents) in or near the apartments; manufacturing, delivering, possessing with intent
to deliver, or otherwise possessing a controlled substance or drug paraphernalia; displaying a weapon in a common area in
a way that may alarm others; altering or tampering with any utility service; or bringing a hazardous material into or
around the apartments. Possession of firearms on the property at any time, for any duration, is strictly forbidden.
LIABILITY INSURANCE: You are responsible and liable for, and shall hold Owner and the apartment manager
harmless from, any and all injury and damage to persons and property caused, directly or indirectly, by your intentional or
negligent acts or omissions. You are responsible and liable for insuring your personal belongings, including losses due to
fire, smoke, water, or theft. The Owner and the apartment manager shall not be held responsible or liable for any loss or
damage of your personal belongings, and do not provide any insurance coverage for your benefit.
SMOKE DETECTORS: You must not disconnect or intentionally damage a smoke detector or remove the battery
without immediately replacing it with a working one. If you do not comply with this, you may be subject to
damages, civil penalties and attorneys’ fees under Section 92.2611 of the Texas Property Code.
COMMUNITY POLICIES: You and all visitors must comply with any written apartment rules and community policies
detailed in the Housing Agreement and the ConAm Handbook, including instructions for care of owner’s or apartment
manager’s property. The ConAm Handbook is considered part of this Agreement and the most current version will be
issued to you. The Owner or the apartment manager may make changes to written rules and community policies, for
immediate implementation, if they are distributed and applicable to all units in the apartment complex and do not change
the rent set forth in this Agreement.
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RIGHT OF ENTRY: Your occupancy and use of the apartment is subject to entry at any time by Owner's personnel or
the apartment manager and its personnel on official business. Such access will generally be for the purposes of conducting
maintenance and repairs and ensuring compliance with the provisions of this Agreement. Requests for maintenance and
repairs should be submitted promptly to the apartment manager to expedite service and prevent further damage. When
possible, efforts will be made to accommodate your schedule when entering your apartment; however, Owner and the
apartment manager reserve the right to conduct maintenance and repairs at any time. A request or consent by one
occupant of an apartment shall be deemed a request or consent, as the case may be, by all occupants of the apartment.
VIOLATIONS: If Owner or the apartment manager determines that you have violated any of the provisions of this
Agreement or that you represent a risk or nuisance to persons or property, you will be assessed charges, required to move
out, and/or subject to other legal action.
Termination Fees: In the event you move-out before the end date of this Agreement, you must give us written
notice to that effect and you will be charged a re-letting fee of eighty-five percent (85%) of your monthly rent. You
will also be immediately charged any and all rent due through the un-expired term of the Agreement. In the event
owner successfully re-lets the apartment, we will refund the balance of un-expired rent from the first date of the
replacement tenant’s agreement. In no case is Owner or the apartment manager under any obligation to re-let your
apartment in the event you terminate this Agreement before the end of its term.
Student Status Changes: In the event you cease to be a registered full-time Rice University student, this
Agreement will automatically terminate and you must move out within ten (10) days after the effective date of the
change in status. You will be charged a re-letting fee of eighty-five percent (85%) of your monthly rent and forfeit
your reservation deposit.
Move-Out Procedures: Upon termination of this Agreement, you shall promptly vacate your apartment, leaving all
Owner and apartment property in the same condition as when received, reasonable wear and tear excepted. You
shall be held responsible and liable for all expenses related to (i) the repair or replacement of damaged or lost
Owner or apartment property, (ii) the disposal of any abandoned furniture, appliances, decor, clothing, projects,
books, or other personal belongings, and (iii) the clean-up and removal of excessive debris or trash. Your
responsibility and liability shall be joint and several with any apartment mates. Neither Owner nor the apartment
manager shall be held responsible or liable for any personal belongings left in or around an apartment and may
either remove them or dispose of them without notice or liability. If any disposal or clean-up charges are assessed
with respect to your apartment, the amount will be deducted from your deposit. Your apartment must be vacated by
midnight on the date this Agreement expires. Before departing you should meet with the Owner's representative or
the apartment manager for a move-out inspection.
Liability After Termination: Notwithstanding anything in this Agreement to the contrary, upon any termination of
this Agreement, you shall remain responsible and liable for all obligations that accrue prior to its termination and,
under all provisions that expressly or by their nature, extend beyond and survive its termination.
No Amendment or Waiver: This Agreement (i) may not be amended or modified, by course of conduct or
otherwise, and (ii) may not be waived, in whole or in part, by delay in enforcement or otherwise, except, in each
instance, with written approval of the Owner or its designated representative.
Subletting: You may not assign or sublet this Agreement in whole or in part.
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Enforceability: This Agreement shall be interpreted and enforced in accordance with the laws of the State of
Texas, without regard to its conflicts and choice of law principles. By signing this Agreement you confirm that (i)
you have read and fully understand this Agreement, (ii) you intend this Agreement to be fully binding upon and
enforceable against you and your family members, estate, heirs and legal representatives, (iii) you intend this
Agreement to be for the benefit of Owner, and (iv) you are at least eighteen (18) years of age, fully competent, and
entering into this Agreement of your own free will and judgement. If you are under the age of eighteen (18), this
Agreement must also be signed by your parent or legal guardian.
Riders: Resident hereby acknowledges and confirms that he/she has been provided with, and has read and
understands, the following:
______ a) The Rules and Regulations of the Morningside Square Apartments Handbook
______ b) Notice concerning Lead-Based Paint
______ c) Mold Addendum.
______ d) Fire extinguisher addendum
______ e) Inventory and Condition Form
______ f) Asbestos Addendum
RESIDENT (S): OWNER’ S REPRESENTATIVE:
______________________________________ Date: _____________________________________
______________________________________ Address/Phone Number of Owner's Representative for notice purposes
______________________________________ 2402 Shakespeare #3
OCCUPANT (S): Houston, Texas 77030
PARENT or GUARDIAN: (if applicable)
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