Month to Month HouseMate Lease Landlord and Owner Occupant: Paul Terry Walhus 9011 Quail Creek Drive; Austin, TX 78758 Tenant: SS#: Permanent mailing address: Property: 9011 Quail Creek Dr Austin, TX, 78758 IN CONSIDERATION of the mutual convenants and agreements herein contain, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the above-described property under the following terms: 1. TERM. This lease shall begin on March 1st, 2001 and shall be a month-to-month individual tenancy which may be canceled by either party upon giving thirty days’ notice to the other party. If room mate decides to move out, they must give 30 days advance written notice of such intent. 2. RENT: & UTILITIES The rent shall be $400 per month plus 25% or less of the utilities which shall be paid and considered as rent. . Tenant agrees to pay 25% maximum of all utility charges paid as rent (based on share of number of people in house) on the property including, but not restricted to: Quail Creek: Austin Energy, Southern Union Gas, Time Warner Cable TV. 3. HOLDING OVER. In the event Tenant holds over beyond the end of the lease term with the consent of the Landlord, a new month to month tenancy shall be created, and Tenant shall pay additional rent equal to 25% of the rent payment provided above, for a total rental payment of 125% of the previous rent. 4. PAYMENT. All rent payments (including rental utility payments) are due and payable on or before the first of each month and are to be received by the Landlord by the due date at 9011 Quail Creek Drive, Austin TX 78758 or such other place as designated by Landlord in writing. Tenant understands that this may require early mailing. If rent is received three (3) or more days late, a late fee of $25 may be charged at the discretion of the Landlord. In the event a check bounces or an eviction notice must be posted, Tenant agrees to pay $35.00 returned check fee and/or $65 eviction notice fee as well as any and all legal expenses caused by an eviction. In the case of a bounced check, Landlord may require cash or certified funds in addition to returned check charges and late fees. All payments are calculated using “FIFO”(first in, first out) accounting procedures. 5. DEFAULT. In the event Tenant defaults under any terms of this lease, Landlord may recover possession as provided by Law and seek monetary damages. Landlord may recover possession immediately in the event Tenant is endangering the health, safety, and/or welfare of other Tenants in the residence. 6. SECURITY. Landlord acknowledges receipt of the sum of $__________ as the last month's rent under this lease, plus $_________ as a security deposit. In the event Tenant terminates the lease prior to its expiration date, said amounts are non-refundable as a charge for Landlord's trouble in securing a new tenant, but Landlord reserves the right to seek additional damages if they exceed the above amounts. 7. MAINTENANCE. Tenant has examined the property, acknowledges it to be in good repair. Tenant agrees to help keep their room in good repair and to do all minor maintenance promptly and agrees to maintain their room and common areas in a sanitary, pest-free state. Tenant shall repair the following regardless of cost, unless caused by Landlord's negligence: waster water stoppage, damage to doors and windows, damage caused by doors or windows being left open. Tenant shall give Landlord written notice of any condition of the premises Tenant believes materially affects Tenant's health or physical safety. Tenant shall pay for all repair or replacement of security devices if damage is caused by Tenant's misuse. If Tenant negligence causes breakdown of an appliance then Tenant shall pay for the repair or replacement of that appliance. Tenants are required to empty their own trash in the designated trash cans outside and to keep their rooms clean and assist in emptying trash common areas in the rest of house and keeping the rest of common areas of the house clean. 8. KEY DEPOSIT and LOCKS Landlord acknowledges receipt of the sum of $________ (25.00 per key) key deposit. Said amount is non-refundable in the event Tenant fails to return Landlord’s key(s) at the end of tenancy. Tenant shall under no circumstances add or change locks on the premises, except with the express written consent of the Landlord, in which case Tenant shall immediately give at least one copy of each key to Landlord. Landlord shall at all times have keys for complete access of the premises in case of emergencies. 9. ASSIGNMENT. This lease may not be assigned by Tenant. 10. USE. Tenant shall not use the premises for any illegal purpose or any purpose which will increase the insurance rates and shall not cause a nuisance for Landlord, housemates, or neighbors. Tenant shall not create any environmental hazard on the premises. The residence is a smoke-free area. Tenant agrees not to smoke or allow smoking within 15 yards of the house and to dispose of all cigarette butts and related debris in suitable receptacles. In no event are cigarette butts or ashes to litter the ground. 11. LAWN. Tenant agrees to help maintain the lawn and shrubbery on the premises. 12. RECORDING. This lease shall not be recorded in any public records. 13. LIABILITY. Tenant shall be responsible for insurance on Tenant’s own property and agrees not to hold Landlord liable for any damages to Tenant's property on the premises. 14. ACCESS. Landlord reserves the right to enter the tenants room for the purposes of inspection and to show tenants room to prospective purchasers and/or future renters. Landlord maintains residence at the property and has access to common areas and his own room at all times. 15. PETS. No pets shall be allowed on the premises, other than support animals for disabled persons, unless a separate pet exception is provided in writing by the Landlord. 16. OCCUPANCY. The tenant shall not allow other persons to live on the premises for any period of time unless pre-approved by the Landlord in writing. 17. TENANTS’ APPLIANCES. Tenant agrees not to use any heaters, air conditioners, fixtures or appliances drawing excessive current without the express written consent of the Landlord. 18. PARKING. Tenant agrees that no parking is allowed on the premises (Quail Creek Residence Only). No boats, recreation vehicles, or disassembled automobiles may be stored on the premises of either residence. 19. FURNISHINGS. Any articles provided to Tenant and listed on attached schedule or to be returned in good condition at the termination of this lease. 20. ALTERATIONS and IMPROVEMENTS. Tenant shall make no alterations to the property without the written consent of the Landlord and any such alterations or improvements shall become the property of the Landlord. 21. ENTIRE AGREEMENT. This lease and the house rules document agreement between he parties and cannot be modified except in writing signed by both parties. 22. HARASSMENT. Tenant shall not do any acts to intentionally harass the Landlord or othertenants. 23. ATTORNEY FEES. In the event it becomes necessary to enforce this Agreement through the services of an attorney, Tenant shall be required to pay Landlord's attorney's fees. 24. SEVERABILITY. In the event any section of the Agreement shall be held to be invalid, all remaining provisions shall remain in full force and effect. 25. WAIVER. Any failure by Landlord to exercise any rights under this Agreement shall not constitute a waiver of Landlord's rights. 26. ABANDONMENT. In the event Tenant abandons the property prior to the expiration of the lease, Landlord my relet the premises and hold Tenant liable for any costs, lost rent or damage to the premises. Lessor may dispose or property abandoned by Tenant and shall not be responsible to Tenant for any such property. 27. SUBORDINATION. Tenant's interest in the premises shall be subordinate to any encumbrances now or hereafter placed on the premises, to any advances made under such encumbrances, and to any extensions or renewals thereof. Tenant agrees to sign any documents indicating such subordination which may be required by lenders. 28. SURRENDER OF PREMISES. At the expiration of the term of this lease, Tenant shall immediately surrender their room and occupancy in the home in as good condition as the start of the lease. Any and all keys to the property held by Tenant must be given to the Landlord. 29. SMOKE DETECTORS. Tenant acknowledges that Tenant has inspected any and all smoke detectors, that smoke detectors are installed, and Tenant agrees to inspect and maintain same, including the installation of fresh batteries, and that Landlord has no obligation to inspect or maintain the smoke detectors. 30. Contractual Landlord's Lien: Tenant grants to Landlord a contractual lien on all nonexempt property in, on or about he Leased premises. Landlord may seize and sell such property to satisfy Tenant's obligations under this lease by proceeding in accordance with Sections 54.044 and 54.045 and other applicable sections of the Texas Property Code and Texas Law. Landlord is entitled to collect from the proceeds of any sale or from Tenant the cost of packing, removing and storing any property seized under this provision. 31. MISCELLANEOUS PROVISIONS: There shall be no weapons of any kind anywhere on the property (including but not limited to guns, firearms, bombs, nuclear devices, etc.). No glass allowed in the pool area. Keep radio and all other noise down to a minimum. Landlord is a resident of the house and has all the rights of other room mates including (but not limited to) the right of free access at all times. WITNESS in the hands and seals of the parties hereto as of this date ____________________. ________________________________________________________ Paul Terry Walhus: Landlord ________________________________________________________ Tenant