RESIDENTIAL LEASING AND PROPERTY MANAGEMENT AGREEMENT
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®, INC. IS NOT AUTHORIZED.
©Texas Association of REALTORS®, Inc. 2018
1. PARTIES:
A. The parties to this agreement are:
Owner:
Address:
City, State, Zip:
Hm. Phone: Wk. Ph: Mobile:
Fax: E-Mail:
Additional Phones or Contact Information:
Broker:
Address:
City, State, Zip:
Phone: Fax:
E-Mail:
B. If Owner is not an individual, Owner is a: estate corporation limited liability company (LLC)
trust partnership limited liability partnership (LLP) other , which was
chartered or created in (State). The individual signing this agreement for the
owner represents to Broker that he or she has the authority to bind Owner to this agreement, to act for
Owner, and is acting under his capacity as (title) for the Owner.
C. Owner appoints Broker as Owner's sole and exclusive leasing and managing agent of the real property
described in Paragraph 2 and in any addendum to this agreement.
2. PROPERTY: "Property" means:
Address (include unit nos.)
legally described as:
in County, Texas, together with the following non-real-property
items:
.
"Property" also includes any other Property described in any attached Multiple Property Addendum.
3. TERM:
A. Primary Term: The primary term of this agreement begins and ends as follows:
Commencement Date: Expiration Date:
B. Automatic Extension: Unless either party provides written notice of termination to the other party at
least 30 days before the Expiration Date, this agreement will automatically extend on a monthly basis
until either party terminates by providing at least 30 days written notice to the other party.
(TXR-2201) 2-1-18 Initialed for Identification by: Broker/Associate and Owner , Page 1 of 12
Phone: Fax:
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Terra Residential Services, Inc.
9977 W Sam Houston Pkwy N Ste 160
Houston, TX 77064-7509
(713)895-9966 (713)895-9320
Terra Residential Services,Inc,14655 Northwest Fwy Ste 124 Houston,TX 77040 (713) 895-9966 (713) 895-9320 Management
Michael Mengden
Leasing & Management Agreement concerning:
C. Effective Services: If Broker determines that Broker cannot continue to effectively provide leasing and
management services to Owner for any reason at any time during this agreement Broker may
terminate this agreement by providing at least 30 days written notice to Owner.
D. Fees Upon Termination: At the time this agreement ends, Owner must pay Broker amounts specified in
Paragraph 12.
4. AUTHORITY OF BROKER:
A. Leasing and Management Authority: Owner grants to Broker the following authority which Broker may
exercise when and to the extent Broker determines to be in Owner's interest:
(1)
advertise the Property for lease at Owner's expense by means and methods that Broker
determines are reasonably competitive, including but not limited to creating and placing
advertisements with interior and exterior photographic and audio-visual images of the Property and
related information in any media and the Internet;
(2)
place “For Lease” signs or other signs on the Property in accordance with applicable laws,
regulations, ordinances, restrictions, and owners' association rules;
(3)
remove all other signs offering the Property for sale or lease;
(4)
submit the Property as a listing with one or more Multiple Listing Services (MLS) at any time the
Property is marketed for lease and to change or terminate such listings;
(5)
authorize other brokers, their associates, inspectors, appraisers, and contractors to access the
Property at reasonable times for purposes contemplated by this agreement and to lend keys and
disclose security codes to such persons to enter the Property;
(6)
duplicate keys and access devices, at Owner's expense, to facilitate convenient and efficient
showings of the Property and to lease the Property;
(7)
place a keybox on the Property;
(8)
employ scheduling companies to schedule showings by other brokers at any time the Property is
marketed for lease;
(9)
verify information and references in rental applications from prospective tenants;
(10)
negotiate and execute leases on Owner's behalf for the Property at market rates and on
competitively reasonable terms for initial terms of not less than months and not more
than months and in accordance with any instructions in Paragraph 20;
(11)
negotiate and execute any amendments, extensions, or renewals to any leases for the Property on
Owner's behalf;
(12)
terminate leases for the Property, negotiate lease terminations, and serve notices of termination;
(13)
collect and deposit for Owner rents, security deposits, and other funds related to the Property in a
trust account and pay from that account: (a) any compensation and reimbursements due Broker
under this agreement; and (b) other persons as this agreement may authorize.
(14)
account for security deposits that Broker holds in trust to any tenants in the Property in accordance
with applicable law, this agreement, and any lease of the Property and make deductions from the
deposits in accordance with the lease and applicable law;
(15)
collect administrative charges including but not limited to, application fees, returned check fees,
and late charges from tenants in the Property or from prospective tenants;
(16)
institute and prosecute, at Owner's expense, actions to: (a) evict tenants in the Property; (b)
recover possession of the Property; or (c) recover lost rent and other damages;
(17)
settle, compromise, or withdraw any action described in Paragraph 4A(16);
(18)
negotiate and make reasonable concessions to tenants or former tenants in the Property;
(19)
report payment histories of tenants in the Property to consumer reporting agencies;
(20)
obtain information from any holder of a note secured by a lien on the Property and any insurance
company insuring all or part of the Property;
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Leasing & Management Agreement concerning:
(21)
hire contractors to repair, maintain, redecorate, or alter the Property provided that Broker does not
expend more than $ for any single repair, maintenance item,
redecoration, or alteration without Owner's consent;
(22)
hire contractors to make emergency repairs to the Property without regard to the expense
limitation in Paragraph 4A(21) that Broker determines are necessary to protect the Property or the
health or safety of an ordinary tenant;
(23)
contract, at Owner's expense, in either Broker's or Owner's name, for utilities and maintenance to
the Property during times that the Property is vacant, including but not limited to, electricity, gas,
water, alarm monitoring, cleaning, pool and spa maintenance, yard maintenance, and other
regularly recurring expenses that Broker determines are reasonable to maintain and care for the
Property; and
(24)
perform other necessary services related to the leasing and management of the Property.
B. Record Keeping: Broker will:
(1) maintain accurate records related to the Property and retain such records for not less than 4 years;
(2) file reports with the Internal Revenue Service related to funds received on behalf of Owner under
this agreement (for example, Form 1099); and
(3) remit, each month, the following items to Owner: (a) funds collected by Broker for Owner under
this agreement, less authorized deductions and rents not yet due according to the terms of the
Owner's agreement with a tenant; and (b) a statement of receipts, disbursements, and charges.
Owner may instruct Broker in writing to remit the items to another person or address.
C. Security Deposits:
(1) During this agreement, Broker will maintain security deposits received from tenants in a trust
account and will account to the tenants for the security deposits in accordance with the leases for
the Property.
(2) Except as stated in Paragraph 4(I), after this agreement ends, Broker will deliver to Owner or the
Owner's designee the security deposit held by Broker under an effective lease of the Property, less
deductions authorized by this agreement, and will send written notice to the tenant that states all of
the following:
(a) that this agreement has ended;
(b) the exact dollar amount of the security deposit;
(c) the contact information for the Owner or the Owner's designee; and
(d) that Owner is responsible for accounting for and returning the tenant's security deposit.
(3) If Broker complies with this Paragraph 4C, Owner will indemnify Broker from any claim or loss from
a tenant for the return of a security deposit. This Paragraph 4C survives termination of this
agreement.
D. Deductions and Offset: Broker may disburse from any funds Broker holds in a trust account for Owner:
(1) any compensation due Broker under this agreement;
(2) any funds Broker is authorized to expend under this agreement; and
(3) any reimbursement Broker is entitled to receive under this agreement.
E. Insurance and Attorneys:
(1) Broker may not file a claim for a casualty loss with the carrier insuring the Property. Broker may
communicate with the carrier to facilitate the processing of any claim Owner may file or other
matters that Owner instructs Broker to communicate to the carrier.
(2) Broker may not directly or indirectly employ or pay a lawyer to represent Owner. Broker may
communicate with Owner's attorney in accordance with Owner's instructions.
F. Trust Accounts, MLS, and Keybox and Listing Content:
(1) Trust Accounts: A trust account must be separate from Broker's operating account and must be
designated as a trust, property management, or escrow account or other similar name. Broker may
maintain one trust account for all properties Broker leases and manages for others.
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$500.00
Management
Leasing & Management Agreement concerning:
(2) MLS: MLS rules require Broker to accurately and timely submit all information the MLS requires for
participation including leased data. Subscribers to the MLS and appraisal districts may use the
information for market evaluation or appraisal purposes. Subscribers are other brokers and other
real estate professionals such as appraisers. Any information filed with the MLS becomes the
property of the MLS for all purposes. Submission of information to MLS ensures that persons who
use and benefit from the MLS also contribute information.
(3) Keybox: A keybox is a locked container placed on the Property that holds a key to the Property. A
keybox makes it more convenient for brokers, their associates, inspectors, appraisers, and
contractors to show, inspect, or repair the Property. The keybox is opened by a special
combination, key, or programmed device, so that authorized persons may enter the Property. Using
a keybox will probably increase the number of showings, but involves risks (for example,
unauthorized entry, theft, property damage, or personal injury). Neither the Association of
REALTORS® nor MLS requires the use of a keybox.
(4) Listing Content:
(a) “Listing Content” means all photographs, images, graphics, video recordings, virtual tours,
drawings, written descriptions, remarks, narratives, pricing information, and other copyrightable
elements relating to the Property. “Owner Listing Content” means Listing Content provided by
Owner to Broker or Broker's associates. “Broker Listing Content” means Listing Content that is
otherwise obtained or produced by Broker or Broker's associates in connection with this
agreement.
(b) Owner grants Broker a non-exclusive, irrevocable, worldwide, royalty-free license to use,
sublicense through multiple tiers, publish, display, and reproduce the Owner Listing Content, to
prepare derivative works of the Owner Listing Content, and to distribute the Owner Listing
Content, including any derivative works of the Owner Listing Content. This Paragraph 4F(4)(b)
survives termination of this agreement.
(c) All Broker Listing Content is owned exclusively by Broker, and Owner has no right, title or
interest in or to any Broker Listing Content.
(d) Owner understands and agrees that both the Owner Listing Content and Broker Listing
Content, including any changes to such content, may be filed with the MLS, included in
compilations of listings, and otherwise distributed, publicly displayed and reproduced.
G. Performance Standard: Broker will:
(1) use reasonable care when exercising Broker's authority and performing under this agreement; and
(2) exercise discretion when performing under this agreement in a manner that Broker believes to be in
Owner's interest, provided that Broker will treat any tenant honestly and fairly.
H. Inability to Contact Owner: If Broker is unable to contact Owner for days, Broker is authorized
to contact the person below for the sole purpose of attempting to reestablish contact with Owner.
Name: Phone:
Address:
E-mail:
I. Foreclosure: If Broker receives notice of the Owner's delinquency in the payment of: (1) any mortgage
or other encumbrance secured by the Property; (2) property taxes; (3) property insurance; or (4)
owners' association fees, Broker may give Owner 15 days to cure the delinquency during which period
Owner authorizes Broker to freeze any funds held by Broker and no disbursements will be made to
Owner related to this agreement or the Property. If after the 15 day period, the delinquency is not
cured and the foreclosure process is initiated, Owner authorizes Broker to deduct from any other funds
being held by Broker for Owner any remaining Broker Fees or funds due to Broker related to services
performed under this agreement. Additionally, Owner authorizes Broker to return any security deposit
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Management
Leasing & Management Agreement concerning:
being held by Broker to a tenant of the Property in addition to any prorated amount of rent being held
by Broker and Broker may terminate this agreement. This paragraph does not preclude the Broker
from seeking any other remedies under this agreement or at law that may be available to the Broker.
5. LEGAL COMPLIANCE: The parties will comply with all obligations, duties, and responsibilities under the
Texas Property Code, fair housing laws, and any other statute, administrative rule, ordinance, or restrictive
covenant applicable to the use, leasing, management, or care of the Property.
6. RESERVES: Upon execution of this agreement, Owner will deposit the following amount with Broker to be
held in a trust account as a reserve for Owner: $ for each unit within the Property
or Properties managed by Broker under this agreement. Broker may, at Broker's discretion, use the
reserve to pay any expense related to the leasing and management of the Property(ies) (including but not
limited to Broker's fees). If the balance of the reserve becomes less than the amount stated, at any time,
Broker may: (a) deduct an amount that will bring the balance to the amount stated from any subsequent
rent received on behalf of Owner and deposit the amount into the reserve; or (b) notify Owner that Owner
must promptly deposit additional funds with Broker to bring the balance to the amount stated.
7. ADVANCES: Owner will, in advance, provide Broker all funds necessary for the leasing and management
of the Property. Broker is not obligated to advance any money to Owner or to any other person.
8. OWNER'S REPRESENTATIONS:
A. General:
(1) Except as disclosed in Paragraph 20, Owner represents that:
(a) Owner has fee simple title to and peaceable possession of the Property and all its
improvements and fixtures, unless rented, and the legal capacity to lease the Property;
(b) Owner is not bound by: (i) another agreement with another broker for the sale, exchange,
lease, or management of the Property that is or will be in effect during this agreement; or (ii) an
agreement or covenant that prohibits owner from leasing the property;
(c) no person or entity has any right to purchase, lease, or acquire the Property by an option, right
of refusal, or other agreement;
(d) Owner is not delinquent in the payment of any property taxes, owners' association fees,
property insurance, mortgage, or any encumbrance on or affecting the Property;
(e) the Property is not subject to the jurisdiction of any court;
(f) the optional user fees for the use of common areas (for example, pool or tennis courts) in the
Property's subdivision are: ;
(g) all information related to the Property that Owner provides to Broker is true and correct to the
best of Owner's knowledge; and
(h) the Owner Listing Content, and the license granted to Broker for the Owner Listing Content, do
not violate or infringe upon the rights, including any copyright rights, of any person or entity.
(2) Broker may disclose to a tenant or to a prospective tenant any information related to the
representations made in this Paragraph 8.
B. Property Condition: Owner and Broker are obligated under law to disclose to a tenant or to a
prospective tenant any known condition that materially and adversely affects the health or safety of an
ordinary tenant. Owner is obligated under the Property Code to repair any such condition for a tenant.
Owner represents that:
(1) any pool or spa and any required enclosures, fences, gates, and latches comply with all applicable
laws and ordinances; and
(2) Owner is not aware of a condition concerning the Property that materially affects the health or
safety of an ordinary tenant, except as stated below, in this agreement, or in any addendum:
.
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Management
Leasing & Management Agreement concerning:
C. Lead-Based Paint: If the Property was built before 1978, Owner will complete and attach to this
agreement an addendum regarding lead-based paint and lead-based paint hazards that will be made
part of any lease of the Property. If the Property was built before 1978, federal law requires the Owner
(before a tenant is obligated under a lease) to: (1) provide the tenant with the federally approved
pamphlet on lead poisoning prevention; (2) disclose the presence of any known lead-based paint or
hazards in the Property; and (3) deliver all records and reports to the tenant related to such paint or
hazards.
9. OWNER'S COOPERATION: Owner agrees to:
A. cooperate with Broker to facilitate the showing, marketing, and lease of the Property;
B. not rent or lease the Property to anyone without Broker's prior written approval;
C. not negotiate with any prospective tenant who might contact Owner directly, but refer all prospective
tenants to Broker;
D. not deal with or negotiate with any tenant in the Property concerning any matter related to the
management or leasing of the Property but refer all such dealings to Broker;
E. not enter into a listing agreement or property management agreement with another broker for the
rental, leasing, or management of the Property to become effective during this agreement;
F. provide Broker with copies of any existing leases or rental agreements related to the Property;
G. provide Broker with keys and access devices to the Property;
H. provide Broker with copies of all warranties related to the Property or any item in the Property;
I. tender to Broker any security deposits paid by any existing tenants in the Property;
J. complete any disclosures or notices required by law or a lease of the Property;
K. amend applicable notices and disclosures if any material change occurs during this agreement; and
L. notify Broker if Owner becomes delinquent in the payment of: (1) any mortgage or other encumbrance
secured by the Property; (2) property taxes; (3) property insurance; or (4) owners' association fees.
10. INSURANCE:
A. At all times during this agreement, Owner must maintain in effect:
(1) a public liability insurance policy that names Broker as a co-insured or additional insured and
covers losses related to the Property in an amount of not less than $ on
an occurrence basis; and
(2) an insurance policy for the Property in an amount equal to the reasonable replacement cost of the
Property's improvements and that contains endorsements which contemplate the leasing of the
Property with vacancies between lease terms.
B. Not later than the 15th day after the Commencement Date, Owner must deliver to Broker copies of
certificates of insurance evidencing the coverage required under Paragraph 10A. If the coverage
changes at any time during this agreement, Owner must deliver to Broker a copy of the insurance
certificate evidencing the change not later than 10 days after the change.
C. If Owner fails to comply with Paragraphs 10A or 10B, Broker may:
(1) purchase insurance that will provide Broker the same coverage as the required insurance under
Paragraph 10A(1) and Owner must promptly reimburse Broker for such expense; or
(2) exercise Broker's remedies under Paragraph 17.
11. BROKER'S FEES: All fees to Broker under this agreement are payable in
County, Texas. This Paragraph 11 survives termination or expiration of this agreement with regard to fees
earned during this agreement which are not payable until after its termination. Broker may deduct any fees
under this Paragraph 11 from any funds Broker holds in trust for Owner. If more than one property or unit
is made part of and subject to this agreement, each of the provisions below will apply to each property or
unit separately.
A. Management Fees: Each month Owner will pay Broker the greater of $ (minimum
management fee) or: (Check one box only.)
(1) % of the gross monthly rents collected that month.
(2) .
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300,000.00
Harris
X
150.00
X
10.000
N/A
Management
Leasing & Management Agreement concerning:
A vacancy in the Property or failure by a tenant to pay rent does not excuse payment of the minimum
management fee. Management fees under this Paragraph 11A are earned daily and are payable not
later than the last day of each month.
B. Leasing Fees for New Tenancies: Each time the Property is leased to a new tenant, Owner will pay
Broker a leasing fee equal to: (Check one box only.)
(1) % of one full month's rent to be paid under the lease.
(2) % of the gross rents to be paid under the lease.
(3) .
The leasing fees under this Paragraph 11B are earned and payable at the time the lease is executed.
C. Renewal or Extension Fees: Each time a tenant in the Property renews or extends a lease, Owner will
pay Broker a renewal or extension fee equal to: (Check one box only.)
(1) % of one full month's rent to be paid under the renewal or extension.
(2) % of the gross rents to be paid under the renewal or extension.
(3) .
The renewal or extension fees under this Paragraph 11C are earned and payable at the time the
renewal or extension is effective. For the purposes of this paragraph, a new lease for the same
Property with the same tenant then occupying the Property is an extension or renewal. This Paragraph
11C does not apply to month-to-month renewals or month-to-month extensions.
D. Service Fees: Each time Broker arranges for the Property to be repaired, maintained, redecorated, or
altered as permitted by this agreement, Owner will pay Broker a service fee equal to: (Check one box
only.)
(1) % of the total cost of each repair, maintenance, alteration, or redecoration.
(2) .
The service fees under this Paragraph 11D are earned at the time the repair, maintenance,
redecoration, or alteration is made and are payable upon Owner's receipt of Broker's invoice.
E. Interest on Trust Accounts: Any trust account Broker maintains under this agreement may be an
interest-bearing or income producing account. Broker may retain any interest or income from such
account as compensation under this agreement. Broker will remove any interest or income payable
under this Paragraph 11E from the trust account not later than the 30th day after the interest or income
is paid.
F. Administrative Fees: If Broker collects administrative charges from tenants or prospective tenants,
including but not limited to, application fees, returned check fees, or late charges (as authorized under
Paragraph 4A), Broker will retain such fees as compensation under this agreement. The administrative
fees under this Paragraph 11F are earned and payable at the time Broker collects such fees.
G. Fees Related to Insurance and Legal Matters:
(1) If Owner requests or instructs Broker to coordinate or communicate with any insurance carrier
regarding any casualty to or on the Property Owner will Pay Broker $ per
for Broker's time expended in such matters and in preparation of such matters.
(2) If Owner requests or instructs Broker to appear in any legal proceeding or deposition related to the
Property (including, but not limited to, evictions, tenant disputes, security deposit disputes, and
suits for damages), Owner will pay Broker $ per for Broker's time
expended in such matters and in preparation of such matters.
Fees under this Paragraph 11G are earned at the time the services are rendered and payable
upon Owner's receipt of Broker's invoice.
H. Fees in the Event of a Sale:
(1) Fee if a Tenant Purchases Property: If Owner sells the Property to a tenant who occupied the
Property during the term of this agreement not later than the time the tenant vacates the Property,
Owner will pay Broker a fee equal to: (Check one box only.)
(a) % of the sales price.
(b) .
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X
X
100.000
N/A
N/A
X
X
20.000
N/A
N/A
X
N/A
X
10% of total cost of each repair maintenance
X
X
X
$100
Hour
100 Hour
X
X
5or6
N/A
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Leasing & Management Agreement concerning:
Fees under this Paragraph 11H(1) are earned at the time Owner agrees to sell the Property
and are payable at the time the sale closes. Broker will waive any fees due under Paragraph 12
at the time the sale closes.
(2) Fee if Buyer is Procured through Broker: If during this agreement, Owner agrees to sell the
Property to a person other than a tenant who occupied the Property and Broker procures the buyer,
directly or through another broker, Owner will pay Broker a fee equal to: (Check one box only.)
(a) % of the sales price.
(b) .
Fees under this Paragraph 11H(2) are earned at the time Owner agrees to sell the Property and
are payable at the time the sale closes. Broker will waive any fees due under Paragraph 12 at the
time the sale closes.
(3) Sale Coordination Fees: If at any time during this agreement Owner agrees to sell the Property and
Broker is not paid a fee under Paragraph 11H(1) or (2), Owner will pay Broker
for Broker's time and services to coordinate showings, inspections,
appraisals, repairs, and other related matters. Fees under this Paragraph 11H(3) are earned at the
time such services are rendered and payable upon Owner's receipt of Broker's invoice.
(4) Definition: “Sell” means to agree to sell, convey, transfer or exchange any interest in the Property
whether by oral or written agreement or option.
(5) Separate Listing Agreement Controls: If Owner sells the Property and pays Broker the fee under a
separate written listing agreement between Owner and Broker: (a) this Paragraph 11H will not
apply; and (b) Broker will waive any fees due under Paragraph 12 at the time the sale closes.
I. Other:
.
12. FEES UPON TERMINATION: At the time this agreement ends, Owner must pay Broker:
A. all amounts due Broker under this agreement; and
B. if the Property is leased to a tenant on the date this agreement ends and Owner terminates this
agreement, an amount equal to the greater of:
(a) the management fees that would accrue over the remainder of the term of the lease; or
(b) $ .
If more than one property or unit is made part of and subject to this agreement, this paragraph applies only
to those properties or units then leased and applies to each property or unit separately.
13. EXPENSE REIMBURSEMENT: Upon Owner's receipt of Broker's invoice, Owner will reimburse Broker the
following expenses that are related to the leasing or management of the Property: (a) copy charges;
(b) charges for long distance telephone calls or facsimile transmissions; (c) regular, express, or certified
mail charges; (d) notary fees; (e) photos and videos; (f) reasonable travel expenses, including but not
limited to mileage reimbursement (at the standard mileage rate published by the IRS), parking expenses,
and tolls; and (g) any other expenditures Broker is authorized to make under this agreement for Owner or
that Owner otherwise authorizes Broker to make for Owner.
14. FUNDS RECEIVED AFTER TERMINATION: Except as provided in Paragraph 4(I), if Broker receives any
funds on behalf of Owner after this agreement ends (for example, rent, damages, past due amounts, and
others), Broker will deposit those funds in Broker's trust account and will: (a) pay % of the
funds received to Broker as compensation for services (for example, research, accounting,
communicating, and processing) rendered at that time; and (b) pay the balance of the funds to Owner.
This provision survives termination of this agreement.
15. COOPERATION WITH OTHER BROKERS: When the Property is marketed for lease, Broker will allow
other brokers to show the Property to prospective tenants. If the other broker procures a tenant who leases
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6.000
N/A
$100 min/mo +
10% of repairs
300.00
10.000
Management
Leasing & Management Agreement concerning:
the Property, Broker will offer to pay the other broker a fee out of the compensation Broker receives under
Paragraph 11. As of the date this agreement is signed, Broker's policy is to offer other brokers the
following amounts. Broker may change the amounts disclosed below without notice, provided that Broker
will offer competitively reasonable amounts to other brokers.
A. MLS Participants: If the other broker is a participant in the MLS in which the listing is filed, Broker will
offer to pay the other broker:
(1) if the other broker represents the tenant (complete only one): % of one month's rent to
be paid under a lease; % of all rents to be paid under a lease; or $ ;
and
(2) if the other broker is a subagent (complete only one): % of one month's rent to be paid
under a lease; % of all rents to be paid under a lease; or $ .
B. Non-MLS Brokers: If the other broker is not a participant in the MLS in which the listing is filed, Broker
will offer to pay the other broker:
(1) if the other broker represents the tenant (complete only one): % of one month's rent to
be paid under a lease; % of all rents to be paid under a lease; or $ ;
and
(2) if the other broker is a subagent (complete only one): % of one month's rent to be paid
under a lease; % of all rents to be paid under a lease; or $ .
16. LIABILITY AND INDEMNIFICATION:
A. Broker is not responsible or liable in any manner for personal injury to any person or for loss or
damage to any person's real or personal property resulting from any act or omission not
caused by Broker's negligence, including but not limited to injuries or damages caused by:
(1) other brokers, their associates, inspectors, appraisers, and contractors who are authorized
to access the Property;
(2) acts of third parties (for example, vandalism, theft, or other criminal acts);
(3) freezing or leaking water pipes;
(4) failure to properly water the foundation of the Property;
(5) a dangerous condition or environmental condition on the Property; or
(6) the Property's non-compliance with any law or ordinance.
B. Broker is not responsible or liable in any manner for:
(1) any late fees or other charges Owner incurs to any creditor caused by late or insufficient
payments by any tenant in the Property; or
(2) damages to Owner caused by a tenant's breach of a lease.
C. Owner agrees to protect, defend, indemnify, and hold Broker harmless from any damage, costs,
attorney's fees, and expenses that:
(1) are caused by Owner, negligently or otherwise;
(2) arise from Owner's failure to disclose any material or relevant information about the
Property;
(3) are caused by Owner giving incorrect information to any person; or
(4) are related to the management of the Property and are not caused by Broker, negligently or
otherwise.
D. Owner is responsible and liable for all contracts and obligations related to the Property (for
example, maintenance, service, repair and utility agreements) entered into before or during this
agreement by Owner or by Broker under Broker's authority under this agreement. Owner
agrees to hold Broker harmless from all claims related to any such contracts.
17. DEFAULT: A party is in default if the party fails to cure a breach within 10 days after receipt of written
demand from the other party. If either party is in default, the non-defaulting party may: (a) terminate this
agreement by providing at least 10 days written notice; (b) recover all amounts due to the non-defaulting
(TXR-2201) 2-1-18 Initialed for Identification by: Broker/Associate and Owner , Page 9 of 12
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50.000
N/A N/A
50.000
N/A N/A
50.000
N/A N/A
50.000
N/A N/A
Management
Leasing & Management Agreement concerning:
party under this agreement; (c) recover reasonable collection costs and attorney's fees; and (d) exercise
any other remedy available at law. Broker is also entitled to recover any compensation Broker would have
been entitled to receive if Owner did not breach this agreement.
18. MEDIATION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this
agreement that may arise between the parties. If the dispute cannot be resolved by negotiation, the
dispute will be submitted to mediation. The parties to the dispute will choose a mutually acceptable
mediator and will share the cost of mediation equally.
19. ATTORNEY'S FEES: If Owner or Broker is a prevailing party in any legal proceeding brought as a result of
a dispute under this agreement or any transaction related to or contemplated by this agreement, such
party will be entitled to recover from the non-prevailing party all costs of such proceeding and reasonable
attorney's fees.
20. SPECIAL PROVISIONS:
21. ADDENDA: Incorporated into this agreement are the following addenda, exhibits, and other information:
A. Information About Brokerage Services
B. Addendum Regarding Lead-Based Paint
C. Multiple Property Addendum
D. Owner's Notice Concerning Condition of Property under Property Management Agreement
E. Property Manager's Inventory and Condition Report
F. Addendum for Authorization to Act for Owner before Owners' Association
G. Copy of Rules and Regulations of an Owners' Association
H. Copy of the Owners' Association Bylaws and Deed Restrictions affecting the Property
I. IRS Form W-9
J. Owner's Authorization Concerning Unescorted Access to Property
K General Information for Landlord Regarding Assistance Animals
L.
Note: Complete and deliver to Broker IRS W-9 Form or similar form. Broker maintains a privacy
policy that is available upon request.
22. AGREEMENT OF PARTIES:
A. Entire Agreement: This document contains the entire agreement of the parties and may not be
changed except by written agreement.
B. Assignments: Neither party may assign this agreement without the written consent of the other party.
C. Binding Effect: Owner's obligation to pay Broker an earned fee is binding upon Owner and Owner's
heirs, administrators, executors, successors, and permitted assignees.
D. Joint and Several: All Owners executing this agreement are jointly and severally liable for the
performance of all its terms. Any act or notice to, refund to, or signature of, any one or more of the
Owners regarding any term of this agreement, its extension, its renewal, or its termination is binding on
all Owners executing this agreement.
E. Governing Law: Texas law governs the interpretation, validity, performance, and enforcement of this
agreement.
F. Severability: If a court finds any clause in this agreement invalid or unenforceable, the remainder of this
agreement will not be affected and all other provisions of this agreement will remain valid and
enforceable.
(TXR-2201) 2-1-18 Initialed for Identification by: Broker/Associate and Owner , Page 10 of 12
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Per paragraph 4.B.(3)Broker will provide statements and other documents
in electronic format available on Broker's website through secured Owner portal. Broker will remit
funds to Owner via electronic deposit into Owner's bank account.
Broker works with certain vendors that may provide rebate programs. Broker hereby discloses to
Owner that, if offered, Broker may accept rebates from said vendors at no cost to Owner.
X
X
X
X
X
X
Addendum for Property Information, Authorization Agreement for Direct Credit, ADDENDUM
REGARDING RENTAL FLOOD DISCLOSURE
Management
Leasing & Management Agreement concerning:
G. Context: When the context requires, singular nouns and pronouns include the plural.
H. Notices: Notices between the parties must be in writing and are effective when sent to the receiving
party's address, fax, or e-mail address specified in Paragraph 1.
I. Copyright: If an active REALTOR® member of Texas REALTORS® does not negotiate this agreement
as a party or for one of the parties, with or without the assistance of an active member of the State Bar
of Texas, this agreement is voidable at will by Owner.
23. INFORMATION:
A. Broker's fees or the sharing of fees between brokers are not fixed, controlled, recommended,
suggested, or maintained by the Association of REALTORS®, MLS, or any listing service.
B. In accordance with fair housing laws and the National Association of REALTORS® Code of
Ethics, Broker's services must be provided and the Property must be shown and made
available to all persons without regard to race, color, religion, national origin, sex, disability,
familial status, sexual orientation, or gender identity. Local ordinances may provide for
additional protected classes (for example, creed, status as a student, marital status, or age).
C. Owner may review the information Broker submits to an MLS or other listing service.
D. Broker advises Owner to remove or secure jewelry, prescription drugs, and other valuables.
E. The Property Code requires the Property to be equipped with certain types of locks and security
devices, including (with some exceptions): (1) window latches on each window; (2) a keyed
doorknob lock or keyed deadbolt lock on each exterior door; (3) a sliding door pin lock on each
exterior sliding glass door of the dwelling; (4) a sliding door handle latch or a sliding door
security bar on each exterior sliding glass door of the dwelling; and (5) a keyless bolting device
and a door viewer on each exterior door of the dwelling. The Property Code also requires
smoke alarms in certain locations. The Property Code requires the security devices to be
rekeyed and the smoke alarms to be tested each time a new tenant occupies the Property.
F. Broker advises Owner to refrain from transmitting personal information, such as bank account
numbers or other financial information, via unsecured email or other electronic communication
to reduce risk of wire fraud.
G. Broker cannot give legal advice. READ THIS AGREEMENT CAREFULLY. If you do not
understand the effect of this agreement, consult an attorney BEFORE signing.
Broker's Printed Name License No.
Broker's Signature Date
Broker's Associate's Signature, as an authorized agent of
Broker
Broker's Associate's Printed Name, if applicable
Owner's Printed Name
Owner's Signature Date
Owner's Printed Name
Owner's Signature Date
(TXR-2201) 2-1-18 Page 11 of 12
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Terra Residential Services, Inc.
0413480
X
Michael C. Mengden, Broker
Management
Leasing & Management Agreement concerning:
Index to Residential Leasing and Property Management Agreement
No. Paragraph Description Pg. No. Paragraph Description Pg.
1. Parties 1 13. Expense Reimbursement 8
2. Property 1 14. Funds Received after Termination 8
3. Term 1 15. Cooperation with Other Brokers 8
A. Primary Term
B. Automatic Extension 16. Liability and Indemnification 9
C. Effective Services 2
D. Fees Upon Termination 17. Default 9
4. Authority of Broker 2 18. Mediation 10
A. Leasing and Management Authority
B. Record Keeping 3 19. Attorney's Fees 10
C. Security Deposits
D. Deductions and Offset 20. Special Provisions 10
E. Insurance and Attorneys
F. Trust Accounts, 21. Addenda 10
MLS, Keybox, and Listing Content
G. Performance Standard 4 22. Agreement of the Parties 10
H. Inability to Contact Owner A. Entire Agreement
I. Foreclosure B. Assignments
C. Binding Effect
5. Legal Compliance 5 D. Joint and Several
E. Governing Law
6. Reserves 5 F. Severability
G. Context
7. Advances 5 H. Notices 11
I. Copyright
8. Owner's Representations 5
A. General 23. Information 11
B. Property Condition
C. Lead-Based Paint 6
9. Owner's Cooperation 6
10. Insurance 6
11. Broker's Fees 6
A. Management Fees
B. Leasing Fees for New Tenancies 7
C. Renewal or Extension Fees
D. Service Fees
E. Interest on Trust Accounts
F. Administrative Fees
G. Fees Related to Insurance and
Legal Matters
H. Fees in the Event of a Sale
I. Other 8
12. Fees Upon Termination 8
(TXR-2201) 2-1-18 Page 12 of 12
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Management
ADDENDUM FOR AUTHORIZATION TO ACT FOR OWNER BEFORE
OWNERS' ASSOCIATION
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®, INC. IS NOT AUTHORIZED.
©Texas Association of REALTORS®, Inc. 2014
ADDENDUM TO LEASING AND MANAGEMENT AGREEMENT BETWEEN THE UNDERSIGNED PARTIES
CONCERNING THE PROPERTY AT
A. Ownership of the above-referenced Property entitles Owner to membership in the
(Association).
The contact information of the manager for the Association is
.
B. Owner will provide Broker copies of all Association documents in Owners' possession.
C. Owner grants to Broker the sole and exclusive right and authority to act on Owner's behalf and appoints
Broker as Owner's attorney-in-fact to act as Owner's agent in all matters dealing with or in any way
connected with the Association relating to the above-referenced Property, including but not limited to, the
right to:
(1) negotiate agreements;
(2) request and receive from the Association, its officers, directors, or management all information,
accounting, and documents to which Owner may be entitled;
(3) vote in person or by proxy on all matters that may arise affecting the Property related to the
Association;
(4) instruct the Association where to send notices and correspondence (including instructions to send
notices to the Owner at Owner's address or to broker or to both), which as of this date, Owner instructs
Association to send notices and correspondence to:
; and
(5) advise the Association of this agreement and of any lease of the Property.
Except as expressly provided, this addendum does not obligate Broker to attend Association meetings.
D. Owner is responsible for payment of all mandatory assessments or fees payable to the Association.
(1) Owner will remit any fees or assessments payable to the Association.
(2) Broker will remit any fees or assessments payable to the Association from funds Broker receives in
trust for Owner.
E. Special Provisions:
Broker's Printed Name Date
By:
Broker's Associate's Signature
Owner Date
By:
Owner Date
By:
(TXR-2205) 1-1-14 Page 1 of 1
Phone: Fax:
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Terra Residential Services, Inc., 9977 W. Sam
Houston Parkway North, Suite 160, Houston, TX 77064
X
Terra Residential Services, Inc.
Michael C. Mengden, Broker
Terra Residential Services,Inc,14655 Northwest Fwy Ste 124 Houston,TX 77040 (713) 895-9966 (713) 895-9320 Management
Michael Mengden
GENERAL INFORMATION FOR LANDLORD
REGARDING ASSISTANCE ANIMALS
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®, INC. IS NOT AUTHORIZED.
©Texas Association of REALTORS®, Inc. 2021
In the event you receive a reasonable accommodation request for an assistance animal, the
following information may assist you in handling and evaluating such a request.
THE FAIR HOUSING ACT.
General. The federal Fair Housing Act prohibits discrimination in housing on the basis
of race, color, religion, sex, national origin, familial status and disability (handicap).
Exemptions. The Fair Housing Act prohibits discrimination in most types of housing, but
there are exemptions. In some circumstances, the Act exempts:
Owner-occupied buildings with no more than four units. Rooms or units in
dwellings containing living quarters occupied or intended to be occupied by no more
than four (4) families living independently of each other, if the owner actually
maintains and occupies one of such living quarters as his or her residence;
Single-family housing sold or rented without the use of a broker. The sale or
rental of any single-family house by an owner, provided the following conditions are
met: (i) the owner does not own or have any interest in more than three single-family
houses at any one time;(ii) the house is sold or rented without the use of a real
estate broker, agent, or salesperson or the facilities of any person in the business of
selling or renting dwellings; and (iii) if the owner selling the house does not reside in
it at the time of the sale or was not the most recent resident of the house prior to
such sale, the exemption applies only to one such sale in any 24-month period.
Housing operated by certain organizations and private clubs that limit
occupancy to members. See 42 U.S.C. 3603, 3607 and 24 C.F.R. § 100.10 for
more details.
Enforcement. At the federal level, the U.S. Department of Housing and Urban
Development (HUD) administers and enforces the federal Fair Housing Act. The Fair Housing
Act provides that if the state or city has adopted similar fair housing laws, fair housing
complaints will be referred to the state or city for enforcement. At the state level, the Texas
Workforce Commission, Civil Rights Division, administers and enforces the Texas Fair Housing
Act, which is virtually identical to the federal act.
DEFINITIONS.
Assistance Animal. An assistance animal is an animal that works, provides assistance,
or performs tasks for the benefit of a person with a disability, or provides emotional support that
alleviates one or more identified symptoms or effects of a person's disability. An assistance
animal is not considered a pet. Under the Fair Housing Act, assistance animals include service
animals, which are always dogs, and emotional support animals. Emotional support animals can
be any type of animal.
Disability. Under the Fair Housing Act, “disability” or “handicap” means a person with
physical or mental impairment which substantially limits one or more of a person's major life
activities, a record (history) of the impairment, or being regarded as having the impairment.
Major Life Activities. “Major life activities” means functions such as caring for one's self,
performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
REASONABLE ACCOMMODATION. Discrimination against a person with a disability includes
refusing to make a reasonable accommodation in rules, policies, practices, or services, when
(TXR 2226) 1-11-21 Page 1 of 4
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Terra Residential Services,Inc,14655 Northwest Fwy Ste 124 Houston,TX 77040 (713) 895-9966 (713) 895-9320 Management
Michael Mengden
such accommodations may be necessary to afford a person with a disability equal opportunity
to use and enjoy a dwelling.
If you prohibit pets in your rental property or impose other restrictions or conditions related to
pets and other animals, a reasonable accommodation request may include a request to live
with and use an assistance animal.
Generally, such a request must be granted, unless: (i) the person seeking to use and live with
the animal does not have a disability; (ii) the person seeking to use and live with the animal
does not have a disability-related need for the assistance animal; (iii) the request would impose
an undue financial and administrative burden on you; (iv) the request would fundamentally alter
the nature of your operations; (v) the specific assistance animal in question poses a direct
threat to the health or safety of others that cannot be reduced or eliminated by another
reasonable accommodation; or (vi) the specific assistance animal in question would cause
substantial physical damage to the property of others that cannot be reduced or eliminated by
another reasonable accommodation. If you refuse a requested accommodation for one of these
reasons, you should discuss with the person whether there is an alternative reasonable
accommodation that would effectively address the person's disability-related needs.
REQUESTING ADDITIONAL INFORMATION. Once a reasonable accommodation request has
been made, you may be able to ask for additional information; however, this depends on
whether the person's disability or the disability-related need for the assistance animal is readily
apparent or known.
If the person's disability is obvious, or otherwise known to you, and if the need for
the requested accommodation is also readily apparent and known, then you may not
request any additional information about the person's disability or the need for the
accommodation.
If the person's disability is known or readily apparent, but the need for the
accommodation is not readily apparent or known, you may request only information that
is necessary to evaluate the disability-related need for the accommodation. For example, a
licensed health care professional with personal knowledge of the individual may provide a
note confirming a need for an animal. The health care professionals' services may be
delivered remotely, including the over the internet.
If a disability is not obvious, you may request reliable disability-related information that: (i)
is necessary to verify that the person meets the Fair Housing Act's definition of disability; (ii)
describes the needed accommodation; and (iii) shows the relationship between the person's
disability and the need for the requested accommodation.
Information a landlord can request as the basis for supporting a non-observable disability can
include: a determination of disability from a governmental authority, the receipt of disability
benefits or services (i.e., SSDI, Medicare, or SSI for a person under 65, veteran's benefits, etc.),
eligibility for housing assistance or housing vouchers received because of disability; or
information confirming disability from a health care professional. You may not ask an applicant
or tenant to provide access to medical records or medical providers, or provide detailed or
extensive information or documentation of a person's physical or mental impairments.
INTERNET CERTIFICATIONS. HUD states that websites which sell certificates, registrations,
and licensing documents for assistance animals are not sufficient on their own to reliably
establish that an individual has a disability-related need for an emotional support animal. Instead,
(TXR 2226) 1-11-21 Page 2 of 4
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Management
HUD recommends that the documentation should include the patient's name, whether there is a
professional relationship between the healthcare professional and the patient, and the type of
animal(s) for which the reasonable accommodation is sought. The documentation should also
include information addressing the requestor's disability: whether the patient has a physical or
mental impairment, whether that impairment substantially limits at least one major life activity or
major bodily function, and how the patient will be aided by the animal(s).
PET DEPOSITS OR OTHER PET FEES. Any required pet fees, like a pet deposit, may not be
applied to assistance animals. A reasonable accommodation request for an assistance animal
cannot be conditioned on the payment of such a fee. However, the person is responsible for any
damage to the property caused by the assistance animal, excluding normal wear and tear, and
all reasonable costs associated to repair the property, if this is your practice to assess tenants
for any damage they cause.
UNIQUE ANIMALS. If the animal being considered is a dog, cat, small bird, rabbit, hamster,
gerbil, other rodent, fish, turtle, or other small, domesticated animal that is traditionally kept in
the home for pleasure rather than for commercial purposes, then the reasonable
accommodation should be granted if the landlord has information confirming that there is a
disability-related need for the animal.
However, if the animal is “unique”, like a monkey or snake, then the tenant has a burden to
demonstrate a disability-related therapeutic need for the specific animal or the specific type of
animal. There may be reasons that require a unique animal such as opposable thumbs on a
monkey or allergies to dogs. Landlords should consider the request and documentation
provided.
BREED, SIZE, AND WEIGHT RESTRICTIONS. Breed, size, and weight restrictions do not
apply to assistance animal. A decision that an assistance animal poses a direct threat of harm to
others or would cause substantial physical damage to the property of others must be based on
that animal's actual conduct and not simply on (i) fear about harm or damage an animal may
cause or (ii) evidence of harm or damage other animals have caused.
INSURANCE POLICY. In some cases, an insurance policy may contain restrictions, conditions,
or prohibitions on the types of animals or breeds in a property. If a request for an assistance
animal in your property would violate your insurance policy, this may entitle you to refuse the
request. If your insurance carrier would either cancel the insurance policy, substantially increase
the costs of the insurance policy, or adversely change the policy terms because of the presence
of a certain breed of dog or a certain animal, HUD will find that this imposes an undue financial
and administrative burden. However, the HUD investigator will verify such a claim with the
insurance company directly and consider whether comparable insurance, without the restriction,
is available in the market.
Broker cannot give legal advice. In the event you need further information or wish to
deny a request for an assistance animal, you should CONSULT AN ATTORNEY.
(TXR 2226) 1-11-21 Page 3 of 4
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Management
This form was provided by: By signing below I acknowledge that I received,
read, and understand this information.
Broker's Printed Name Landlord Date
By:
Broker's Associate's Signature Date Landlord Date
(TXR 2226) 1-11-21 Page 4 of 4
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Michael C. Mengden, Broker
Michael C. Mengden, Broker
Management
ADDENDUM REGARDING RENTAL FLOOD DISCLOSURE
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®, INC. IS NOT AUTHORIZED.
©Texas Association of REALTORS®, Inc. 2021.
ADDENDUM TO RESIDENTIAL LEASE CONCERNING THE PROPERTY AT
THIS ADDENDUM IS A DISCLOSURE OF LANDLORDS' KNOWLEDGE AS OF THE DATE
SIGNED BY THE LANDLORD. IT IS NOT A WARRANTY OF ANY KIND NOR A PREDICTION
OF FUTURE EVENTS BY LANDLORD, LANDLORD'S AGENTS, OR ANY OTHER AGENT.
A. 100-YEAR FLOODPLAIN. Landlord
is or is not aware that the dwelling you are renting
is located in a 100-year floodplain. If neither box is checked, you should assume the dwelling
is in a 100-year floodplain. Even if the dwelling is not in a 100-year floodplain, the dwelling
may still be susceptible to flooding. The Federal Emergency Management Agency (FEMA)
maintains a flood map on its Internet website that is searchable by address, at no cost, to
determine if a dwelling is located in a flood hazard area. Most tenant insurance policies do not
cover damages or loss incurred in a flood. You should seek insurance coverage that would
cover losses caused by a flood.
B. DAMAGE TO A DWELLING DUE TO FLOODING DURING THE LAST FIVE-YEAR PERIOD.
Landlord is or is not aware that the dwelling you are renting has flooded at least once
within the last five years.
*For purposes of this notice:
"100-year floodplain" means any area of land designated as a flood hazard area with a one percent or greater
chance of flooding each year by the Federal Emergency Management Agency under the National Flood
Insurance Act of 1968 (42 U.S.C. Section 4001 et seq.). A landlord is not required to disclose on the notice that
the landlord is aware that a dwelling is located in a 100-year floodplain if the elevation of the dwelling is
raised above the 100-year floodplain flood levels in accordance with federal regulations.
"Flooding" means a general or temporary condition of partial or complete inundation of a dwelling caused by:
(A) the overflow of inland or tidal waters; (B) the unusual and rapid accumulation of runoff or surface waters
from any established water source such as a river, stream, or drainage ditch; or (C) excessive rainfall.
The undersigned Tenant acknowledges receipt of the foregoing notice.
Landlord Date Tenant Date
Landlord Date Tenant Date
Tenant Date
(TXR-2015) 1-01-22 Page 1 of 1
Phone: Fax:
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Terra Residential Services,Inc,14655 Northwest Fwy Ste 124 Houston,TX 77040 (713) 895-9966 (713) 895-9320 Management
Michael Mengden
Form W-9
(Rev. October 2018)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
a
Go to www.irs.gov/FormW9 for instructions and the latest information.
Give Form to the
requester. Do not
send to the IRS.
Print or type.
See Specific Instructions on page 3.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
2 Business name/disregarded entity name, if different from above
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the
following seven boxes.
Individual/sole proprietor or
single-member LLC
C Corporation S Corporation Partnership Trust/estate
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership)
a
Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check
LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is
another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that
is disregarded from the owner should check the appropriate box for the tax classification of its owner.
Other (see instructions)
a
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):
Exempt payee code (if any)
Exemption from FATCA reporting
code (if any)
(Applies to accounts maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.) See instructions.
6 City, state, and ZIP code
Requester’s name and address (optional)
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid
backup withholding. For individuals, this is generally your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and
Number To Give the Requester for guidelines on whose number to enter.
Social security number
––
or
Employer identification number
Part II Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments
other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign
Here
Signature of
U.S. person
a
Date
a
General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, go to www.irs.gov/FormW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an
information return with the IRS must obtain your correct taxpayer
identification number (TIN) which may be your social security number
(SSN), individual taxpayer identification number (ITIN), adoption
taxpayer identification number (ATIN), or employer identification number
(EIN), to report on an information return the amount paid to you, or other
amount reportable on an information return. Examples of information
returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual
funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds)
• Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan interest),
1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might
be subject to backup withholding. See What is backup withholding,
later.
Cat. No. 10231X
Form W-9 (Rev. 10-2018)
Form W-9 (Rev. 10-2018)
Page 2
By signing the filled-out form, you:
1. Certify that the TIN you are giving is correct (or you are waiting for a
number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt
payee. If applicable, you are also certifying that as a U.S. person, your
allocable share of any partnership income from a U.S. trade or business
is not subject to the withholding tax on foreign partners' share of
effectively connected income, and
4. Certify that FATCA code(s) entered on this form (if any) indicating
that you are exempt from the FATCA reporting, is correct. See What is
FATCA reporting, later, for further information.
Note: If you are a U.S. person and a requester gives you a form other
than Form W-9 to request your TIN, you must use the requester’s form if
it is substantially similar to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien;
• A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United States;
• An estate (other than a foreign estate); or
• A domestic trust (as defined in Regulations section 301.7701-7).
Special rules for partnerships. Partnerships that conduct a trade or
business in the United States are generally required to pay a withholding
tax under section 1446 on any foreign partners’ share of effectively
connected taxable income from such business. Further, in certain cases
where a Form W-9 has not been received, the rules under section 1446
require a partnership to presume that a partner is a foreign person, and
pay the section 1446 withholding tax. Therefore, if you are a U.S. person
that is a partner in a partnership conducting a trade or business in the
United States, provide Form W-9 to the partnership to establish your
U.S. status and avoid section 1446 withholding on your share of
partnership income.
In the cases below, the following person must give Form W-9 to the
partnership for purposes of establishing its U.S. status and avoiding
withholding on its allocable share of net income from the partnership
conducting a trade or business in the United States.
• In the case of a disregarded entity with a U.S. owner, the U.S. owner
of the disregarded entity and not the entity;
• In the case of a grantor trust with a U.S. grantor or other U.S. owner,
generally, the U.S. grantor or other U.S. owner of the grantor trust and
not the trust; and
• In the case of a U.S. trust (other than a grantor trust), the U.S. trust
(other than a grantor trust) and not the beneficiaries of the trust.
Foreign person. If you are a foreign person or the U.S. branch of a
foreign bank that has elected to be treated as a U.S. person, do not use
Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see
Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign
Entities).
Nonresident alien who becomes a resident alien. Generally, only a
nonresident alien individual may use the terms of a tax treaty to reduce
or eliminate U.S. tax on certain types of income. However, most tax
treaties contain a provision known as a “saving clause.” Exceptions
specified in the saving clause may permit an exemption from tax to
continue for certain types of income even after the payee has otherwise
become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an exception
contained in the saving clause of a tax treaty to claim an exemption
from U.S. tax on certain types of income, you must attach a statement
to Form W-9 that specifies the following five items.
1. The treaty country. Generally, this must be the same treaty under
which you claimed exemption from tax as a nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that contains the
saving clause and its exceptions.
4. The type and amount of income that qualifies for the exemption
from tax.
5. Sufficient facts to justify the exemption from tax under the terms of
the treaty article.
Example. Article 20 of the U.S.-China income tax treaty allows an
exemption from tax for scholarship income received by a Chinese
student temporarily present in the United States. Under U.S. law, this
student will become a resident alien for tax purposes if his or her stay in
the United States exceeds 5 calendar years. However, paragraph 2 of
the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows
the provisions of Article 20 to continue to apply even after the Chinese
student becomes a resident alien of the United States. A Chinese
student who qualifies for this exception (under paragraph 2 of the first
protocol) and is relying on this exception to claim an exemption from tax
on his or her scholarship or fellowship income would attach to Form
W-9 a statement that includes the information described above to
support that exemption.
If you are a nonresident alien or a foreign entity, give the requester the
appropriate completed Form W-8 or Form 8233.
Backup Withholding
What is backup withholding? Persons making certain payments to you
must under certain conditions withhold and pay to the IRS 24% of such
payments. This is called “backup withholding.” Payments that may be
subject to backup withholding include interest, tax-exempt interest,
dividends, broker and barter exchange transactions, rents, royalties,
nonemployee pay, payments made in settlement of payment card and
third party network transactions, and certain payments from fishing boat
operators. Real estate transactions are not subject to backup
withholding.
You will not be subject to backup withholding on payments you
receive if you give the requester your correct TIN, make the proper
certifications, and report all your taxable interest and dividends on your
tax return.
Payments you receive will be subject to backup withholding if:
1. You do not furnish your TIN to the requester,
2. You do not certify your TIN when required (see the instructions for
Part II for details),
3. The IRS tells the requester that you furnished an incorrect TIN,
4. The IRS tells you that you are subject to backup withholding
because you did not report all your interest and dividends on your tax
return (for reportable interest and dividends only), or
5. You do not certify to the requester that you are not subject to
backup withholding under 4 above (for reportable interest and dividend
accounts opened after 1983 only).
Certain payees and payments are exempt from backup withholding.
See Exempt payee code, later, and the separate Instructions for the
Requester of Form W-9 for more information.
Also see Special rules for partnerships, earlier.
What is FATCA Reporting?
The Foreign Account Tax Compliance Act (FATCA) requires a
participating foreign financial institution to report all United States
account holders that are specified United States persons. Certain
payees are exempt from FATCA reporting. See Exemption from FATCA
reporting code, later, and the Instructions for the Requester of Form
W-9 for more information.
Updating Your Information
You must provide updated information to any person to whom you
claimed to be an exempt payee if you are no longer an exempt payee
and anticipate receiving reportable payments in the future from this
person. For example, you may need to provide updated information if
you are a C corporation that elects to be an S corporation, or if you no
longer are tax exempt. In addition, you must furnish a new Form W-9 if
the name or TIN changes for the account; for example, if the grantor of a
grantor trust dies.
Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a
requester, you are subject to a penalty of $50 for each such failure
unless your failure is due to reasonable cause and not to willful neglect.
Civil penalty for false information with respect to withholding. If you
make a false statement with no reasonable basis that results in no
backup withholding, you are subject to a $500 penalty.
Form W-9 (Rev. 10-2018)
Page 3
Criminal penalty for falsifying information. Willfully falsifying
certifications or affirmations may subject you to criminal penalties
including fines and/or imprisonment.
Misuse of TINs. If the requester discloses or uses TINs in violation of
federal law, the requester may be subject to civil and criminal penalties.
Specific Instructions
Line 1
You must enter one of the following on this line; do not leave this line
blank. The name should match the name on your tax return.
If this Form W-9 is for a joint account (other than an account
maintained by a foreign financial institution (FFI)), list first, and then
circle, the name of the person or entity whose number you entered in
Part I of Form W-9. If you are providing Form W-9 to an FFI to document
a joint account, each holder of the account that is a U.S. person must
provide a Form W-9.
a. Individual. Generally, enter the name shown on your tax return. If
you have changed your last name without informing the Social Security
Administration (SSA) of the name change, enter your first name, the last
name as shown on your social security card, and your new last name.
Note: ITIN applicant: Enter your individual name as it was entered on
your Form W-7 application, line 1a. This should also be the same as the
name you entered on the Form 1040/1040A/1040EZ you filed with your
application.
b. Sole proprietor or single-member LLC. Enter your individual
name as shown on your 1040/1040A/1040EZ on line 1. You may enter
your business, trade, or “doing business as” (DBA) name on line 2.
c. Partnership, LLC that is not a single-member LLC, C
corporation, or S corporation. Enter the entity's name as shown on the
entity's tax return on line 1 and any business, trade, or DBA name on
line 2.
d. Other entities. Enter your name as shown on required U.S. federal
tax documents on line 1. This name should match the name shown on the
charter or other legal document creating the entity. You may enter any
business, trade, or DBA name on line 2.
e. Disregarded entity. For U.S. federal tax purposes, an entity that is
disregarded as an entity separate from its owner is treated as a
“disregarded entity.” See Regulations section 301.7701-2(c)(2)(iii). Enter
the owner's name on line 1. The name of the entity entered on line 1
should never be a disregarded entity. The name on line 1 should be the
name shown on the income tax return on which the income should be
reported. For example, if a foreign LLC that is treated as a disregarded
entity for U.S. federal tax purposes has a single owner that is a U.S.
person, the U.S. owner's name is required to be provided on line 1. If
the direct owner of the entity is also a disregarded entity, enter the first
owner that is not disregarded for federal tax purposes. Enter the
disregarded entity's name on line 2, “Business name/disregarded entity
name.” If the owner of the disregarded entity is a foreign person, the
owner must complete an appropriate Form W-8 instead of a Form W-9.
This is the case even if the foreign person has a U.S. TIN.
Line 2
If you have a business name, trade name, DBA name, or disregarded
entity name, you may enter it on line 2.
Line 3
Check the appropriate box on line 3 for the U.S. federal tax
classification of the person whose name is entered on line 1. Check only
one box on line 3.
IF the entity/person on line 1 is
a(n) . . .
THEN check the box for . . .
• Corporation Corporation
• Individual
• Sole proprietorship, or
• Single-member limited liability
company (LLC) owned by an
individual and disregarded for U.S.
federal tax purposes.
Individual/sole proprietor or single-
member LLC
• LLC treated as a partnership for
U.S. federal tax purposes,
• LLC that has filed Form 8832 or
2553 to be taxed as a corporation,
or
• LLC that is disregarded as an
entity separate from its owner but
the owner is another LLC that is
not disregarded for U.S. federal tax
purposes.
Limited liability company and enter
the appropriate tax classification.
(P= Partnership; C= C corporation;
or S= S corporation)
• Partnership Partnership
• Trust/estate Trust/estate
Line 4, Exemptions
If you are exempt from backup withholding and/or FATCA reporting,
enter in the appropriate space on line 4 any code(s) that may apply to
you.
Exempt payee code.
• Generally, individuals (including sole proprietors) are not exempt from
backup withholding.
• Except as provided below, corporations are exempt from backup
withholding for certain payments, including interest and dividends.
• Corporations are not exempt from backup withholding for payments
made in settlement of payment card or third party network transactions.
• Corporations are not exempt from backup withholding with respect to
attorneys’ fees or gross proceeds paid to attorneys, and corporations
that provide medical or health care services are not exempt with respect
to payments reportable on Form 1099-MISC.
The following codes identify payees that are exempt from backup
withholding. Enter the appropriate code in the space in line 4.
1—An organization exempt from tax under section 501(a), any IRA, or
a custodial account under section 403(b)(7) if the account satisfies the
requirements of section 401(f)(2)
2—The United States or any of its agencies or instrumentalities
3—A state, the District of Columbia, a U.S. commonwealth or
possession, or any of their political subdivisions or instrumentalities
4—A foreign government or any of its political subdivisions, agencies,
or instrumentalities
5—A corporation
6—A dealer in securities or commodities required to register in the
United States, the District of Columbia, or a U.S. commonwealth or
possession
7—A futures commission merchant registered with the Commodity
Futures Trading Commission
8—A real estate investment trust
9—An entity registered at all times during the tax year under the
Investment Company Act of 1940
10—A common trust fund operated by a bank under section 584(a)
11—A financial institution
12—A middleman known in the investment community as a nominee or
custodian
13—A trust exempt from tax under section 664 or described in section
4947
Form W-9 (Rev. 10-2018)
Page 4
The following chart shows types of payments that may be exempt
from backup withholding. The chart applies to the exempt payees listed
above, 1 through 13.
IF the payment is for . . . THEN the payment is exempt
for . . .
Interest and dividend payments All exempt payees except
for 7
Broker transactions Exempt payees 1 through 4 and 6
through 11 and all C corporations.
S corporations must not enter an
exempt payee code because they
are exempt only for sales of
noncovered securities acquired
prior to 2012.
Barter exchange transactions and
patronage dividends
Exempt payees 1 through 4
Payments over $600 required to be
reported and direct sales over
$5,000
1
Generally, exempt payees
1 through 5
2
Payments made in settlement of
payment card or third party network
transactions
Exempt payees 1 through 4
1
See Form 1099-MISC, Miscellaneous Income, and its instructions.
2
However, the following payments made to a corporation and
reportable on Form 1099-MISC are not exempt from backup
withholding: medical and health care payments, attorneys’ fees, gross
proceeds paid to an attorney reportable under section 6045(f), and
payments for services paid by a federal executive agency.
Exemption from FATCA reporting code. The following codes identify
payees that are exempt from reporting under FATCA. These codes
apply to persons submitting this form for accounts maintained outside
of the United States by certain foreign financial institutions. Therefore, if
you are only submitting this form for an account you hold in the United
States, you may leave this field blank. Consult with the person
requesting this form if you are uncertain if the financial institution is
subject to these requirements. A requester may indicate that a code is
not required by providing you with a Form W-9 with “Not Applicable” (or
any similar indication) written or printed on the line for a FATCA
exemption code.
A—An organization exempt from tax under section 501(a) or any
individual retirement plan as defined in section 7701(a)(37)
B—The United States or any of its agencies or instrumentalities
C—A state, the District of Columbia, a U.S. commonwealth or
possession, or any of their political subdivisions or instrumentalities
D—A corporation the stock of which is regularly traded on one or
more established securities markets, as described in Regulations
section 1.1472-1(c)(1)(i)
E—A corporation that is a member of the same expanded affiliated
group as a corporation described in Regulations section 1.1472-1(c)(1)(i)
F—A dealer in securities, commodities, or derivative financial
instruments (including notional principal contracts, futures, forwards,
and options) that is registered as such under the laws of the United
States or any state
G—A real estate investment trust
H—A regulated investment company as defined in section 851 or an
entity registered at all times during the tax year under the Investment
Company Act of 1940
I—A common trust fund as defined in section 584(a)
J—A bank as defined in section 581
K—A broker
L—A trust exempt from tax under section 664 or described in section
4947(a)(1)
M—A tax exempt trust under a section 403(b) plan or section 457(g)
plan
Note: You may wish to consult with the financial institution requesting
this form to determine whether the FATCA code and/or exempt payee
code should be completed.
Line 5
Enter your address (number, street, and apartment or suite number).
This is where the requester of this Form W-9 will mail your information
returns. If this address differs from the one the requester already has on
file, write NEW at the top. If a new address is provided, there is still a
chance the old address will be used until the payor changes your
address in their records.
Line 6
Enter your city, state, and ZIP code.
Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and
you do not have and are not eligible to get an SSN, your TIN is your IRS
individual taxpayer identification number (ITIN). Enter it in the social
security number box. If you do not have an ITIN, see How to get a TIN
below.
If you are a sole proprietor and you have an EIN, you may enter either
your SSN or EIN.
If you are a single-member LLC that is disregarded as an entity
separate from its owner, enter the owner’s SSN (or EIN, if the owner has
one). Do not enter the disregarded entity’s EIN. If the LLC is classified as
a corporation or partnership, enter the entity’s EIN.
Note: See What Name and Number To Give the Requester, later, for
further clarification of name and TIN combinations.
How to get a TIN. If you do not have a TIN, apply for one immediately.
To apply for an SSN, get Form SS-5, Application for a Social Security
Card, from your local SSA office or get this form online at
www.SSA.gov. You may also get this form by calling 1-800-772-1213.
Use Form W-7, Application for IRS Individual Taxpayer Identification
Number, to apply for an ITIN, or Form SS-4, Application for Employer
Identification Number, to apply for an EIN. You can apply for an EIN
online by accessing the IRS website at www.irs.gov/Businesses and
clicking on Employer Identification Number (EIN) under Starting a
Business. Go to www.irs.gov/Forms to view, download, or print Form
W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to
place an order and have Form W-7 and/or SS-4 mailed to you within 10
business days.
If you are asked to complete Form W-9 but do not have a TIN, apply
for a TIN and write “Applied For” in the space for the TIN, sign and date
the form, and give it to the requester. For interest and dividend
payments, and certain payments made with respect to readily tradable
instruments, generally you will have 60 days to get a TIN and give it to
the requester before you are subject to backup withholding on
payments. The 60-day rule does not apply to other types of payments.
You will be subject to backup withholding on all such payments until
you provide your TIN to the requester.
Note: Entering “Applied For” means that you have already applied for a
TIN or that you intend to apply for one soon.
Caution: A disregarded U.S. entity that has a foreign owner must use
the appropriate Form W-8.
Part II. Certification
To establish to the withholding agent that you are a U.S. person, or
resident alien, sign Form W-9. You may be requested to sign by the
withholding agent even if item 1, 4, or 5 below indicates otherwise.
For a joint account, only the person whose TIN is shown in Part I
should sign (when required). In the case of a disregarded entity, the
person identified on line 1 must sign. Exempt payees, see
Exempt payee
code,
earlier.
Signature requirements. Complete the certification as indicated in
items 1 through 5 below.
Form W-9 (Rev. 10-2018)
Page 5
1. Interest, dividend, and barter exchange accounts opened
before 1984 and broker accounts considered active during 1983.
You must give your correct TIN, but you do not have to sign the
certification.
2. Interest, dividend, broker, and barter exchange accounts
opened after 1983 and broker accounts considered inactive during
1983. You must sign the certification or backup withholding will apply. If
you are subject to backup withholding and you are merely providing
your correct TIN to the requester, you must cross out item 2 in the
certification before signing the form.
3. Real estate transactions. You must sign the certification. You may
cross out item 2 of the certification.
4. Other payments. You must give your correct TIN, but you do not
have to sign the certification unless you have been notified that you
have previously given an incorrect TIN. “Other payments” include
payments made in the course of the requester’s trade or business for
rents, royalties, goods (other than bills for merchandise), medical and
health care services (including payments to corporations), payments to
a nonemployee for services, payments made in settlement of payment
card and third party network transactions, payments to certain fishing
boat crew members and fishermen, and gross proceeds paid to
attorneys (including payments to corporations).
5. Mortgage interest paid by you, acquisition or abandonment of
secured property, cancellation of debt, qualified tuition program
payments (under section 529), ABLE accounts (under section 529A),
IRA, Coverdell ESA, Archer MSA or HSA contributions or
distributions, and pension distributions. You must give your correct
TIN, but you do not have to sign the certification.
What Name and Number To Give the Requester
For this type of account: Give name and SSN of:
1. Individual The individual
2. Two or more individuals (joint
account) other than an account
maintained by an FFI
The actual owner of the account or, if
combined funds, the first individual on
the account
1
3. Two or more U.S. persons
(joint account maintained by an FFI)
Each holder of the account
4. Custodial account of a minor
(Uniform Gift to Minors Act)
The minor
2
5. a. The usual revocable savings trust
(grantor is also trustee)
b. So-called trust account that is not
a legal or valid trust under state law
The grantor-trustee
1
The actual owner
1
6. Sole proprietorship or disregarded
entity owned by an individual
The owner
3
7. Grantor trust filing under Optional
Form 1099 Filing Method 1 (see
Regulations section 1.671-4(b)(2)(i)
(A))
The grantor*
For this type of account: Give name and EIN of:
8. Disregarded entity not owned by an
individual
The owner
9. A valid trust, estate, or pension trust
Legal entity
4
10. Corporation or LLC electing
corporate status on Form 8832 or
Form 2553
The corporation
11. Association, club, religious,
charitable, educational, or other tax-
exempt organization
The organization
12. Partnership or multi-member LLC
The partnership
13. A broker or registered nominee
The broker or nominee
For this type of account: Give name and EIN of:
14. Account with the Department of
Agriculture in the name of a public
entity (such as a state or local
government, school district, or
prison) that receives agricultural
program payments
The public entity
15.
Grantor trust filing under the Form
1041 Filing Method or the Optional
Form 1099 Filing Method 2 (see
Regulations section 1.671-4(b)(2)(i)(B))
The trust
1
List first and circle the name of the person whose number you furnish.
If only one person on a joint account has an SSN, that person’s number
must be furnished.
2
Circle the minor’s name and furnish the minor’s SSN.
3
You must show your individual name and you may also enter your
business or DBA name on the “Business name/disregarded entity”
name line. You may use either your SSN or EIN (if you have one), but the
IRS encourages you to use your SSN.
4
List first and circle the name of the trust, estate, or pension trust. (Do
not furnish the TIN of the personal representative or trustee unless the
legal entity itself is not designated in the account title.) Also see Special
rules for partnerships, earlier.
*Note: The grantor also must provide a Form W-9 to trustee of trust.
Note: If no name is circled when more than one name is listed, the
number will be considered to be that of the first name listed.
Secure Your Tax Records From Identity Theft
Identity theft occurs when someone uses your personal information
such as your name, SSN, or other identifying information, without your
permission, to commit fraud or other crimes. An identity thief may use
your SSN to get a job or may file a tax return using your SSN to receive
a refund.
To reduce your risk:
• Protect your SSN,
• Ensure your employer is protecting your SSN, and
• Be careful when choosing a tax preparer.
If your tax records are affected by identity theft and you receive a
notice from the IRS, respond right away to the name and phone number
printed on the IRS notice or letter.
If your tax records are not currently affected by identity theft but you
think you are at risk due to a lost or stolen purse or wallet, questionable
credit card activity or credit report, contact the IRS Identity Theft Hotline
at 1-800-908-4490 or submit Form 14039.
For more information, see Pub. 5027, Identity Theft Information for
Taxpayers.
Victims of identity theft who are experiencing economic harm or a
systemic problem, or are seeking help in resolving tax problems that
have not been resolved through normal channels, may be eligible for
Taxpayer Advocate Service (TAS) assistance. You can reach TAS by
calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD
1-800-829-4059.
Protect yourself from suspicious emails or phishing schemes.
Phishing is the creation and use of email and websites designed to
mimic legitimate business emails and websites. The most common act
is sending an email to a user falsely claiming to be an established
legitimate enterprise in an attempt to scam the user into surrendering
private information that will be used for identity theft.
Form W-9 (Rev. 10-2018)
Page 6
The IRS does not initiate contacts with taxpayers via emails. Also, the
IRS does not request personal detailed information through email or ask
taxpayers for the PIN numbers, passwords, or similar secret access
information for their credit card, bank, or other financial accounts.
If you receive an unsolicited email claiming to be from the IRS,
forward this message to [email protected]. You may also report misuse
of the IRS name, logo, or other IRS property to the Treasury Inspector
General for Tax Administration (TIGTA) at 1-800-366-4484. You can
forward suspicious emails to the Federal Trade Commission at
[email protected] or report them at www.ftc.gov/complaint. You can
contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT (877-438-4338).
If you have been the victim of identity theft, see www.IdentityTheft.gov
and Pub. 5027.
Visit www.irs.gov/IdentityTheft to learn more about identity theft and
how to reduce your risk.
Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your
correct TIN to persons (including federal agencies) who are required to
file information returns with the IRS to report interest, dividends, or
certain other income paid to you; mortgage interest you paid; the
acquisition or abandonment of secured property; the cancellation of
debt; or contributions you made to an IRA, Archer MSA, or HSA. The
person collecting this form uses the information on the form to file
information returns with the IRS, reporting the above information.
Routine uses of this information include giving it to the Department of
Justice for civil and criminal litigation and to cities, states, the District of
Columbia, and U.S. commonwealths and possessions for use in
administering their laws. The information also may be disclosed to other
countries under a treaty, to federal and state agencies to enforce civil
and criminal laws, or to federal law enforcement and intelligence
agencies to combat terrorism. You must provide your TIN whether or
not you are required to file a tax return. Under section 3406, payers
must generally withhold a percentage of taxable interest, dividend, and
certain other payments to a payee who does not give a TIN to the payer.
Certain penalties may also apply for providing false or fraudulent
information.
Initialed for Identification by Broker/Associate __________ and Owner __________, __________ Page 1 of 3
TERRA RESIDENTIAL SERVICES, INC. CRMC
®
terraresidential.com
9977 W. Sam Houston Pkwy. N., Suite 160, Houston, TX 77064 713.895.9966 Fax 713.895.9320
Houston’s first Certified Residential Management Company
Specializing in Investment Brokerage and Management Since 1990
------------------------------------------------------------
ADDENDUM FOR PROPERTY INFORMATION
Property address: _______________________________________________________________________________
Homeowner’s Assoc.
N/A, None. Bills are due Annually, Monthly Other _____________________________
Broker will pay dues from Owner available funds whether dues are paid monthly or annually. Annual dues are typically
paid within the month due i.e. if due by January 31 Broker will typically pay before January 10. If dues are to be paid
monthly, the reserves in Paragraph 6 of the Management Agreement will be increased by one month’s dues.
Insurance (Hazard/Liability) Company. Insurance premiums paid by:
Mortgage Company Owner Broker.
____________________________________________________________________________________________
____________________________________________________________________________________________
(Please provide Insurance Company name, Policy #, Agent name, address, and telephone number if not on policy provided)
Please provide a copy of the Declaration Pages of your landlord, rental, hazard and/or liability insurance policies. These
pages will show the main terms of the policy, deductibles, claim telephone numbers, etc. that Broker needs to verify
proper insurance and will need if it becomes necessary for Broker to assist in filing a claim. Please note that Broker
cannot begin property management without this copy. If not already done, the policy may need to be changed from
a homeowner’s to a landlord or rental policy before a tenant moves in. It will need to be updated to add Broker as a co-
insured or additional insured. Should Owner not be able to provide evidence of adding Broker as a co-insured or
additional insured, Broker needs to be added as an additional interest so Broker receives a copy of the policy each year
from the insurer to prove continued coverage. If Broker cannot be or is not named as a co-insured or additional insured,
the property will be added to Broker’s umbrella liability policy and Owner will be assessed an annual nominal fee in
November. Should Owner need assistance, Broker can communicate with the insurance company, or Broker can
provide qualified insurance brokers to Owner.
Insurance (Flood) Company.
N/A, None Insurance premiums paid by: Mortgage Company Owner Broker.
____________________________________________________________________________________________
____________________________________________________________________________________________
(Please include Insurance Company name, Policy #, Agent name, address, and telephone number)
Due to our area, Broker recommends that all property maintain flood insurance. If available, please provide a copy of the
Declaration Pages of your flood policy.
Mortgage Company: _______________________________________________________________
N/A, No loan
Mortgage
contains does not contain an escrow account that includes reserves for: Taxes Insurance.
Due to representations made in the management agreement and any lease on the Property, Broker requires a copy of
the most recent mortgage statement proving that the mortgage is current as of the commencement date of the
management agreement. Please note that Broker cannot begin property management without this copy.
Property Taxes: Bills are to be paid by:
Mortgage Company, Owner, Broker. If paid by Broker, Broker will set up a
partial year escrow to reserve funds to timely pay the taxes. Owner will be assessed an annual nominal fee for this
service payable when the taxes are paid.
Initialed for Identification by Broker/Associate __________ and Owner __________, __________ Page 2 of 3
Leasing and Management Agreement Addendum concerning
___________________________________________________________
Pets and Service/Assistance Animals
Broker notifies Owner that Broker will accept pets on a case by case basis with proper documentation, screening, and
deposits. Most tenants renting homes have pets, and owners that do not allow pets have their homes remain unrented
and on the market substantially longer than homes that do allow pets. Broker will follow all applicable laws and
restrictions regarding numbers and size of pets allowed. Broker will not approve aggressive dog breeds and sizes that
would commonly be restricted by insurance policies as pets. Owner understands that even if they restrict pets; valid
service/assistance animals are not pets and are allowed per federal law. See “General Information for Landlord
Regarding Assistance Animals Addendum.” Any damages caused by the service/assistance animal are subject to be
deducted from the Tenant’s deposit just like any other damage. Please discuss with Broker if there are any questions.
Utilities and Yard Care: If the property will be vacant at start of management, Owner agrees to continue utilities and yard
care until the property is leased. Exceptions: ___________________________________________________________
On most leases tenants are responsible for all utilities and yard care during the term of the lease. If the tenant will not be
responsible per the lease, the following utilities or yard care will be provided by and paid by:
N/A all paid by Tenant
Utility (electric, gas, water/sewer, garbage, yard/landscaping, etc) Paid By (HOA, Owner, Broker, Etc.):
_________________________________________________ ________________________________________
_________________________________________________ ________________________________________
Pools and Spas: Property
does, does not have a pool and/or outdoor spa. Broker notifies Owner that Broker will not
manage a property with a pool without having a professional pool service company responsible for pool maintenance
and repairs. If Owner is moving and has been taking care of the pool by themselves, Broker has pool companies
available that can be hired on Owner’s behalf. If Owner has a current pool service, Broker can sign that company up on
the preferred vendor list and take over contact and payment.
Existing pool Company, if any:_______________________________________________________________________
Initial Property Visit, the Texas Property Code and your Rental Home:
The Texas Property Code controls the operation of a rental home in the state of Texas. There are certain items that
must be present in a rental home that will not be present in an owner-occupied property. Some of these code items are
different from builders’ codes so even new homes will not be in compliance. Broker’s company policy dictates that upon
signing a new property management account (whether the property will be a first time rental or a transfer from another
manager); Broker will visit the property to determine the existing condition of the home including these mandatory items,
and will also provide a good indicator of any needed maintenance or other concerns. Broker will take multiple pictures of
the home, both inside and out.
The mandatory checks concern security devices and smoke alarms. All rental properties need to have working locks on
all windows, and extra locks, typically referred to as keyless deadbolts, on every exterior door (or pinlocks for sliding
glass doors). The property also must be rekeyed during any turnover (whether that is between tenants or between the
owner moving out and the first tenant moving in). If these items are needed, Broker will contact a licensed locksmith that
will perform the needed work at Owner expense and that will provide an invoice that the property is compliant. On a
typical home with 3 exterior doors (and only if needed) rekeying should be approximately $75 - $100 and adding the
extra locks should be about $50 per door. The second item is that all Texas rental properties must have a sufficient
number of smoke alarms, including one in each bedroom. Landlords are required to periodically inspect these. Missing
or non-working alarms will be replaced. Most recently built homes will already have a sufficient number of smoke alarms
and should not need any more alarms installed.
If the property will be vacant at start of management and is rent ready” there is no set up or initial fees owed to get the
property on the market for rent. If the property is not “rent ready” and needs repairs or other activities to be performed by
Broker prior to placing the first tenant, Broker may charge an upfront coordinator fee for contracting and/or overseeing
these activities. Broker and Owner will discuss any such potential fees after Broker visits the property and before any
work is performed.
Page 3 of 3
Leasing and Management Agreement Addendum concerning
___________________________________________________________
Periodic Property Visits:
To accomplish the periodic mandatory checks for proper security devices, smoke alarms, and the necessity to view the
property, Broker will contract with a professional, unbiased third-party company that provides these services. This
company will document the condition of the home including these mandatory items, deferred maintenance and/or other
concerns. Multiple photos of the home, both inside and out, will be included in the assessment. The report will be
uploaded to Owner’s online portal and any items requiring repairs will either be addressed or discussed with Owner.
The fee will be charged to Owner’s account. Broker will typically attempt to schedule this once a year around the time
for the renewal of the tenant’s lease. This will assist Broker and Owner in determining how the tenant is maintaining the
property and if there are any issues to be addressed.
Warranty:
Builder Warranty Home Warranty Specific Appliance:________________________ N/A, None
____________________________________________________________________________________________
____________________________________________________________________________________________
(Please include Warranty Company or Builder Name, Policy # (if any), address, contact, and coverages)
If the property is covered by the builder warranty for a newer home, or another type of home warranty typically obtained
at the purchase, Broker MUST be informed of this and have copies of the policy and the above information by the
time the management agreement is executed.
Notice: Owner understands that home warranty companies were designed for owner occupied properties and do not
follow Texas Property Code laws. Owner and Broker are subject to such laws in the state of Texas which dictate that
some repairs will need to be completed sooner than the warranty allows. This means that Broker cannot use the
warranty for those types of repairs. As an example, many emergency type items must be repaired before 7 days per
state law, but the warranty companies can by agreement take much longer. Air conditioning and heating have an even
shorter window during various times of the year. Many tenants in homes with a home warranty do not renew leases
because of the slow response times and multiple repairs for the same issue -- costing Owner much more in turnover and
lost rents. Broker hereby notifies Owner that in the case of a Home Warranty maintenance request that there will be a
$100 minimum coordination fee charged in addition to the service fee charged by the Home Warranty company. Owner
will be responsible for any renewal or extension of any home warranty - which Broker does not recommend.
Significant repairs made or needed over the past few years: _______________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
Anything additional thought to be of importance to Broker (if in doubt, include it):
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
Please attach any copies of documents requested above, significant repair bills/bids, or any other documents
considered to be helpful to Broker. If in doubt, send it.
Broker: Terra Residential Services, Inc. CRMC
®
______________________________________________
Owners Signature Date
By: _______________________________________ ______________________________________________
Michael C. Mengden, President Date Owner’s Signature Date
AUTHORIZATION AGREEMENT FOR
ACH DIRECT CREDIT
I hereby authorize TERRA RESIDENTIAL SERVICES, INC., hereinafter called Company,
to initiate ACH credit entries to my (our) account indicated below at the depository named
below, hereinafter called Depository.
New Authorization Change to existing Authorization
Name on Account _________________________________________________________________
Bank Name:______________________________________________________________________
City/St: _________________________________________ Zip: _____________________________
Transit Routing No. (ABA): __________________________________________________________
Account No.: _____________________________________________________________________
Type of Account: Checking Savings
This authority will remain in full force and effect until Company has received notification from the undersigned
(or either of them, if more than one), in writing, in such time and such manner as to afford Company and
Depository a reasonable time to act on it.
_________________________________ ________________________________
Name Name
_________________________________ ________________________________
Social Security or Tax I.D. Number Social Security or Tax I.D. Number
_________________________________ ________________________________
Signature Signature
_________________________________ ________________________________
Date Date
-------------------------------------------------------
Instructions: Please complete the above requested information. Name on Account should be
identical to the records at your Bank. The Transit Routing No. (ABA) is at the bottom of your check, along
with the check number, and the account number. Please attach a copy of one of your checks, or a voided
check (not a deposit slip). Sign and date. You may return it via FAX to (713) 895-9320, scanned and
emailed to [email protected] or mailed to 9977 W Sam Houston Parkway N, Suite 160,
Houston, TX 77064. It will take approximately 2-3 weeks to activate this service after receipt of this
Authorization.
-------------------------------------------------------
*/-
OFFICE USE ONLY
Client Code: ______________________________________________________
SeaCoast Set Up:__________________________________________________
PROMAS Adv. Sch. ACH Dist. Set Up: _________________________________
ADDENDUM REGARDING LEAD-BASED PAINT
For use in the lease of residential property built before 1978.
ADDENDUM TO RESIDENTIAL LEASE CONCERNING THE PROPERTY AT
A. LEAD WARNING STATEMENT: Housing built before 1978 may contain lead-based paint. Lead from paint, paint
chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young
children and pregnant women. Before renting pre-1978 housing, lessors (landlords) must disclose the presence of
known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees (tenants) must also receive a
federally approved pamphlet on lead poisoning prevention.
B. DISCLOSURE:
(1) Presence of lead-based paint and/or lead-based paint hazards. (Check (a) or (b)).
(a) Landlord knows of the following lead-based paint and/or lead-based paint hazards in the Property:
.
(b) Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the Property.
(2) Records and reports available to Landlord. (Check (a) or (b)).
(a) Landlord has provided Tenant with all available records and reports pertaining to lead-based paint and/or
lead-based paint hazards in the Property which are listed here:
.
(b) Landlord has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the
Property.
C. TENANT'S ACKNOWLEDGEMENT:
(1) Tenant has received copies of all information listed in Paragraph B.
(2) Tenant has received the pamphlet entitled Protect Your Family from Lead in Your Home.
D. AGENTS' NOTICE TO LANDLORD AND ACKNOWLEDGEMENT:
(1) The brokers and agents to the lease notify Landlord that Landlord must: (a) provide Tenant with the EPA-approved
pamphlet on lead poisoning prevention; (b) complete this addendum; (c) disclose any known lead-based paint
and/or lead-based paint hazard in the Property; (d) deliver all records and reports to Tenant pertaining lead-based
paint and/or lead-based paint hazards in the Property; and (e) retain a copy of this addendum for at least 3 years.
(2) The brokers and agents to the lease have advised Landlord of Landlord's obligations under 42 U.S.C. 4852d and
are aware of his/her responsibility to ensure compliance.
E. CERTIFICATION OF ACCURACY: The undersigned have reviewed the information above and certify, to the best of
their knowledge, that the information they have provided is true and correct.
Landlord Date
Landlord Date
Listing Broker/Agent or Property Manager Date
Other Broker/Agent Date
Tenant Date
Tenant Date
Tenant Date
Tenant Date
(TXR-2008) 10-14-03 Page 1 of 1
Phone: Fax:
Produced with Lone Wolf Transactions (zipForm Edition) 231 Shearson Cr. Cambridge, Ontario, Canada N1T 1J5 www.lwolf.com
Michael C. Mengden, Broker
Terra Residential Services,Inc,14655 Northwest Fwy Ste 124 Houston,TX 77040 (713) 895-9966 (713) 895-9320 Management
Michael Mengden
OWNER'S NOTICE CONCERNING CONDITION OF PROPERTY
UNDER PROPERTY MANAGEMENT AGREEMENT
©Texas Association of REALTORS®, Inc. 2004
CONCERNING THE PROPERTY AT
OWNER IS TO COMPLETE THIS FORM TO THE BEST OF THE OWNER'S KNOWLEDGE. THIS NOTICE
IS NOT A WARRANTY OF ANY KIND.
Section 1. The Property has the items marked below: (Mark Yes (Y), No (N), or Unknown (U).)
Item
Y N U
Additional Information
Central A/C electric gas heat pump number of units:
Wall/Window AC Units number of units:
Evaporative Coolers number of units:
Central Heat electric gas heat pump number of units:
Other Heat if yes describe:
Fireplace & Chimney woodburning (no.) mock (no.) other:
Gas Logs in Fireplace
Ceiling Fans number of units:
Carport attached not attached
Garage attached not attached
Garage Door Openers number of units: number of remotes:
Fences wood chain-link other
Patio/Decking describe:
Outdoor Grill location:
Hot Tub/Spa
Pool in-ground above ground / heater: yes no
Underground Lawn Sprinkler automatic manual areas covered:
Septic / On-Site Sewer Facility if yes, attach Information About On-Site Sewer Facility (TXR-1407)
Water Heater electric gas other: number of units:
Water Softener owned leased from
Washer/Dryer Hookups dryer hookups are: gas electric
Washer
Dryer
Sauna
Alarm System owned leased from
Smoke Alarms number of units:
Kitchen Equipment range-oven combo. cooktop oven microwave
dishwasher disposer hood fan trash compactor
refrigerator other:
Section 2. Are you aware of any item, equipment, or system in or on the Property that is in need of
repair?
yes no If yes, explain (attach additional sheets if necessary):
Note: Unless instructed otherwise, items in the Property will be repaired in accordance with the repair
provisions in the lease that the Broker negotiates for the Owner.
(TXR-2206) 8-26-04 Page 1 of 2
Phone: Fax:
Produced with Lone Wolf Transactions (zipForm Edition) 231 Shearson Cr. Cambridge, Ontario, Canada N1T 1J5 www.lwolf.com
Terra Residential Services,Inc,14655 Northwest Fwy Ste 124 Houston,TX 77040 (713) 895-9966 (713) 895-9320 Management
Michael Mengden
Concerning the Property at
Section 3. Are you aware of any of the following?
Y N
Owners' associations or maintenance fees or assessments. If yes, complete the following:
Name of association:
Manager's name: Phone:
Address:
Describe the common areas or facilities (pool, tennis courts, greenbelts, etc.):
Are there any user fees for the common facilities? yes no If yes, describe:
Name and contact information of any other association to which the Property is subject:
Any notices of violations of deed restrictions or governmental ordinances affecting the condition
or use of the Property.
Any lawsuits or other legal proceedings directly or indirectly affecting the Property.
Any condition on the Property which materially affects the health or safety of an individual.
If the answer to any of the items in Section 3 is yes, explain (attach additional sheets if necessary):
Section 4. Other Information.
(1) Water to the Property is supplied by: city MUD WCID co-op well (location: )
(2) The type of roof on the Property is: composition shingle wood shingle flat (tar & gravel) metal
other Approx. Age: years
(3) If the Property is a condominium or townhome, describe parking spaces (numbers, if assigned, location):
(4) Describe the location and number of the mailbox:
(5) Provide any alarm codes, garage door codes, access codes, gate codes, common facility codes:
(6) Describe the location of:
heating & cooling filters: filter size(s):
electrical breakers:
water shut-off valve: gas shut-off valve:
(7) There are are not written warranties in effect for the Property or any appliances. Attach copies.
(8) Provide the names and phone numbers of the current providers to the Property:
Electricity: Ph:
Gas: Ph:
Water & Sewer: Ph:
Telephone: Ph:
Cable: Ph:
Garbage: Ph:
Pool Service: Ph:
Alarm: Ph:
Landscaping: Ph:
Signature of Owner Date Signature of Owner Date
(TXR-2206) 8-26-04 Page 2 of 2
Produced with Lone Wolf Transactions (zipForm Edition) 231 Shearson Cr. Cambridge, Ontario, Canada N1T 1J5 www.lwolf.com
Management
MULTIPLE PROPERTY ADDENDUM
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®, INC. IS NOT AUTHORIZED.
©Texas Association of REALTORS®, Inc. 2004
ADDENDUM TO LEASING AND MANAGEMENT AGREEMENT BETWEEN THE UNDERSIGNED PARTIES
COMMENCING
In addition to the Property described in Paragraph 2 of the above-referenced agreement, the term “Property”
also includes the following properties.
Address (include unit nos.)
legally described as:
in County, Texas, together with the following non-real-property
items: .
Notes:
Address (include unit nos.)
legally described as:
in County, Texas, together with the following non-real-property
items: .
Notes:
Address (include unit nos.)
legally described as:
in County, Texas, together with the following non-real-property
items: .
Notes:
Address (include unit nos.)
legally described as:
in County, Texas, together with the following non-real-property
items: .
Notes:
Broker's Printed Name
By:
Broker's Associate's Signature Date
Owner
By:
Date
Owner
By:
Date
(TXR-2204) 8-26-04 Page 1 of 1
Phone: Fax:
Produced with Lone Wolf Transactions (zipForm Edition) 231 Shearson Cr. Cambridge, Ontario, Canada N1T 1J5 www.lwolf.com
Terra Residential Services, Inc.
Michael C. Mengden, Broker
Terra Residential Services,Inc,14655 Northwest Fwy Ste 124 Houston,TX 77040 (713) 895-9966 (713) 895-9320 Management
Michael Mengden
11/2/2015
Information About Brokerage Services
Texas law requires all real estate licensees to give the following information about
brokerage services to prospective buyers, tenants, sellers and landlords.
TYPES OF REAL ESTATE LICENSE HOLDERS:
#
A BROKER is responsible for all brokerage activities, including acts performed by sales agents sponsored by the broker.
#
A SALES AGENT must be sponsored by a broker and works with clients on behalf of the broker.
A BROKER'S MINIMUM DUTIES REQUIRED BY LAW (A client is the person or party that the broker represents):
#
Put the interests of the client above all others, including the broker's own interests;
#
Inform the client of any material information about the property or transaction received by the broker;
#
Answer the client's questions and present any offer to or counter-offer from the client; and
#
Treat all parties to a real estate transaction honestly and fairly.
A LICENSE HOLDER CAN REPRESENT A PARTY IN A REAL ESTATE TRANSACTION:
AS AGENT FOR OWNER (SELLER/LANDLORD): The broker becomes the property owner's agent through an agreement with the owner,
usually in a written listing to sell or property management agreement. An owner's agent must perform the broker's minimum duties
above and must inform the owner of any material information about the property or transaction known by the agent, including
information disclosed to the agent or subagent by the buyer or buyer's agent.
AS AGENT FOR BUYER/TENANT: The broker becomes the buyer/tenant's agent by agreeing to represent the buyer, usually through a
written representation agreement. A buyer's agent must perform the broker's minimum duties above and must inform the buyer of any
material information about the property or transaction known by the agent, including information disclosed to the agent by the seller or
seller's agent.
AS AGENT FOR BOTH - INTERMEDIARY: To act as an intermediary between the parties the broker must first obtain the written
agreement of each party to the transaction. The written agreement must state who will pay the broker and, in conspicuous bold or
underlined print, set forth the broker's obligations as an intermediary. A broker who acts as an intermediary:
#
Must treat all parties to the transaction impartially and fairly;
#
May, with the parties' written consent, appoint a different license holder associated with the broker to each party (owner and
buyer) to communicate with, provide opinions and advice to, and carry out the instructions of each party to the transaction.
#
Must not, unless specifically authorized in writing to do so by the party, disclose:
that the owner will accept a price less than the written asking price;
that the buyer/tenant will pay a price greater than the price submitted in a written offer; and
any confidential information or any other information that a party specifically instructs the broker in writing not to
disclose, unless required to do so by law.
AS SUBAGENT: A license holder acts as a subagent when aiding a buyer in a transaction without an agreement to represent the
buyer. A subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first.
TO AVOID DISPUTES, ALL AGREEMENTS BETWEEN YOU AND A BROKER SHOULD BE IN WRITING AND CLEARLY ESTABLISH:
#
The broker's duties and responsibilities to you, and your obligations under the representation agreement.
#
Who will pay the broker for services provided to you, when payment will be made and how the payment will be calculated.
LICENSE HOLDER CONTACT INFORMATION: This notice is being provided for information purposes. It does not create an obligation for
you to use the broker's services. Please acknowledge receipt of this notice below and retain a copy for your records.
Licensed Broker /Broker Firm Name or License No. Email Phone
Primary Assumed Business Name
Designated Broker of Firm License No. Email Phone
Licensed Supervisor of Sales Agent/ License No. Email Phone
Associate
Sales Agent/Associate's Name License No. Email Phone
Buyer/Tenant/Seller/Landlord Initials Date
Regulated by the Texas Real Estate Commission Information available at www.trec.texas.gov
IABS 1-0 Date
Phone: Fax:
Produced with Lone Wolf Transactions (zipForm Edition) 231 Shearson Cr. Cambridge, Ontario, Canada N1T 1J5 www.lwolf.com
Terra Residential Services, Inc. 413480 [email protected] (713)895-9966
Michael C. Mengden 305902 [email protected] (713)895-9966
Michael C. Mengden 305902 [email protected] (713)895-9966
Rebecca Roeber 587347 [email protected] (713)895-9966
Terra Residential Services,Inc, 9977 W. Sam Houston Parkway N, Suite 160 Houston, TX 77064 7138959966 7138959320 Untitled
Michael Mengden
Protect
Your
Family
From
Lead In
Your
Home
United States
Environmental
Protection Agency
United States
Consumer Product
Safety Commission
United States
Department of Housing
and Urban Development
M
any houses and apartments built before 1978 have
paint that contains high levels of lead (called lead-
based paint). Lead from paint, chips, and dust can
pose serious health hazards if not taken care of properly.
OWNERS, BUYERS, and RENTERS are
encouraged to check for lead (see page 6)
before renting, buying or renovating pre-
1978 housing.
F
ederal law requires that individuals receive certain
information before renting, buying, or renovating
pre-1978 housing:
LANDLORDS have to disclose known infor-
mation on lead-based paint and lead-based
paint hazards before leases take effect.
Leases must include a disclosure about
lead-based paint.
SELLERS have to disclose known informa-
tion on lead-based paint and lead-based
paint hazards before selling a house. Sales
contracts must include a disclosure about
lead-based paint. Buyers have up to 10
days to check for lead.
RENOVATORS disturbing more than 2 square
feet of painted surfaces have to give you
this pamphlet before starting work.
Are You Planning To Buy, Rent, or Renovate
a Home Built Before 1978?
IMPORTANT!
Lead From Paint, Dust, and
Soil Can Be Dangerous If Not
Managed Properly
FACT: Lead exposure can harm young
children and babies even before they
are born.
FACT: Even children who seem healthy can
have high levels of lead in their bodies.
FACT: People can get lead in their bodies by
breathing or swallowing lead dust, or by
eating soil or paint chips containing
lead.
FACT: People have many options for reducing
lead hazards. In most cases, lead-based
paint that is in good condition is not a
hazard.
FACT: Removing lead-based paint improperly
can increase the danger to your family.
If you think your home might have lead
hazards, read this pamphlet to learn some
simple steps to protect your family.
1
2
People can get lead in their body if they:
Breathe in lead dust (especially during
renovations that disturb painted
surfaces).
Put their hands or other objects
covered with lead dust in their mouths.
Eat paint chips or soil that contains
lead.
Lead is even more dangerous to children
under the age of 6:
At this age children’s brains and nervous
systems are more sensitive to the dam-
aging effects of lead.
Children’s growing bodies absorb more
lead.
Babies and young children often put
their hands and other objects in their
mouths. These objects can have lead
dust on them.
Lead is also dangerous to women of
childbearing age:
Women with a high lead level in their
system prior to pregnancy would expose
a fetus to lead through the placenta
during fetal development.
Lead Gets in the Body in Many Ways
Childhood
lead
poisoning
remains a
major
environmen-
tal health
problem in
the U.S.
Even children
who appear
healthy can
have danger-
ous levels of
lead in their
bodies.
3
Lead’s Effects
It is important to know that even exposure
to low levels of lead can severely harm
children.
In children, lead can cause:
Nervous system and kidney damage.
Learning disabilities, attention deficit
disorder, and decreased intelligence.
Speech, language, and behavior
problems.
Poor muscle coordination.
Decreased muscle and bone growth.
Hearing damage.
While low-lead exposure is most
common, exposure to high levels of
lead can have devastating effects on
children, including seizures, uncon-
sciousness, and, in some cases, death.
Although children are especially
susceptible to lead exposure, lead
can be dangerous for adults too.
In adults, lead can cause:
Increased chance of illness during
pregnancy.
Harm to a fetus, including brain
damage or death.
Fertility problems (in men and women).
High blood pressure.
Digestive problems.
Nerve disorders.
Memory and concentration problems.
Muscle and joint pain.
Brain or Nerve Damage
Slowed
Growth
Hearing
Problems
Reproductive
Problems
(Adults)
Digestive
Problems
Lead affects
the body in
many ways.
4
Many homes built before 1978 have lead-
based paint. The federal government
banned lead-based paint from housing in
1978. Some states stopped its use even
earlier. Lead can be found:
In homes in the city, country, or suburbs.
In apartments, single-family homes, and
both private and public housing.
Inside and outside of the house.
In soil around a home. (Soil can pick up
lead from exterior paint or other sources
such as past use of leaded gas in cars.)
To r educe your child's exposure to lead,
get your child checked, have your home
tested (especially if your home has paint
in poor condition and was built before
1978), and fix any hazards you may have.
Children's blood lead levels tend to increase
rapidly from 6 to 12 months of age, and
tend to peak at 18 to 24 months of age.
Consult your doctor for advice on testing
your children. A simple blood test can
detect high levels of lead. Blood tests are
usually recommended for:
Children at ages 1 and 2.
Children or other family members who
have been exposed to high levels of lead.
Children who should be tested under
your state or local health screening plan.
Your doctor can explain what the test results
mean and if more testing will be needed.
Get your
children and
home tested
if you think
your home
has high lev-
els of lead.
Checking Your Family for Lead
Where Lead-Based Paint Is Found
In general,
the older your
home, the
more likely it
has lead-
based paint.
Lead-based paint is usually not a hazard if
it is in good condition, and it is not on an
impact or friction surface, like a window. It
is defined by the federal government as
paint with lead levels greater than or equal
to 1.0 milligram per square centimeter, or
more than 0.5% by weight.
Deteriorating lead-based paint (peeling,
chipping, chalking, cracking or damaged)
is a hazard and needs immediate attention.
It may also be a hazard when found on sur-
faces that children can chew or that get a
lot of wear-and-tear, such as:
Windows and window sills.
Doors and door frames.
Stairs, railings, banisters, and porches.
Lead dust can form when lead-based paint is scraped, sanded, or
heated. Dust also forms when painted surfaces bump or rub togeth-
er. Lead chips and dust can get on surfaces and objects that people
touch. Settled lead dust can re-enter the air when people vacuum,
sweep, or walk through it. The following two federal standards have
been set for lead hazards in dust:
40 micrograms per square foot (µg/ft
2
) and higher for floors,
including carpeted floors.
250 µg/ft
2
and higher for interior window sills.
Lead in soil can be a hazard when children play in bare soil or
when people bring soil into the house on their shoes. The following
two federal standards have been set for lead hazards in residential
soil:
400 parts per million (ppm) and higher in play areas of bare soil.
1,200 ppm (average) and higher in bare soil in the remainder of
the yard.
The only way to find out if paint, dust and soil lead hazards exist is
to test for them. The next page describes the most common meth-
ods used.
Lead from
paint chips,
which you
can see, and
lead dust,
which you
can’t always
see, can both
be serious
hazards.
Identifying Lead Hazards
5
6
You can get your home tested for lead in
several different ways:
A paint inspection tells you whether your
home has lead-based paint and where it
is located. It won’t tell you whether or not
your home currently has lead hazards.
A risk assessment tells you if your home
currently has any lead hazards from lead
in paint, dust, or soil. It also tells you what
actions to take to address any hazards.
A combination risk assessment and
inspection tells you if your home has
any lead hazards and if your home has
any lead-based paint, and where the
lead-based paint is located.
Hire a trained and certified testing profes-
sional who will use a range of reliable
methods when testing your home.
Visual inspection of paint condition
and location.
A portable x-ray fluorescence (XRF)
machine.
Lab tests of paint, dust, and soil
samples.
There are state and federal programs in
place to ensure that testing is done safely,
reliably, and effectively. Contact your state
or local agency (see bottom of page 11) for
more information, or call 1-800-424-LEAD
(5323) for a list of contacts in your area.
Home test kits for lead are available, but
may not always be accurate. Consumers
should not rely on these kits before doing
renovations or to assure safety.
Checking Your Home for Lead
Just knowing
that a home
has lead-
based paint
may not tell
you if there
is a hazard.
7
If you suspect that your house has lead
hazards, you can take some immediate
steps to reduce your family’s risk:
If you rent, notify your landlord of
peeling or chipping paint.
Clean up paint chips immediately.
Clean floors, window frames, window
sills, and other surfaces weekly. Use a
mop or sponge with warm water and a
general all-purpose cleaner or a cleaner
made specifically for lead. REMEMBER:
NEVER MIX AMMONIA AND BLEACH
PRODUCTS TOGETHER SINCE THEY
CAN FORM A DANGEROUS GAS.
Thoroughly rinse sponges and mop
heads after cleaning dirty or dusty
areas.
Wash children’s hands often, especial-
ly before they eat and before nap time
and bed time.
Keep play areas clean. Wash bottles,
pacifiers, toys, and stuffed animals
regularly.
Keep children from chewing window
sills or other painted surfaces.
Clean or remove shoes before
entering your home to avoid
tracking in lead from soil.
Make sure children eat
nutritious, low-fat meals high
in iron and calcium, such as
spinach and dairy products.
Children with good diets absorb
less lead.
What You Can Do Now To Protect
Your Family
8
In addition to day-to-day cleaning and good
nutrition:
You can temporarily reduce lead hazards
by taking actions such as repairing dam-
aged painted surfaces and planting grass
to cover soil with high lead levels. These
actions (called “interim controls”) are not
permanent solutions and will need ongo-
ing attention.
To permanently remove lead hazards,
you should hire a certified lead “abate-
ment” contractor. Abatement (or perma-
nent hazard elimination) methods
include removing, sealing, or enclosing
lead-based paint with special materials.
Just painting over the hazard with regular
paint is not permanent removal.
Always hire a person with special training
for correcting lead problems—someone
who knows how to do this work safely and
has the proper equipment to clean up
thoroughly. Certified contractors will employ
qualified workers and follow strict safety
rules as set by their state or by the federal
government.
Once the work is completed, dust cleanup
activities must be repeated until testing
indicates that lead dust levels are below the
following:
40 micrograms per square foot (µg/ft
2
)
for floors, including carpeted floors;
250 µg/ft
2
for interior windows sills; and
400 µg/ft
2
for window troughs.
Call your state or local agency (see bottom
of page 11) for help in locating certified
professionals in your area and to see if
financial assistance is available.
Reducing Lead Hazards In The Home
Removing
lead
improperly
can increase
the hazard to
your family
by spreading
even more
lead dust
around the
house.
Always use a
professional who
is trained to
remove lead
hazards safely.
Take precautions before your contractor or
you begin remodeling or renovating any-
thing that disturbs painted surfaces (such
as scraping off paint or tearing out walls):
Have the area tested for lead-based
paint.
Do not use a belt-sander, propane
torch, high temperature heat gun, dry
scraper, or dry sandpaper to remove
lead-based paint. These actions create
large amounts of lead dust and fumes.
Lead dust can remain in your home
long after the work is done.
Te mporarily move your family (espe-
cially children and pregnant women)
out of the apartment or house until
the work is done and the area is prop-
erly cleaned. If you can’t move your
family, at least completely seal off the
work area.
Follow other safety measures to
reduce lead hazards. You can find out
about other safety measures by calling
1-800-424-LEAD. Ask for the brochure
“Reducing Lead Hazards When
Remodeling Your Home.” This brochure
explains what to do before, during,
and after renovations.
If you have already completed renova-
tions or remodeling that could have
released lead-based paint or dust, get
your young children tested and follow
the steps outlined on page 7 of this
brochure.
Remodeling or Renovating a Home With
Lead-Based Paint
If not
conducted
properly,
certain types
of renova-
tions can
release lead
from paint
and dust into
the air.
9
10
Drinking water. Your home might have
plumbing with lead or lead solder. Call
your local health department or water
supplier to find out about testing your
water. You cannot see, smell, or taste
lead, and boiling your water will not get
rid of lead. If you think your plumbing
might have lead in it:
Use only cold water for drinking and
cooking.
Run water for 15 to 30 seconds
before drinking it, especially if you
have not used your water for a few
hours.
The job. If you work with lead, you
could bring it home on your hands or
clothes. Shower and change clothes
before coming home. Launder your work
clothes separately from the rest of your
family’s clothes.
Old painted toys and furniture.
Food and liquids stored in lead crystal
or lead-glazed pottery or porcelain.
Lead smelters or other industries that
release lead into the air.
Hobbies that use lead, such as making
pottery or stained glass, or refinishing
furniture.
Fo lk remedies that contain lead, such as
greta” and “azarcon” used to treat an
upset stomach.
Other Sources of Lead
While paint, dust,
and soil are the
most common
sources of lead,
other lead
sources also exist.
11
The National Lead Information Center
Call 1-800-424-LEAD (424-5323) to learn
how to protect children from lead poisoning
and for other information on lead hazards.
To access lead information via the web, visit
www.epa.gov/lead and
www.hud.gov/offices/lead/.
EPA’s Safe Drinking Water Hotline
Call 1-800-426-4791 for information about
lead in drinking water.
Consumer Product Safety
Commission (CPSC) Hotline
To request information on lead in
consumer products, or to report an
unsafe consumer product or a prod-
uct-related injury call 1-800-638-
2772, or visit CPSC's Web site at:
www.cpsc.gov.
Health and Environmental Agencies
Some cities, states, and tribes have
their own rules for lead-based paint
activities. Check with your local agency to
see which laws apply to you. Most agencies
can also provide information on finding a
lead abatement firm in your area, and on
possible sources of financial aid for reducing
lead hazards. Receive up-to-date address
and phone information for your local con-
tacts on the Internet at www.epa.gov/lead
or contact the National Lead Information
Center at 1-800-424-LEAD.
For More Information
For the hearing impaired, call the Federal Information
Relay Service at
1-800-877-8339 to access any of
the phone numbers in this brochure.
12
EPA Regional Offices
Region 1 (Connecticut, Massachusetts,
Maine, New Hampshire, Rhode Island,
Vermont)
Regional Lead Contact
U.S. EPA Region 1
Suite 1100 (CPT)
One Congress Street
Boston, MA 02114-2023
1 (888) 372-7341
Region 2 (New Jersey, New York,
Puerto Rico, Virgin Islands)
Regional Lead Contact
U.S. EPA Region 2
2890 Woodbridge Avenue
Building 209, Mail Stop 225
Edison, NJ 08837-3679
(732) 321-6671
Region 3 (Delaware, Maryland,
Pennsylvania, Virginia, Washington DC,
West Virginia)
Regional Lead Contact
U.S. EPA Region 3 (3WC33)
1650 Arch Street
Philadelphia, PA 19103
(215) 814-5000
Region 4 (Alabama, Florida, Georgia,
Kentucky, Mississippi, North Carolina,
South Carolina, Tennessee)
Regional Lead Contact
U.S. EPA Region 4
61 Forsyth Street, SW
Atlanta, GA 30303
(404) 562-8998
Region 5 (Illinois, Indiana, Michigan,
Minnesota, Ohio, Wisconsin)
Regional Lead Contact
U.S. EPA Region 5 (DT-8J)
77 West Jackson Boulevard
Chicago, IL 60604-3666
(312) 886-6003
EPA Regional Offices
Region 6 (Arkansas, Louisiana, New
Mexico, Oklahoma, Texas)
Regional Lead Contact
U.S. EPA Region 6
1445 Ross Avenue, 12th Floor
Dallas, TX 75202-2733
(214) 665-7577
Region 7 (Iowa, Kansas, Missouri,
Nebraska)
Regional Lead Contact
U.S. EPA Region 7
(ARTD-RALI)
901 N. 5th Street
Kansas City, KS 66101
(913) 551-7020
Region 8 (Colorado, Montana, North
Dakota, South Dakota, Utah, Wyoming)
Regional Lead Contact
U.S. EPA Region 8
999 18th Street, Suite 500
Denver, CO 80202-2466
(303) 312-6021
Region 9 (Arizona, California, Hawaii,
Nevada)
Regional Lead Contact
U.S. Region 9
75 Hawthorne Street
San Francisco, CA 94105
(415) 947-4164
Region 10 (Alaska, Idaho, Oregon,
Washington)
Regional Lead Contact
U.S. EPA Region 10
Toxics Section WCM-128
1200 Sixth Avenue
Seattle, WA 98101-1128
(206) 553-1985
Your Regional EPA Office can provide further information regard-
ing regulations and lead protection programs.
CPSC Regional Offices
Eastern Regional Center
Consumer Product Safety Commission
201 Varick Street, Room 903
New York, NY 10014
(212) 620-4120
Central Regional Center
Consumer Product Safety Commission
230 South Dearborn Street, Room 2944
Chicago, IL 60604
(312) 353-8260
Western Regional Center
Consumer Product Safety Commission
1301 Clay Street, Suite 610-N
Oakland, CA 94612
(510) 637-4050
HUD Lead Office
13
Please contact HUD's Office of Healthy Homes and Lead Hazard
Control for information on lead regulations, outreach efforts, and
lead hazard control and research grant programs.
U.S. Department of Housing and Urban Development
Office of Healthy Homes and Lead Hazard Control
451 Seventh Street, SW, P-3206
Washington, DC 20410
(202) 755-1785
Your Regional CPSC Office can provide further information regard-
ing regulations and consumer product safety.
U.S. EPA Washington DC 20460 EPA747-K-99-001
U.S. CPSC Washington DC 20207 June 2003
U.S. HUD Washington DC 20410
This document is in the public domain. It may be reproduced by an individual or
organization without permission. Information provided in this booklet is based
upon current scientific and technical understanding of the issues presented and
is reflective of the jurisdictional boundaries established by the statutes governing
the co-authoring agencies. Following the advice given will not necessarily pro-
vide complete protection in all situations or against all health hazards that can
be caused by lead exposure.
Recycled/Recyclable
Printed with vegetable oil based inks on recycled paper
(minimum 50% postconsumer) process chlorine free.
If you think your home has high
levels of lead:
Get your young children tested for lead, even if
they seem healthy.
Wash children’s hands, bottles, pacifiers, and toys
often.
Make sure children eat healthy, low-fat foods.
Get your home checked for lead hazards.
Regularly clean floors, window sills, and other
surfaces.
Wipe soil off shoes before entering house.
Talk to your landlord about fixing surfaces with
peeling or chipping paint.
Take precautions to avoid exposure to lead dust
when remodeling or renovating (call 1-800-424-
LEAD for guidelines).
Don’t use a belt-sander, propane torch, high
temperature heat gun, scraper, or sandpaper on
painted surfaces that may contain lead.
Don’t try to remove lead-based paint yourself.
Simple Steps To Protect Your Family
From Lead Hazards