Common use of Casualty Damage Clause in Contracts

Casualty Damage. Subject to Section 20, If the Premises are totally destroyed by an insured peril, or so damaged by an insured peril that, in Owner’s reasonable estimation, rebuilding or repairs cannot be substantially completed within 180 days after the date of Owner’s actual knowledge of such damage, then either Owner or (if Tenant, guest, or occupant did not intentionally cause such damage) Tenant may terminate the Lease by delivering to the other written notice thereof within 30 days after such damage, in which case, the Rent shall be abated during the unexpired portion of this Lease Term, effective upon the date such damage occurred. Time is of the essence with respect to the delivery of such notices. SMOKE DETECTORS: You must not disconnect or intentionally damage a smoke detector or remove the battery without immediately replacing it with a working battery. If you do so, you may be subject to damages, civil penalties, and attorneys’ fees under Section 92.2611 of the Texas Property Code. In the event you believe that your smoke detector is malfunctioning or needs to be inspected or repaired, you must give us written notice thereof. YOU SHOULD PERIODICALLY TEST EACH OF THE SMOKE DETECTORS IN THE PREMISES AFTER YOU TAKE POSSESSION TO ENSURE THAT EACH IS IN GOOD WORKING ORDER. Owner and Resident affirm that, at the Starting Date of this Lease, the Premises contains a sufficient quantity of properly installed smoke detectors located in proper areas throughout the Premises in compliance with Section 92.251-.257 of the Texas Property Code. Furthermore, Owner inspected all smoke alarms in the Premises on or around the Starting Date, and all were found to either be in working order or were properly replaced in accordance with Section 92.258 of the Texas Property Code. All smoke alarms in the Premises are presumed to be in good working order for the full Term of this Lease unless Owner receives written notice from Tenant indicating otherwise. Resident fully understands that it is solely responsible for the periodic testing and replacement of batteries on the smoke alarms. INSURANCE:

Casualty Damage. Subject to Section 20, If the Premises are totally destroyed by an insured peril, or so damaged by an insured peril that, in Owner’s reasonable estimation, rebuilding or repairs cannot be substantially completed within 180 days after the date of Owner’s actual knowledge of such damage, then either Owner or (if Tenant, guest, or occupant did not intentionally cause such damage) Tenant may terminate the Lease by delivering to the other written notice thereof within 30 days after such damage, in which case, the Rent shall be abated during the unexpired portion of this Lease Term, effective upon the date such damage occurred. Time is of the essence with respect to the delivery of such notices. SMOKE DETECTORS: You must not disconnect or intentionally damage a smoke detector or remove the battery without immediately replacing it with a working battery. If you do so, you may be subject liable to us for $100 plus one month’s rent, actual damages, civil penalties, and attorneys’ attorney fees under Section 92.2611 of the Texas Property Code. In the event you believe that your smoke detector is malfunctioning or needs to be inspected or repaired, you must give us written notice thereof. YOU SHOULD PERIODICALLY TEST EACH OF THE SMOKE DETECTORS IN THE PREMISES AFTER YOU TAKE POSSESSION TO ENSURE THAT EACH IS IN GOOD WORKING ORDER. Owner and Resident affirm that, at the Starting Date of this Lease, the Premises contains a sufficient quantity of properly installed smoke detectors located in proper areas throughout the Premises in compliance with Section 92.251-.257 of the Texas Property Code. Furthermore, Owner inspected all smoke alarms in the Premises on or around the Starting Date, and all were found to either be in working order or were properly replaced in accordance with Section 92.258 of the Texas Property Codeorder. All smoke alarms in the Premises are presumed to be in good working order for the full Term of this Lease unless Owner receives written notice from Tenant indicating otherwise. Resident fully understands that it is solely responsible for the periodic testing and replacement of batteries on the smoke alarms. INSURANCE:

Casualty Damage. Subject to Section 20, If the Premises are totally destroyed by an insured peril, or so damaged by an insured peril that, in Owner’s reasonable estimation, rebuilding or repairs cannot be substantially completed within 180 days after the date of Owner’s actual knowledge of such damage, then either Owner or (if Tenant, guest, or occupant did not intentionally cause such damage) Tenant may terminate the Lease by delivering to the other written notice thereof within 30 days after such damage, in which case, the Rent shall be abated during the unexpired portion of this Lease Term, effective upon the date such damage occurred. Time is of the essence with respect to the delivery of such notices. SMOKE DETECTORS: You must not disconnect or intentionally damage a smoke detector or remove the battery without immediately replacing it with a working battery. If you do so, you may be subject liable to us for $100 plus one month’s rent, actual damages, civil penalties, and attorneys’ fees under Section 92.2611 of the Texas Property Codeattorney fees. In the event you believe that your smoke detector is malfunctioning or needs to be inspected or repaired, you must give us written notice thereof. YOU SHOULD PERIODICALLY TEST EACH OF THE SMOKE DETECTORS IN THE PREMISES AFTER YOU TAKE POSSESSION TO ENSURE THAT EACH IS IN GOOD WORKING ORDER. Owner and Resident affirm that, at the Starting Date of this Lease, the Premises contains a sufficient quantity of properly installed smoke detectors located in proper areas throughout the Premises in compliance with Section 92.251-.257 of the Texas Property Code. Furthermore, Owner inspected all smoke alarms in the Premises on or around the Starting Date, and all were found to either be in working order or were properly replaced in accordance with Section 92.258 of the Texas Property Codeorder. All smoke alarms in the Premises are presumed to be in good working order for the full Term of this Lease unless Owner receives written notice from Tenant indicating otherwise. Resident fully understands that it is solely responsible for the periodic testing and replacement of batteries on the smoke alarms. INSURANCE:

Casualty Damage. Subject to Section 20, If the Premises are totally destroyed by an insured peril, or so damaged by an insured peril that, in Owner’s reasonable estimation, rebuilding or repairs cannot be substantially completed within 180 days after the date of Owner’s actual knowledge of such damage, then either Owner or (if Tenant, guest, or occupant did not intentionally cause such damage) Tenant may terminate the Lease by delivering to the other written notice thereof within 30 days after such damage, in which case, the Rent shall be abated during the unexpired portion of this Lease Term, effective upon the date such damage occurred. Time is of the essence with respect to the delivery of such notices. SMOKE DETECTORS: You must not disconnect or intentionally damage a smoke detector or remove the battery without immediately replacing it with a working battery. If you do so, you may be subject to damages, civil penalties, and attorneys’ fees under Section 92.2611 of the Texas Property Code. In the event you believe that your smoke detector is malfunctioning or needs to be inspected or repaired, you must give us written notice thereof. YOU SHOULD PERIODICALLY TEST EACH OF THE SMOKE DETECTORS IN THE PREMISES AFTER YOU TAKE POSSESSION TO ENSURE THAT EACH IS IN GOOD WORKING ORDER. Owner and Resident affirm that, at the Starting Date of this Lease, the Premises contains a sufficient quantity of properly installed smoke detectors located in proper areas throughout the Premises in compliance with Section 92.251-.257 of the Texas Property Code. Furthermore, Owner inspected all smoke alarms in the Premises on or around the Starting Date, and all were found to either be in working order or were properly replaced in accordance with Section 92.258 of the Texas Property Codereplaced. All smoke alarms in the Premises are presumed to be in good working order for the full Term of this Lease unless Owner receives written notice from Tenant indicating otherwise. Resident fully understands that it is solely responsible for the periodic testing and replacement of batteries on the smoke alarms. INSURANCE: