LUXE PROPERTY MANAGEMENT LLC v. DOMINIC GOODE

IN THE DISTRICT COURT OF OKLAHOMA COUNTY, THE STATE OF OKLAHOMA LUXE PROPERTY MANAGEMENT LLC Plaintiff, -vs- DOMINIC GOODE XXX-XX-8303 Defendant. Case No. PETITION FOR BREACH OF LEASE AGREEMENT COMES NOW the Plaintiff and for its cause of action against the Defendant states as follows: 1. That Plaintiff is a LIMITED LIABILITY COMPANY organized and existing under the laws of OKLAHOMA. 2. Plaintiff states that it is the owner and/or manager of the following described premises: 2408 NW 193RD ST, EDMOND, OK 73012-3540. 3. That the cause of action herein accrued under the laws of the State of Oklahoma; that the Defendant is a resident of OKLAHOMA County, Oklahoma. 4. That the Defendants were the Lessees of the aforementioned real estate under the lease agreement attached hereto and incorporated herein by reference at an agreed upon monthly rental of $1,490.00. 5. That the terms of the lease held the Defendant liable for all damages that were not a result of reasonable wear and tear. Defendant left dwelling in disrepair, as a result, Plaintiff was damaged in the amount of $3,655.00. 6. That the terms of the lease required that the Defendant were to leave the premises in a clean and acceptable condition. The Defendant failed to do so, as a result, Plaintiff sustained damages in the amount of $320.00. 7. That the terms of the lease required that Defendant pay all utility bills. Defendant failed to pay these bills. As a result, Plaintiff sustained damages in the amount of $90.00. 8. That upon breach, Plaintiff notified Defendant that any property left in the dwelling would be removed and stored. After a reasonable period, Plaintiff removed and stored personal property belonging to the Defendant. As a result, Plaintiff sustained damages in the amount of $400.00. 9. Interest in the amount of $447.00 is due and owing through 3/10/2026, plus interest at the legal rate of 4.13% through the date of Judgment, continuing to accrue at the rate of 8.75% per annum from the date of Judgment until paid. 10. That Defendant supplied a Security Deposit in the amount of $2,069.33. 11. That after applying Defendant's security deposit to the sum due, there remains due and owing to the Plaintiff the amount of $2,395.67. 12. That the Plaintiff has demanded payment of the sums mentioned herein on September 03, 2021, and other times, and payment has been refused, therefore the amount of $2,395.67 is due and owing to Plaintiff. 13. Pursuant to the SCRA §201(b)(4), Plaintiff declares under penalty of perjury that Defendant DOMINIC GOODE is/are not in the Armed Forces for the United States, verified on February 11, 2025 via the U.S. Department of Defense website. WHEREFORE, Plaintiff prays the Court for Judgment against the Defendant in the amount of: Amount claimed: Damage Repair: $3,655.00; Cleaning Costs: $320.00; Utilities: $90.00; Removal/Storage: $400.00; Total Rent/Damages/Fees: $4,465.00 Security Deposit: $(2,069.33) Total Amount claimed: $2,395.67 Interest: Interest in the amount of $447.00 is due and owing through 3/10/2026, plus interest at the legal rate of 4.13% through the date of Judgment, continuing to accrue at the rate of 8.75% per annum from the date of Judgment until paid; All costs herein expended, including but not limited to court costs, sheriff's fees, and special process server fees. Respectfully submitted, FABER AND BRAND L.L.C. BY: /s/ Michael L. Foster Michael L. Foster OK #20701 Jason P. Gubbins OK #22576 James M. Mucklestone OK #36520 P.O. Box 10110 Columbia, Missouri 65205-4000 (888) 233-3141 (573) 442-1072 FAX [email protected] ATTORNEY FOR PLAINTIFF THIS IS A COMMUNICATION FROM A DEBT COLLECTOR IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. AFFIDAVIT OF ACCOUNT & VERIFICATION OF BUSINESS RECORDS STATE OF Oklahoma COUNTY OF Oklahoma Before me, the undersigned authority, personally appeared Darekreg, who, being by me duly sworn deposes and states: I am capable of making this affidavit and personally acquainted with the facts herein stated: I am in charge of the records for LUXE PROPERTY MANAGEMENT LLC a LIMITED LIABILITY COMPANY organized and existing under the laws of the State of OKLAHOMA. In such capacity I am the custodian of the business records of such company and attached hereto are the pages of records which are kept and maintained under my control and supervision in the regular course of business by employees or representatives of the company with knowledge of the act, event, condition, opinion, or diagnosis recorded to make the record or transmit information thereof to be included in such record; and the record was made at or near the time of the act, event, condition, opinion or diagnosis. The attached statement of account and supporting documentation are business records of such company so kept, and such statement as well as the various items thereof are within my personal knowledge just, true and correct, and the originals or exact duplicates cf the originals and the balance of $2,395.67 shown thereon is due and owing over and above all payments, credits and set offs, plus interest from 09/03/2021 at 6.000% per annum by DOMINIC GOODE to such company. Charges for the above referenced services are reasonable, and the services were necessary. To the best of my knowledge and belief, the Defendant(s), DOMINIC GOODE, is/are not on active duty status in the Armed Forces for the United States nor any branch thereof. Defendant(s) is/are not an infant or incompetent person. In witness whereof I have hereunto subscribed my name and affixed my official seal the 22 day of April, 2025. My commission Expires: 9/8/2026 08/04/2021 LUXE Sales & Management 7101 NW Expressway Suite 740 Oklahoma City, OK 73132 Dominic Goode, Jessica Goode Re: Security Deposit Statement Dear Dominic Goode, Jessica Goode: Enclosed please find an itemized list of charges. Based on these charges, you have a balance due of $2,395.67. Credits Mgmt Held Security Deposits $1,445.00 Prepayment $624.33 Total Credits $2,069.33 Charges Mowing, Edging, Weed-Eating $90.00 Full Wall Paint, Touch Up Trim And Doors, Removed Stickers, Nails And Brackets From Walls, Fill In Nail Holes And Repaired Texture $2,830.00 Repaired 4 Damaged Doorknobs, Replaced Grease Filter And Bulb On Microwave, Replaced/Repaired 3 Cabinet Hinges In Kitchen, Replaced 3 Missing Doorstops, Replaced Filters $225.00 Replaced 6 Damaged Blinds $365.00 Unclog Tub And Sink In Master Bathroom, Replaced 2 Damaged Toilet Seats, Toilet Paper Holder And Tank Lid $175.00 Trash Out $400.00 Sync New Garage Door Remote (None Provided By Tenant) $60.00 Full Clean $170.00 Carpet Cleaning $150.00 Total Charges $4,465.00 Amount Due $2,395.67 Please remit the balance due immediately. If you have any questions or concerns regarding the charges or balance due, please contact us in writing within 14 days of this letter to avoid collection efforts. Regards, LUXE Sales & Management This is a legally binding Contract; if not understood seek advice from an attorney. SINGLE FAMILY RESIDENCE OR CONDOMINIUM LEASE Landlord: Susan Advani Tenant(s): Dominic I. Goode Jessica D. Goode (the "Tenant") Landlord's Broker Property Frameworks, a licensed real estate broker in Oklahoma, (X) will or (__) will not act as the property manager for Landlord. Premises: 2408 NW 193rd St, Edmond, OK 73012-3540 In consideration of their mutual agreement to the following terms, conditions, and covenants, the Landlord/Landlord's Broker leases to Tenant and Tenant leases from Landlord/Landlord's Broker the above described Premises. TERMS, CONDITIONS AND COVENANTS 1. TERM This Lease commences on 06/01/2019 ("Commencement Date") and expires on 05/31/2021 ("Expiration Date"). 2. AUTOMATIC RENEWAL AND NOTICE OF TERMINATION: a) This Lease automatically renews on a month-to-month basis unless Landlord or Tenant provides the other party written notice, including signature, of termination not less than 45 days before the Expiration Date. b) If the Lease automatically renews on a month-to-month basis, it will continue to renew on a month-to-month basis until either party provides written notice of termination to the other party and the notice of termination will be effective on the date designated in the notice but not sooner than 45 days after the notice is given and, if necessary, rent will be prorated on a daily basis. c) The monthly rental rate for any month-to-month lease will increase by Ten (10%) percent over the monthly rental rate stated in paragraph 3(a) or if the lease is a renewal, the monthly rent paid under the most recent lease renewal._ 3. RENT a. Monthly Rent: Tenant will pay Landlord monthly rent in the amount of $1,490.00 payable in advance on the first day of each and every calendar month. The first full month's rent is due and payable not later than 06/01/2019. Thereafter, Tenant will pay the monthly rent so that Landlord receives the monthly rent on or before the first day of each month during this lease. Weekends, holidays, and mail delays do not excuse Tenant's obligation to timely pay rent. b. Prorated Rent: On or before N/A Tenant will pay Landlord $ N/A as prorated rent from the Commencement Date through the last day of the month in which this lease begins. c. Method and Place of Payment: 1. Tenant will remit all amounts due Landlord under this lease ("Payments") to the Landlord's broker, Property Frameworks. 2. Property Frameworks provides an electronic portal ("Portal") which Tenant must use to remit all Payments. Access to the Portal will be provided to Tenant prior to execution of this lease. 3. If Tenant is unable to make Payments to the Portal for any reason, Payments must be made by check, money order or cashier’s check payable to Property Frameworks and delivered to the following address: Property Frameworks, 5308 West Plano Parkway, Suite 100, Plano Texas 75093. Please include the Property address and Tenant name on payment for proper crediting. 4. Landlord may later designate, in writing, another person or place to which Tenant must remit Payments. 5. Tenant must make all Payments timely and without demand, deduction, or offset. 6. Time is of the essence for all of Tenant obligations in this Lease, including the payment of rent. Strict compliance with rental due dates is required. 7. If Tenant fails to make timely Payments or if any Payments are dishonored, Landlord may require all subsequent Payments in bank-certified funds. This paragraph does not limit Landlord from seeking other remedies under this Lease for Tenant’s failure to make timely Payments with good funds. Landlord may assess a dishonored check charge as provided for under applicable law. d. Late Payment of Rent Fee: Any rent payment that is not actually received by Landlord/Landlord's Broker by 11:59 p.m. on the 1st day of the month it is due will be assessed an initial late charge on the 3rd day of the month equal to $55.00. Beginning on the 4th day of the month additional late charges of $20.00 per day will be assessed until rent and late charges are paid in full. Additional late charges may not exceed $375 in any one month. Total amount of rent and late fees is to be paid by money order, cashier’s check or other certified funds. e. Deductions from Rent: Deductions made from rents without written permission from Landlord/Landlord’s Broker will be considered as unpaid rent and will subject Tenant to a late fee. f. Five Day Notice to Evict: In the case of non-payment of rent or tendering a dishonored check, a five-day (5) notice to "move or suffer eviction" shall be given as allowed by law. g. Rent Increases: There will be no rent increases through the primary term. Landlord may increase the rent that will be paid during any month-to-month renewal period by providing at least 45 days written notice to Tenant. 4. POSSESSION OF PREMISES Tenant acknowledges that the statements and material representations made on Tenant's signed application, which is hereby incorporated by reference, have been relied upon by Landlord/Landlord's Broker, the falsity of which, in whole or in part, shall constitute a breach of this Lease entitling Landlord/Landlord's Broker at Landlord's/Landlord's Broker's option, to terminate the Lease and repossess the premises. This Lease is further conditioned upon Landlord/Landlord's Broker securing possession of the premises from the existing Tenant, if any, by the commencement date hereof. In the event Landlord or Landlord's Broker is unable to deliver possession of the premises to Tenant for any reason, including, but not limited to, failure of previous Tenant to vacate Premises or partial or complete destruction of Premises, Tenant shall have the right to terminate this Agreement. In such event, Landlord's or Landlord's Broker's liability shall be limited to the return of all sums previously paid by Tenant to Landlord/Landlord's Broker except application or processing fee, if any. 5. LEGAL USE Tenant shall use the Leased Premises only for residential purposes and for no other purposes. Operating a business, including daycare, from this property is prohibited. Tenant may not install or permit any of the following on the Property, even temporarily: a spa, hot tub, above ground pool, trampoline, or any item which (i) causes a suspension or cancellation of insurance coverage or an increase in insurance premiums (ii) which would violate any of the agreements in this Lease, or (iii) for any unlawful purpose or in any unlawful manner, Tenant shall pay any cost incurred by Landlord/Landlord's Broker due to Tenant's violation of such Code, Regulations, Ordinances and Laws and Tenant's violation shall constitute a breach of this Lease Agreement. 6. SECURITY DEPOSIT Tenant shall deposit with Landlord/Landlord's Broker a Security Deposit in the amount of $ $1,445.00 upon execution of this Agreement. This Security Deposit shall secure the performance of tenant's obligations hereunder including leaving the premises in the same condition as they were received, normal wear and tear expected. Landlord/Landlord's Broker may, but shall not be obligated to apply the security deposit or any portion thereof to tenant's obligations hereunder. Any balance remaining upon termination shall be returned to tenant within thirty (30) days of both the Tenant giving written request (including forwarding mailing address) for the return of the deposit and the Tenant giving possession of the premises to the Landlord/Landlord's Broker. Tenant shall NOT have the right to apply the Security Deposit in an FDIC insured escrow account. Such account may bear interest, which shall be payable to Landlord/Landlord's Broker in consideration of the cost and burden of maintaining the escrow account. Refund: Tenant must give Landlord at least forty-five (45) days written notice of surrender before Landlord is obligated to refund or account for the security deposit. 7. PETS a. Unless the parties otherwise agree in a separate Pet Agreement, Tenant may not permit, even temporarily, any pet on the Property (including but not limited to any mammal, reptile, bird, fish, rodent, or insect). b. If Tenant violates this Paragraph 7 or any agreement to keep a pet on the Property, Landlord may take all or any of the following action: 1) declare Tenant to be in default of this Lease and exercise Landlord' remedies under Paragraph 25; 2) charge Tenant, as additional rent, $25.00 per day thereafter per pet for each day Tenant violates the pet restrictions; 3) remove or cause to be removed any unauthorized pet and deliver it to appropriate local authorities by providing at least 24-hour written notice to Tenant of Landlord’s intention to remove the unauthorized pet; and 4) charge to Tenant the Landlord's cost to: (a) exterminate the Property for fleas and other insects; (b) clean and deodorize the Property's carpets and drapes; and (c) repair any damage to the Property caused by the unauthorized pet. c. When taking any action under Paragraph 7B Landlord will not be liable for any harm, injury, death, or sickness to any pet. 8. UTILITIES Utilities must be in Tenant's name on the Lease "Commencement Date." Utilities shall not be turned off until the Tenant has notified Landlord/Landlord's Broker of move out date, vacated the property, turned in the keys and has fulfilled all obligations of this Lease Agreement. 9. OCCUPANTS Premises shall be occupied only by the persons listed below. Occupancy by anyone other than those listed for more than fourteen (14) consecutive nights shall constitute a breach of this Agreement unless prior consent is given in writing by Landlord/Landlord's Broker: Dominic I. Goode, Jessica D. Goode 10. MAINTENANCE Landlord agrees to maintain the dwelling, all appliances furnished, mechanical equipment, plumbing and electrical facilities in or on the Premises at the commencement of this Lease. Exceptions: Security System, Refrigerator, Washer and Dryer (If applicable) Tenant agrees to be responsible for repairs needed due to misuse. Maintenance Request: All requests for maintenance or repairs at Property required of Landlord ("Maintenance Request") under this lease must be made by one of the following two methods: (1) Log into your Portal and enter the Maintenance Request; or (2) Call Property Frameworks Maintenance Request hotline:[REDACTED] Landlord or Landlord's Broker reserves the right to make changes to the Maintenance Request process at any time. 11. ALTERATIONS AND REPAIRS Except in the event of an emergency, no repairs, decorating or alterations shall be done by Tenant without Landlord's/Landlord's Broker's prior written consent. Tenant shall notify Landlord/Landlord's Broker in writing of any repairs or alterations contemplated. Tenant shall hold Landlord and Landlord's Broker harmless as to any mechanic's lien recordation or proceeding caused by Tenant and Tenant agrees to indemnify Landlord and Landlord's Broker in the event of any such claim or proceeding. Tenant agrees that all improvements installed in and on the Premises, including landscaping (bushes, shrubs, ground cover, trees, and flowers) shall, at the option of Landlord/Landlord's Broker, remain with the Premises upon termination of the Lease at no cost to Landlord or Landlord's Broker. 12. APPLICATION OF FUNDS Money paid by Tenant shall be applied in the following order. a) Maintenance charges due in accordance with Paragraph 13 "Tenant's Responsibilities for the Care of the Premises" and Paragraph 14 "Tenant's Responsibilities for Maintenance." b) Late charges, dishonored check charges, or trip charges. c) Past due utilities. d) Unpaid security deposits. e) Attorney fees, Processor fees and Court Costs. f) Past due rent, oldest month to newest. g) Current rent 13. TENANT'S RESPONSIBILITIES FOR THE CARE OF THE PREMISES Tenant shall be responsible for the following items and for other Tenant damage not listed below: a) Keep the Premises clean and sanitary inside and out, and in good order and condition. b) Watering, mowing, edging, trimming shrubs and weeding flowerbeds as required for proper care and maintenance. Exceptions: N/A c) Neither mark nor deface the walls, woodwork or any part of the Premises. d) Immediately report to Landlord/Landlord's Broker those items needing repair. e) Pay Landlord/Landlord's Broker upon demand for damage to Premises as a result of failure to report a problem in a timely manner. f) Pay Landlord/Landlord's Broker upon demand for cost to repair, replace or rebuild any portion of the Premises damaged whether through act or negligence by the Tenant, Tenant’s guests or invitees. g) Pay Landlord/Landlord's Broker upon demand for damage caused by rain or wind as a result of leaving windows or doors open, or lawn hoses left connected outside resulting in freezing damage. h) A telephone is required and Tenant shall have telephone service within fourteen (14) days of occupancy and furnish Landlord/Landlord's Broker with the telephone number and notify Landlord/Landlord's Broker of any telephone number changes. (Mobile phone number shall suffice). i) If Tenant changes locks, Tenant shall furnish keys to Landlord or Landlord's Broker within five (5) days or pay the cost of a locksmith to make a set of keys. All keys and garage door openers must be returned the day of vacating the Premises. If Tenant fails to return said keys and garage door openers (in working order), Tenant agrees to pay the cost to re-key the Premises and to replace the garage door openers. 14. TENANT'S RESPONSIBILITIES FOR MAINTENANCE. Tenant shall be responsible for the following: a) Vacuuming carpet on a regular basis. b) Changing the furnace/air-conditioner filter at least once every two (2) months. c) Replacing burned out light bulbs, regular or fluorescent. d) Any breakage, damage, destruction and/or soiling caused by acts of the Tenant or by Tenant's employees, agents, visitors or pets. In the event of vandalism, break-ins, or broken glass, Tenant agrees to pay all repair cost, regardless of the circumstances of breakage. e) Tenant agrees that smoking in the Premises is not permitted and should cigarette smoke damage occur due to Tenant, Tenant's employees, or Tenant's visitors smoking within the dwelling, Tenant agrees to pay the cost of having Premises painted, walls washed, interior deodorized and carpets and draperies professionally cleaned, and any other cost to repair smoke damage. f) Pay any periodic, preventive, or additional extermination costs to insure Property is maintained in a pest free condition (unless otherwise provided for in this paragraph); g) Use plunger on clogged toilets and drains before calling Landlord/Landlord's Broker. h) Pay Landlord/Landlord's Broker upon demand for unnecessary workman service calls. i) Under no circumstances is Tenant to perform any electrical, gas line, or water line repairs. j) Tenant agrees to pay a $45.00 trip charge in the event a breach of this Lease Agreement by Tenant (i.e. failure to pay rent, dishonored check, unauthorized pet, failure to maintain landscaping, etc.) requires a trip to Premises by Landlord/Landlord's Broker. Periodic Pest Control: Unless otherwise provided by applicable state law (check if either applies) _x_ 1. Landlord shall at Landlord's expense provide pest control services for Property. _x_ 2. Tenant shall at Tenant's expense provide pest control services for Property. 15. ASSIGNMENT AND SUBLETTING No portion of the Premises shall be sublet nor this Agreement assigned. Any attempted subletting or assignment by Tenant, at the option of the Landlord, shall be a breach of this Agreement. 16. MOTOR VEHICLES, BOATS, ETC. No more than 2 motor vehicles may be kept on or near the Premises. No motor coach, trailer, camper, boat or other recreational vehicles shall be parked on or near the Premises. No commercial vehicles in excess of ¾ ton may be parked on or near the Premises. Tenant shall not perform vehicular repairs on, in, or in front of Premises. Vehicles shall not be parked, repaired, or washed on the lawn. Vehicles leaking fluids, oil, brake fluid, transmission fluid, gasoline and batteries shall not be allowed on the Premises. Inoperative and unregistered vehicles shall not be parked on, in, or in front of Premises. Tenant agrees to pay for towing any vehicle that is in violation of this paragraph. 17. INSURANCE All personal property located on or stored in the Premises shall be kept and stored at Tenant's sole risk and Tenant shall indemnify and hold harmless Landlord and Landlord's Broker from and against any loss or damage to such property arising from any cause whatsoever. Landlord recommends that Tenant carry renter's insurance with minimum liability coverage of $300,000 (or such higher amount required by a Pool/Spa Addendum attached to this Lease Agreement, if any) and personal property coverage in an amount adequate to cover Tenant's personal property. Although Landlord recommends that Tenant carry renter's insurance as indicated above, Tenant is under no obligation to purchase such insurance unless the Pool/Spa Addendum has been attached to this Lease. 18. INVENTORY/MOVE-IN CONDITION a) Landlord makes no express or implied warranties as to the Property's condition. Tenant has inspected the Property and accepts it AS-IS provided that Landlord: N/A b) Tenant will complete an Inventory and Condition Form, noting any damages to the Property, and deliver it to Landlord within 2 days after the Commencement Date. If Tenant fails to timely deliver the Inventory and Condition Form, the Property will be deemed to be free of damages, unless otherwise expressed in this Lease. The Inventory and Condition Form is not a request for repairs. Tenant must direct all requests for repairs in writing delivered by either mail, fax (866-585-8174-Tulsa, 866-697-7483-OKC) or email your request using the "repair form" on our website at: propertyframeworks.com. 19. MOVE OUT a) Move-Out Condition: When this Lease ends, Tenant will surrender the Property in the same condition as when received, normal wear and tear expected. Tenant will leave the Property in a clean condition free of all trash, debris, and any personal property. Tenant agrees to have the carpets professionally cleaned. If carpets are not professionally cleaned, then tenant agrees to pay Landlord's assessed cost for cleaning. Tenant may not abandon the Property. b) Definitions: (1) "Normal wear and tear" means deterioration that occurs without negligence, carelessness, accident, or abuse. (2) "Surrender" occurs when all occupants have vacated the Property, in Landlord's reasonable judgment, and one of the following events occurs: (a) The date Tenant specifies as the move-out or termination date in a written notice to Landlord has passed; or (b) Tenant returns keys and access devices that Landlord provided under this Lease. (3) "Abandonment" occurs when both of the following occur: (a) All occupants have vacated the Property, in Landlord's reasonable judgment; (b) Landlord has delivered written notice to Tenant, by affixing it to the inside of the main entry door or if the Landlord is prevented from entering the Property by affixing it to the outside of the main entry door, stating that Landlord considers the Property abandoned, and Tenant fails to respond to the affixed notice by the time required in the notice, which will not be less than 2 days from the date the notice is affixed to the main entry door. c) Personal Property Left After Move-Out: (1) Landlord may in accordance with the Oklahoma Landlord and Property Act store or dispose of any personal property surrendered or abandoned at the Property; (2) If Landlord is required to store the Tenant's personal property, Tenant agrees to reimburse Landlord all of Landlord's reasonable costs for packing, removing, storing, and selling the personal property left in the Property after surrender or abandonment. 20. SURRENDER Tenant agrees that upon vacating the Premises to surrender the Premises and all fixtures and equipment of Landlord therein in good, clean and operating condition, ordinary wear and tear expected. Tenant shall at the time of vacating the Premises, thoroughly clean the Premises, including, but not limited to, all appliances, removal of all trash from the Premises, and professionally cleaning the carpets. Further, upon vacating the Property, Tenant shall secure the Property and immediately deliver all keys and garage door openers, if any, to Landlord/Landlord's Broker as set out in paragraph 13(i) of this Lease. If such cleaning and removal of trash is not accomplished by Tenant, action deemed necessary by Landlord/Landlord's Broker to accomplish same may be taken by Landlord/Landlord's Broker at Tenant's expense. If Tenant fails to secure the Property and return all keys and garage door openers (if any), Tenant agrees to pay any cost incurred by the Landlord/Landlord's Broker to secure the Property including any repairs for damage to the Property as the result of Tenant's failure to secure the Property, and/or replace keys, locks and garage door openers. 21. ACCESS BY LANDLORD a) Signs: Landlord may prominently display a "For Sale" or "For Lease" or similarly worded sign on the Property during the term of this Lease or any renewal period. b) Access: Before accessing the Property, Landlord or anyone authorized by Landlord will attempt to first contact Tenant, but may enter the Property at reasonable times without notice to make repairs or to show the Property to prospective tenants or buyers, inspectors, fire marshals, lenders, appraisers, or insurance agents. Additionally, Landlord or anyone authorized by Landlord may peacefully enter the Property at reasonable times without first attempting to contact Tenant and without notice to: (1) survey or review the Property's condition; (2) make emergency repairs; or (3) leave written notices. c) Trip Charges: If Landlord or Landlord's Broker have made prior arrangements with Tenant to access the Property and are later denied or are not able to access the Property because of Tenant's failure to make the Property accessible, Landlord may charge Tenant a trip charge of $45.00. d) Keybox: A keybox is a locked container placed on the Property holding a key to the Property. The keybox is opened by a special combination, key, or programmed access device so that persons with the access device may enter the Property, even in Tenant's absence. The keybox is a convenience but involves risk (such as unauthorized entry, theft, property damage, or personal injury). Neither the Association of REALTORS® nor MLS requires the use of a keybox. (1) Tenant authorizes Landlord, Landlord's property manager, and Landlord's Broker to place on the Property a keybox containing a key to the Property: (a) during the last 45 days of this lease or any renewal or extension; and (2) Tenant may withdraw Tenant's authorization to place a keybox on the Property by providing written notice to Landlord and paying Landlord a fee of One and One half (1 ½) times one months rent as consideration for the withdrawal. Landlord will remove the keybox within a reasonable time after receipt of the notice of withdrawal and payment of the required fee. (3) If Landlord or Landlord's Broker have made prior arrangements with Tenant to access the Property and are later denied or are not able to access the Property because of Tenant's failure to make the property accessible, Landlord may charge Tenant a trip charge as provided in Paragraph 14.j. (4) Landlord, the property manager, and Landlord's Broker are not responsible to Tenant, Tenant's guests, family, or occupants for any damages, injuries, or losses arising from use of the key box unless caused by Landlord, the property manager, or Landlord's Broker. 22. ATTORNEY'S FEES In the event legal action or proceeding is brought by either party to enforce any part of this Lease Agreement, the prevailing party shall recover, in addition to all other relief, reasonable attorney's fees and costs. 23. HOA RULES Tenant must comply with any owner's association rules or restrictive covenants affecting the Property. Tenant will reimburse Landlord for any fines or other charges assessed against Landlord for violations by Tenant of any owner's association rule or restrictive covenant. Landlord is not obligated to pay any non-mandatory or user fees for Tenant's use of any common area or facilities (for example, pool or tennis courts). 24. NOTICE Notice to Landlord may be served to Landlord's Broker at the following address: c/o Property Frameworks, 5308 W. Plano Pkwy., Suite 100, Plano, TX 75093. Landlord's Broker is authorized to accept legal service on behalf of Landlord. Any notice provided for or permitted by this Lease to be given by one party to the other, may be given sufficiently for all purposes in writing, mailed as certified United States mail, postage prepaid, addressed to Landlord's Broker (or Tenant) to be notified at Landlord's Broker's (or Tenant's) address as set forth herein writing, or delivered personally to Landlord's Broker (or Tenant), and shall be deemed conclusively to have been given the date of such mailing or personal delivery. 25. BREACH OF CONTRACT. a) In the event of default by any one signatory, each and every remaining signatory shall be liable for timely payment of rent and shall be bound by all the terms, conditions and covenants of this Lease Agreement whether or not in actual possession of the Premises. Should Tenant neglect or fail to perform and observe any of the terms of this Lease, Landlord/Landlord's Broker shall give Tenant written notice of such breach, delivered to Tenant personally or mailed by certified mail, requiring the Tenant to immediately remedy the breach or vacate the Premises on or before the date at least fifteen (15) days after date of the notice (except in the event such breach is for failure to pay rent in which case the five (5) day statutory notice shall apply). If Tenant fails to comply with such notice the Landlord/Landlord's Broker may declare this Lease terminated and institute action to evict Tenant from the Premises without limiting the liability of Tenant for rent due or to become due under this Lease. In the event of a breach of this Agreement or eviction of Tenant for breach of this Agreement, Tenant agrees to pay Landlord/Landlord's Broker for all losses incurred as the result of such breach and/or eviction, including, but not limited to attorney's fees, late fees, rent, advertising costs, cleaning, painting, repairs, landscaping, etc. and re-letting expense of 80% of one month's rent. b) Military: If Tenant is or becomes a service member or a dependent of a service member of the United States Armed Forces on active duty and receives "Permanent Change of Station" (PCS) orders and Tenant is not in default of this Lease, Tenant may terminate this Lease by giving Landlord: (i) a certified copy of the orders; and (ii) written notice of termination of not less than the number of days Tenant must give to Landlord for termination under Paragraph 2. This paragraph does not apply to orders: (i) authorizing base housing or post housing; (ii) for deployment; or (iii) changing permanent stations which are located in the same county. c) Early Termination: Tenant(s) in good standing (those who are in compliance with all terms and conditions as provided for in the lease) shall have the option to terminate this lease prior to the end of the term or during any future renewal by providing the Landlord a minimum of forty-five (45) days written notice ("Notice") which provides the last date of occupancy and includes a payment to Landlord in the amount of two (2) month's rent ("Early Termination Fee") at the time the Notice is provided. The Early Termination Fee shall be deemed liquidated damages to the Landlord as a result of Tenant's early termination of the lease. Rent will be prorated on a daily basis through the revised end of term. Tenant is required to conform to all other terms of the lease or this early termination option will be forfeited and the Tenant will be responsible for the full amount of rent as provided for in the lease. 26. WAIVER BY LANDLORD The waiver by Landlord/Landlord's Broker of any breach shall not be construed to be a continuing waiver of any subsequent breach. The receipt by the Landlord/Landlord's Broker of the rent with the knowledge of any violation of a covenant or condition hereto shall not be deemed a waiver of such breach. No waiver by Landlord/Landlord's Broker of the provisions herein shall be deemed to have been made unless expressed in writing and signed by Landlord or Landlord's Broker. 27. DISCLOSURES a) Lead-Based Paint (Applicable to Property built before 1978 ONLY). Tenant acknowledges that prior to the signing this Lease, Tenant received the Landlord's completed and signed "Disclosure of Information of Lead-Based Paint and Lead-Based Paint Hazards" and Tenant has received and read a copy of the EPA Protect Your Family From Lead in Your Home pamphlet, which explains the hazards of lead-based paint. b) Flood Zone. The Landlord here by discloses the following flood hazard information: The above-described Premises __ is _X_is not located within a flood hazard area as indicated on Flood Insurance Rate Maps. In the event the Property is located in a flood hazard area, Tenant acknowledges that Tenant has received, read and signed the "Notice to Tenant of Location in Flood Hazard Area." c) Broker Relationship Disclosure. Tenant and Landlord acknowledge that prior to signing this Lease Agreement, they received and read a copy of the For Lease for Tenants and Landlords guide prepared by the Greater Tulsa Association of REALTORS, which includes an explanation of the Broker relationships. Tenant and Landlord further acknowledge that prior to signing this Lease, the following disclosures were made to each of them: Property Frameworks (Landlord's Broker) is acting: _X_ as a Single-Party Broker for the Landlord ____ as a Transaction Broker for the Landlord ____ as a Single-Party Broker for the Tenant ____ as a Transaction Broker for the Tenant ____ as a Transaction Broker for both the Landlord and the Tenant Property Frameworks (Locating Broker) is acting: _X_ as a Single-Party Broker for the Landlord ____ as a Transaction Broker for the Landlord ____ as a Single-Party Broker for the Tenant ____ as a Transaction Broker for the Tenant ____ as a Transaction Broker for both the Landlord and the Tenant d) Fair Housing. Landlord, Landlord's Broker and Tenant acknowledge and agree that Landlord/Landlord's Broker shall lease the Premises to the Tenant without regard to sex, race, religion, color, handicap, familial status or national origin. 28. ENTIRE AGREEMENT This Lease Agreement constitutes the entire Agreement between the parties, and no promises or representations, other than those contained herein, have been made by Landlord or Landlord's Broker. Any modification to this Agreement must be in writing and signed by Landlord or Landlord's Broker and Tenant. 29. OTHER CONDITIONS N/A 30. SMOKE DETECTOR Tenant agrees to test the smoke detector at least once a week. If the detector is battery powered, Tenant agrees to replace the battery as needed. After replacing the battery, if the smoke detector still does not work, Tenant agrees to inform Landlord or Landlord's Broker immediately in writing. If the detector is not battery powered, Tenant agrees to inform Landlord or Landlord's Broker immediately of any malfunction. Tenant has been instructed on the care and operation of the smoke detector and knows how to operate and care for the smoke detector. 31. CARBON MONOXIDE DETECTORS Tenant is authorized to install a carbon monoxide detector. If detector is battery operated, Tenant agrees to test such detector once a week and replace batteries as needed. 32. ADDENDUMS Tenant has received the following attachments and addendums, if any, which by reference are hereby incorporated in and made part of this Lease: __ THE UNDERSIGNED Tenant(s) acknowledges having read and understood the above and has received a copy of this Lease Agreement and all attachments and addendums and accepts the Property in its present condition. <table> <tr> <th>Landlord:</th> <th>Date:</th> </tr> <tr> <td>Tenant: [signature] [DocuSigned by: [initials]]</td> <td>Date: May-16-2019 | 8:16:24 AM PDT</td> </tr> <tr> <td>Tenant: Jessica J. Geode [DocuSigned by: [initials]]</td> <td>Date: May-16-2019 | 8:23:04 AM PDT</td> </tr> <tr> <td>Tenant:</td> <td>Date:</td> </tr> <tr> <td>Tenant:</td> <td>Date:</td> </tr> </table> Or signed for Landlord under written property Management Agreement: By: [signature] [DocuSigned by: [initials]] _ May-16-2019 | 2:14:06 PM CDT __________________ Tenant Ledger Tenants: Dominic Goode, Jessica Goode Mobile: ( ) Unit: -- Property [REDACTED] Status: Past Move in date: 11/04/2017 Move out date: 06/21/2021 Lease Expiration: 05/31/2021 Rent: 0.00 Deposit Paid: 0.00 <table> <tr> <th>Date</th> <th>Payer</th> <th>Description</th> <th>Charges</th> <th>Payments</th> <th>Balance</th> </tr> <tr> <td colspan="6">Starting Balance</td> <td>0.00</td> </tr> <tr> <td>11/01/2020</td> <td></td> <td></td> <td>1,445.00</td> <td>1,445.00</td> <td>0.00</td> </tr> <tr> <td>11/05/2020</td> <td></td> <td></td> <td>100.00</td> <td>1,545.00</td> <td>1,545.00</td> </tr> <tr> <td>11/13/2020</td> <td></td> <td></td> <td>250.00</td> <td>1,795.00</td> <td>1,795.00</td> </tr> <tr> <td>11/24/2020</td> <td>Jessica Goode</td> <td></td> <td>1,000.00</td> <td>795.00</td> <td>795.00</td> </tr> <tr> <td>11/24/2020</td> <td>Jessica Goode</td> <td></td> <td></td> <td>795.00</td> <td>0.00</td> </tr> <tr> <td>12/01/2020</td> <td></td> <td></td> <td>1,445.00</td> <td>1,445.00</td> <td>0.00</td> </tr> <tr> <td>12/18/2020</td> <td>Jessica Goode</td> <td></td> <td>1,445.00</td> <td>0.00</td> <td>0.00</td> </tr> <tr> <td>01/01/2021</td> <td></td> <td></td> <td>1,445.00</td> <td>1,445.00</td> <td>0.00</td> </tr> <tr> <td>01/02/2021</td> <td>Jessica Goode</td> <td></td> <td>1,445.00</td> <td>0.00</td> <td>0.00</td> </tr> <tr> <td>01/25/2021</td> <td></td> <td></td> <td>1,445.00</td> <td>1,445.00</td> <td>0.00</td> </tr> <tr> <td>01/25/2021</td> <td>Dominic Goode</td> <td></td> <td></td> <td>1,445.00</td> <td>0.00</td> </tr> <tr> <td>02/01/2021</td> <td></td> <td></td> <td>1,445.00</td> <td>1,445.00</td> <td>0.00</td> </tr> <tr> <td>02/05/2021</td> <td>Jessica Goode</td> <td></td> <td>1,445.00</td> <td>0.00</td> <td>0.00</td> </tr> <tr> <td>03/01/2021</td> <td></td> <td></td> <td>1,445.00</td> <td>1,445.00</td> <td>0.00</td> </tr> <tr> <td>03/05/2021</td> <td></td> <td></td> <td>100.00</td> <td>1,545.00</td> <td>1,545.00</td> </tr> <tr> <td>03/15/2021</td> <td></td> <td></td> <td>250.00</td> <td>1,795.00</td> <td>1,795.00</td> </tr> <tr> <td>03/24/2021</td> <td>Jessica Goode</td> <td></td> <td>1,000.00</td> <td>795.00</td> <td>795.00</td> </tr> <tr> <td>03/24/2021</td> <td>Jessica Goode</td> <td></td> <td></td> <td>795.00</td> <td>0.00</td> </tr> <tr> <td>04/01/2021</td> <td></td> <td></td> <td>1,445.00</td> <td>1,445.00</td> <td>0.00</td> </tr> <tr> <td>04/05/2021</td> <td>Jessica Goode</td> <td></td> <td>1,445.00</td> <td>0.00</td> <td>0.00</td> </tr> <tr> <td>05/01/2021</td> <td></td> <td></td> <td>1,445.00</td> <td>1,445.00</td> <td>0.00</td> </tr> <tr> <td>05/05/2021</td> <td></td> <td></td> <td>100.00</td> <td>1,545.00</td> <td>1,545.00</td> </tr> <tr> <td>06/01/2021</td> <td></td> <td></td> <td>770.67</td> <td>2,315.67</td> <td>2,315.67</td> </tr> <tr> <td>07/01/2021</td> <td>Jessica Goode</td> <td></td> <td>2,940.00</td> <td>-624.33</td> <td>2,295.67</td> </tr> <tr> <td>08/04/2021</td> <td></td> <td></td> <td>90.00</td> <td>-534.33</td> <td>2,295.67</td> </tr> <tr> <td>08/04/2021</td> <td></td> <td></td> <td>2,830.00</td> <td>2,295.67</td> <td>2,295.67</td> </tr> <tr> <td>08/04/2021</td> <td></td> <td></td> <td>225.00</td> <td>2,520.67</td> <td>2,520.67</td> </tr> <tr> <td>08/04/2021</td> <td></td> <td></td> <td>365.00</td> <td>2,885.67</td> <td>2,885.67</td> </tr> </table> Tenant Ledger Date Payer Description Charges Payments Balance 08/04/2021 08/04/2021 08/04/2021 08/04/2021 08/04/2021 08/04/2021 175.00 3,060.67 400.00 3,460.67 60.00 3,520.67 170.00 3,690.67 150.00 3,840.67 -1,445.00 2,395.67 Total 2,395.67