A Texas lease agreement is a binding document between a landlord and a tenant, written following Texas’ landlord-tenant laws. The landlord agrees to rent their property to a tenant for a fee, and the tenant agrees to the lease agreement’s terms and conditions.
Rental Lease Laws Overview
- Rent Control: No.
- Limit on Late Fees: Yes.
- Late Fees in Rental Agreement: Yes.
- Grace Period: Yes.
- License Required for Landlord: No.
A landlord uses a rental application to streamline the application process and reduce the time they spend on tenant screening.
By Type (6)
Standard Lease Agreement
Sets up an occupancy arrangement for a unit.
Month-to-Month Rental Agreement
Lets tenants occupy a rental property from month to month.
Commercial Lease Agreement
A formal agreement for renting facilities like stores, offices, or other business spaces.
Room Rental Agreement
A legal agreement where the original tenant rents out a room to another person, under specific conditions approved by the landlord.
Sublease Agreement
Permits the subtenant to lease all or part of a rented property from a tenant.
Rent-to-Own Lease Agreement
Creates a setting where tenancy can transition into property ownership.
Required Lease Disclosures
Texas law requires landlords to make the following disclosures:
- Identification. The landlord must provide the name and address of the owner of the rented property. The landlord must also provide the name and mailing address of any management company that takes care of the property. [1]
- Parking Rules Addendum. The landlord must provide the rules for parking on the property and any towing procedures in place. [2]
- Special Conditions to Cancel Agreement. The landlord must state that the tenant is allowed to end the lease early in case of a military deployment/transfer or family violence [3] and include the following statement in the lease:
“Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer.”
- Tenant’s Remedies. The landlord must dictate the tenant’s remedies if they don’t perform a repair within seven days. [4]
- Disclosure of Lead-Based Hazards. If the property was built before 1978, the landlord must disclose the possibility of the property having lead-based paint. [5]
Security Deposit
- Maximum Amount: No maximum.
- Receipts: Not specified.
- Interest Payments: Not required.
- Bank Account: While state law doesn’t demand landlords to hold the deposit in a separate account, they must maintain accurate records. [6]
- Returning Requirements: A landlord must return a tenant’s deposit within 30 days of the lease’s end. [7]
- Withholding Rules: If the landlord keeps all or part of the deposit, the landlord must give them the remaining balance (if applicable) and an itemized list of all deductions. The landlord doesn’t have to give this itemized list if the tenant owes rent when they leave the premises, and there’s no disagreement over the amount owed. [8]
Rent Payments
- Laws: Rent is usually due on the first day of the rental period, but the landlord and tenant can agree to a different day.
- Rent Control: There are no rent control laws for the state. However, a city’s governing body can implement rent control laws if the governing body discovers a housing crisis due to a disaster and the governor approves the law. [9]
- Late Fees and Grace Period: The landlord cannot charge more than 12% (for dwellings located in a structure with four or fewer units) or 10% (for dwellings located in a structure with more than four units). The landlord may only charge a late fee two days after the rent’s due date. [10] After two days, the landlord can issue a 3-day notice to quit for non-payment of rent.
- Withholding Rent: The tenant can deduct up to the greater amount of $500 or one month’s rent for necessary repairs that the landlord doesn’t make. [11]
Landlord Right of Entry
- Notice Requirements: Texas doesn’t have a statute commanding landlords’ right to entry, but it’s common courtesy to provide at least 24 hours written notice before they enter the property.
- Keys, Locks, and Security: A landlord can change the door lock of a tenant who hasn’t paid rent, but they must place a written notice on their front door. This notice must provide a location the tenant can visit to get a new key and list the amount of rent that’s due. The lease must include a clause stating that the landlord has the right to change the locks if a tenant fails to pay rent on time. [12]
Property Repairs
- Landlord Responsibilities: The landlord must remedy a condition if the tenant specifies the condition, the tenant isn’t delinquent in rent payments, and the condition materially affects the tenant’s health and safety. The landlord doesn’t have to remedy a problem if the tenant or someone associated with the tenant caused it. [13]
- Tenant Repairs: The tenant must keep the property in a clean and sanitary condition and not cause any damage besides normal wear and tear. It’s their responsibility to inform the landlord of necessary repairs. [14]
- Abandonment: If the tenant abandons the property, the landlord generally doesn’t have an obligation to make repairs unless the tenant made a request prior to their abandonment.
Terminating a Lease
- Month-to-Month Tenancy: The landlord must distribute a 30-day notice to end a month-to-month tenancy.
- Unclaimed Property: A landlord can remove a tenant’s property if they abandoned the property. State law doesn’t mention how long they must store it before disposing of or selling it. [12]
City-Specific Considerations
Above are the requirements landlords and tenants follow in Texas. However, some major cities, such as Austin, Dallas, El Paso, Fort Worth, Houston, and San Antonio, have local considerations. Check your local laws when creating a lease agreement to ensure you comply.
Sample
Our Texas lease agreement template can help you create your own and start renting your property. Download it as a PDF or Word file below:
