A Texas lease agreement is a binding document between a landlord and a tenant, written following Texas’s 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.
Elements within a lease agreement include the tenant’s and landlord’s contact information, security deposit fees, rental payments, health hazards, pet prohibitions, and the property’s address.
By Type (6)
Room Rental Agreement
A legal agreement where the original tenant rents out a room to another person, under specific conditions approved by the landlord.
Commercial Lease Agreement
A formal agreement for renting facilities like stores, offices, or other business spaces.
Rent-to-Own Lease Agreement
Creates a setting where tenancy can transition into property ownership.
Sublease Agreement
Permits the subtenant to lease all or part of a rented property from a tenant.
Laws
Overview
Rent Control: No
Limit on Late Fees: Yes
Late Fees in Rental Agreement: Yes
Grace Period: Yes
License Required for Landlord: No
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 (TX Prop § 92.201).
- Parking Rules Addendum. The landlord must provide the rules for parking on the property and any towing procedures in place (TX Prop § 92.0131).
- 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 (TX Prop § 92.016) 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 (TX Prop § 92.0561).
- Disclosure of Lead-Based Hazards. If the property was built before 1978, the landlord must issue a disclosure about the possibility of the property having lead-based paint (42 U.S. Code § 4852d).
Security Deposit
Texas doesn’t have a statute regarding a security deposit maximum, so there’s no limit to the amount a landlord can request from a tenant.
A landlord must return a tenant’s security deposit within thirty days (30) of the end of the lease (TX Prop § 92.103).
Landlord Right of Entry
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.
Small Claims Court
A tenant can sue a landlord for up to $20,000 in small claims court if they need to recover an unreturned security deposit (Rules 500 – 507 of Part V of the Rules of Civil Procedure).
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’re in compliance.
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:
