What Is a Texas Lease Agreement?
A Texas lease agreement is a legal document that outlines the terms of renting residential property in Texas. It is signed by the landlord (property owner) and the tenant (renter) and is governed by Texas landlord-tenant law.
This agreement typically includes:
- The length of the lease
- The monthly rent amount
- The security deposit
- The responsibilities of each party
Under the Texas Business & Commerce Code § 26.01, a lease that lasts more than one year should be in writing to be legally enforceable. Oral agreements longer than one year will not hold up in court. Creating a written lease protects both sides by clearly stating the rules for living in the rental. It helps prevent misunderstanding and provides legal options if either party breaks the agreement (Tenant’s Rights Handbook).
Texas Landlord-Tenant Laws Overview
| Topic | Rule | Texas Code |
|---|---|---|
| Security Deposit | No cap on the amount charged. | Texas Property Code §§ 92.101-113 |
| Deposit Return | Must be returned within 30 days after the lease ends, but this deadline only applies once the tenant provides a forwarding address. If no address is given, the landlord is not required to return the deposit until one is supplied. | Texas Property Code § 92.103 and Texas Property Code § 92.107 |
| Habitability | The landlord must repair conditions that affect health or safety. | Texas Property Code § 92.052 |
| Late Fees | Must be reasonable, clearly stated in the lease, and may only be charged if any part of the rent remains unpaid for at least two full days. | Texas Property Code § 92.019 |
| Notice to Terminate (Month-to-month) | Either party must give at least 30 days' notice. | Texas Property Code § 91.001 |
| NSF (Bad Check) Fee | Max $30 for bounced checks. | Texas Business & Commerce Code Sec. 3.506 |
| Grace Period | Late fees can't be charged until rent is at least 2 days late. | Texas Property Code Ch. 92 Sec. 019 |
| Fair Housing Protections | Discrimination in housing is prohibited under state and federal law. | Texas Fair Housing Act – Texas Property Code Ch. 301 |
It is important to note that Texas law does not require landlords to perform move-in inspections or set a specific rent due date. To avoid confusion, these terms should be clearly outlined in the lease agreement.
City-Specific Rental Laws in Texas
Some Texas cities have additional rental regulations. If you’re renting in Austin, Dallas, El Paso, Fort Worth, Houston, or San Antonio, review local laws before signing a lease.
Texas Lease Agreements (By Type)
Whether you’re renting out a home, leasing a room, or managing a commercial space, there are several types of Texas lease agreement templates that you can use to fit your needs. Each form below can be customized to match your rental terms and comply with Texas law.
Texas Standard Lease Agreement
Sets up an occupancy arrangement for a unit.
Texas Month-to-Month Rental Agreement
Lets tenants occupy a rental property from month to month.
Texas Commercial Lease Agreement
A formal agreement for renting facilities like stores, offices, or other business spaces.
Texas Room Rental Agreement
A legal agreement where the original tenant rents out a room to another person, under specific conditions approved by the landlord.
Texas Sublease Agreement
Permits the subtenant to lease all or part of a rented property from a tenant.
Texas Rent-to-Own Lease Agreement
Creates a setting where tenancy can transition into property ownership.
Texas Security Deposit Rules
No Maximum Deposit Amount
Texas does not limit how much a landlord can charge for a security deposit (Texas Property Code § 92.101-113).
Deposits Return Deadline
Landlords in Texas must return the security deposit no later than 30 days after the lease ends, the tenant moves out, and until the tenant provides a forwarding address (Texas Property Code § 92.103).
Itemized List of Deductions
If the landlord keeps all or part of the deposit, they must give the tenant a written list of deductions (Texas Property Code § 92.104). The landlord does not need to provide this list if the tenant owes rent and there is no dispute about the amount (Texas Property Code § 92.104(c)).
Recordkeeping Requirements
While Texas law does not require the deposit to be held in a separate bank account, landlords must maintain accurate records (Texas Property Code § 92.106)
Rent Rules and Payment Terms in Texas
Rend Due Date
Rent is usually due on the first day of the rental period. Landlords and tenants can agree to a different due date in the lease.
Rent Control
Texas does not have statewide rent control. Local governments can only pass rent control laws during a housing crisis if the governor approves (Texas Local Government Code § 214.902).
Late Fees
Landlords can only charge a late fee if the rent is at least two days late. The amount they can charge depends on the size of the property. If the property has four or fewer units, the fee can be up to 12% of the monthly rent. If the property has more than four units, the fee can be up to 10% (Texas Property Code § 92.019).
Repair Cost Deductions
Tenants may deduct repair costs in some cases. If the landlord fails to make necessary repairs, tenants may deduct up to $500 or one month’s rent, whichever is greater (Texas Property Code § 92.0561).
Landlord’s Right of Entry in Texas
Texas law does not require landlords to give advance notice before entering a rental unit. However, it is considered standard practice to provide at least 24 hours’ written notice for non-emergency access. To avoid disputes, this notice period should be clearly stated within the rental agreement.
Changing the Locks for Non-Payment
If the tenant does not pay rent, the landlord may change the locks. The landlord must leave a written notice on the tenant’s front door that includes:
- The amount of rent due
- A phone number or location where the tenant can obtain a new key
The landlord must provide a new key even if the rent is unpaid (Texas Property Code § 92.0081).
Repairs and Maintenance Responsibilities in Texas
Texas law assigns specific responsibilities to landlords and tenants to ensure the rental unit is safe and livable under Texas Property Code § 92.052.
Landlord’s Responsibilities
Landlords must make repairs that affect a tenant’s health or safety as long as they are current on rent. Tenants can submit a written request for maintenance work or repairs. Landlords are not responsible for repairing issues caused by the tenant or their guest.
Tenant’s Responsibilities
Tenants must keep the rental unit clean and safe and avoid damage beyond normal wear and tear. They should also tell the landlord immediately when something needs to be repaired.
Abandonment
If a tenant moves out without sending a repair request, the landlord usually doesn’t have to make repairs.
Evictions and Lease Violations in Texas
Texas landlords must give tenants at least three days’ written notice to vacate before filing for eviction, unless the lease agreement states otherwise (Texas Property Code § 24.005).
Valid reasons for ending a lease include non-payment of rent, violating lease terms, or illegal activity on the property. For periodic tenancies like month-to-month leases, either party may end the agreement with at least 30 days’ notice.
Required Lease Disclosures in Texas
Landlords in Texas must include specific disclosures in residential lease agreements to comply with state and federal law.
Landlord’s Name and Address
The lease must list the name and address of the property owner or manager responsible for maintaining the rental unit (Texas Property Code § 92.201).
Lead-Based Paint Disclosure
This is required for any property built before 1978. Federal law mandates that landlords warn tenants about potential lead paint hazards(EPA Lead Disclosure Rule).
Tenants’ Right to Repair and Deduct
If a landlord fails to fix a specific issue affecting health and safety, the tenants may have the right to deduct repair costs from their rent (Texas Property Code § 92.056).
Security Deposit Terms
The lease must outline when and how the deposit will be returned and any conditions for withholding (Texas Property Code § 92.103).
Parking and Towing Policies
Landlords must include a written addendum describing the property’s parking rules and any towing procedures tenants should know (Texas Property Code § 92.0131).
Flood Disclosure
Landlords must tell tenants if the property has flooded within the past five years (Texas Property Code § 92.0135).
Early Termination Rights
Landlords must notify tenants of their right to end the agreement in situations involving family violence or military deployment (Texas Property Code § 92.016).
Sample Texas Lease Agreement
View our sample Texas lease agreement template to learn how to complete each section with the correct rental details. Then, use our step-by-step questionnaire to create a customized lease, and download your Texas residential lease agreement in PDF and Word format.
