Texas Rental Lease Agreement Templates (8)

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A Texas lease agreement is a contract that grants a tenant the right to occupy a residential or commercial property in exchange for the payment of rent. Every type of lease agreement includes the terms and conditions of leasing property, such as the monthly cost, additional fees, rules and guidelines, and state-required disclosures.

Texas Rental Lease Agreement Templates (8)

A Texas lease agreement is a contract that grants a tenant the right to occupy a residential or commercial property in exchange for the payment of rent. Every type of lease agreement includes the terms and conditions of leasing property, such as the monthly cost, additional fees, rules and guidelines, and state-required disclosures.

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Last updated April 2nd, 2024

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A Texas lease agreement is a contract that grants a tenant the right to occupy a residential or commercial property in exchange for the payment of rent. Every type of lease agreement includes the terms and conditions of leasing property, such as the monthly cost, additional fees, rules and guidelines, and state-required disclosures.

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Rental Application – Completed by a tenant to share their personal and employment details with a landlord to authorize a background check.

Lease Agreements: By Type (8)

Standard (1-year) Lease Agreement – A lease that grants a tenancy term of one (1) year to a residential occupant.

 

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Apartment Assoc. Lease Agreement – Provided by the Texas Apartment Association for dwellings located in multi-family properties.

 

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Assoc. of Realtors – Required to be used by a licensed real estate agent affiliated with the Association of Realtors.

 

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Commercial Lease Agreement – Used by landlords when leasing property to a business for retail, industrial, or office purposes.

 

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Month-to-Month Lease Agreement – A rental arrangement with no end date that remains in effect until the lessee or lessor decides to terminate.

 

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Rent-to-Own Agreement (Lease Option) – A rental contract that grants the tenant the right to purchase the property under specific conditions after the tenancy expires.

 

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Roommate Agreement – Used to establish the rights and responsibilities of multiple individuals occupying the same living space.

 

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Sublease Agreement – Used by tenants who want to lease their rented space to another person with permission from their landlord.

 

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Required Disclosures (7)

  1. 100-Year Flood Plain (PDF) – The landlord must provide notice to the tenant to state whether or not the property is located in a 100-year flood plain.[1]
  2. Lead-Based Paint Disclosure (PDF) – If a rental property was constructed before 1978, the landlord must complete this disclosure and have the tenant sign it.[2]
  3. Ownership and Management – The landlord must provide the name and address of the owner and, if applicable, the management company of the property.[3]
  4. Right to Interrupt Utilities – If landlords want to reserve the right to shut off electricity for nonpayment by a tenant, they must disclose this right in the lease agreement and provide a notice before interruption occurs.[4]
  5. Special Conditions to Cancel Agreement – Lease agreements must disclose a tenant’s right to terminate the lease under special circumstances using the following statement or similar language: “Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer.”[5]
  6. Texas Parking Rules Addendum (PDF) – For landlords of a multi-unit complex, tenants must be given a written disclosure before a lease is signed that familiarizes them with the parking and towing policies.[6]
  7. Tenant’s Remedies – A lease must inform a tenant of the available remedies under law pertaining to repairs of the premises.[7]

Security Deposits

Maximum Amount ($) – There are no Texas statutes that impose a maximum security deposit limit.

Collecting Interest – State statutes do not mention the collection of interest on security deposits.

Returning to Tenant – Security deposits must be returned 30 days after the tenant gives up possession of the property to the landlord.[8]

  • Note: A landlord does not have to return a security deposit until the tenant provides a forwarding address. Failing to provide an address, however, does not obstruct the tenant’s right to their deposit.[9]

Itemized List Required? – Yes, if the landlord uses some or all of the security deposit to fix damages other than normal wear and tear, they must provide the tenant with a list of all deductions.[10]

  • Exception: If the tenant still owes rent, the landlord is not obligated to send an itemized list.

Separate Bank Account? – No, state law does not specify whether security deposits must be kept in a separate bank account, only that landlords must maintain accurate records.[11]

Landlord’s Entry

General Access – Texas property code doesn’t specifically mention the need to notify tenants before a landlord enters the premises.

Immediate Access – Not mentioned in state statutes. The Tenants Rights Handbook (page 6), however, states that it is acceptable for a landlord to enter a tenant’s rental unit only in emergency situations and for routine inspections/repairs. In the latter case, notice is still recommended.

Rent Payments

Grace Period – There is a two-day grace period before a landlord can collect a late fee from a tenant. Furthermore, the fee must be reasonable and written in the lease agreement.[12]

Maximum Late Fee ($) – A late fee is considered reasonable if it is 12% of the rent amount when the rental property has four units or less. When the building has more than four units, 10% is considered reasonable.[13]

  • Exception: Landlords may charge more than the mentioned percentages but only for expenses or costs associated with collecting the late rent payment.[14]

Bad Check (NSF) Fee – Fees charged to tenants for bounced checks are not covered by state law.

Withholding Rent – A tenant cannot legally withhold rent payments. If they do, the landlord can recover damages equal to one month’s rent plus $500 after proper notice has been delivered.[15]

Breaking a Lease

Non-Payment of Rent – If a tenant fails to pay rent, the landlord must give them three days notice to pay or vacate the premises before starting an eviction suit.[16]

Non-Compliance – If a tenant breaches their lease agreement, the landlord must deliver a 3-day notice to comply or quit before they can file for eviction.

Landlord Repairs – Besides normal wear and tear caused by the tenant, the landlord should be notified by the tenant of any necessary repairs that affect their health or safety.[17]

Lockouts – Landlords cannot lock a tenant out of their rental property without proper judicial process or for legitimate reasons listed under state law.[18]

Leaving Before the End Date – A landlord’s remedies for a tenant abandoning rental property before the lease has terminated are not mentioned in state statutes.

Lease Termination

Month-to-Month – In order to end a month-to-month tenancy, either party must deliver a 1-month notice to quit to the other.[19]

Unclaimed Property – If a tenant leaves their property in the rental unit, the landlord may remove it. No storage or timeframe for recovery is mentioned in state statutes.[20]