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Texas

A Texas lease agreement is a legally binding document between a landlord and a tenant, structured in accordance with Texas landlord-tenant laws. In this agreement, the landlord consents to rent their property to a tenant for a specified fee, while the tenant agrees to adhere to the terms and conditions outlined in the lease.

SimpleBasicLease_Texas

SimpleBasicLease_Texas

Rental Lease Laws Overview

In Texas, there are no rent control laws. However, there are specific regulations regarding late fees, which are permitted within certain limits. A grace period is also provided, and landlords are not required to hold a license.

Required Lease Disclosures

Texas law mandates that landlords disclose several key pieces of information in the lease agreement:

  • Identification: Landlords must provide the name and address of the property owner, as well as the name and mailing address of any management company involved.

  • Parking Rules Addendum: Landlords are required to outline parking rules and any towing procedures.

  • Special Conditions to Cancel Agreement: Tenants must be informed of their rights to terminate the lease early due to military deployment or family violence, including 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 lease must specify the remedies available to tenants if the landlord fails to perform necessary repairs within a seven-day timeframe.

  • Disclosure of Lead-Based Hazards: For properties constructed before 1978, landlords must disclose the potential presence of lead-based paint.

Security Deposit

Texas law does not impose a maximum limit on security deposits. While landlords are not required to provide receipts or pay interest on these deposits, they must maintain accurate records. Security deposits must be returned within 30 days after the lease ends. If a landlord withholds any portion of the deposit, they must provide the tenant with the remaining balance and an itemized list of deductions, unless the tenant owes rent and there is no dispute over the amount owed.

Rent Payments

Rent is typically due on the first day of the rental period, although landlords and tenants may agree to a different due date. There are no statewide rent control laws, but local governing bodies may implement rent control under specific circumstances. Landlords can charge late fees, which are limited to 12% for properties with four or fewer units and 10% for larger properties. Late fees can only be charged two days after the rent due date, and landlords may issue a three-day notice to quit for non-payment after this period. Tenants have the right to withhold rent for necessary repairs that the landlord fails to address, up to the greater of $500 or one month’s rent.

Landlord Right of Entry

Texas law does not explicitly outline the notice requirements for landlords entering a property, but it is customary to provide at least 24 hours written notice. Landlords may change the locks for tenants who have not paid rent, provided they leave a written notice on the tenant’s door detailing where to obtain a new key and the amount of rent due. The lease must include a clause allowing the landlord to change locks for non-payment.

Property Repairs

Landlords are responsible for addressing conditions that materially affect tenant health and safety, provided the tenant has reported the issue and is current on rent. They are not liable for problems caused by the tenant or their associates. Tenants must keep the property clean and sanitary and are responsible for informing the landlord of necessary repairs. If a tenant abandons the property, the landlord is generally not obligated to make repairs unless a request was made prior to abandonment.

Terminating a Lease

To terminate a month-to-month tenancy, landlords must provide a 30-day notice. If a tenant abandons the property, the landlord may remove the tenant’s belongings, but state law does not specify how long they must store these items before disposal or sale.

City-Specific Considerations

While the information provided outlines state requirements, local laws in major Texas cities such as Austin, Dallas, El Paso, Fort Worth, Houston, and San Antonio may have additional considerations. It is advisable to check local regulations when creating a lease agreement to ensure compliance.

Statutes

FAQs

In Texas, landlords must provide several disclosures, including the name and address of the property owner, parking rules, special conditions for early lease termination due to military deployment or family violence, tenant remedies for unperformed repairs, and disclosure of lead-based hazards if the property was built before 1978.

Texas law does not set a maximum amount for security deposits. However, landlords must return the deposit within 30 days of the lease’s end and provide an itemized list of deductions if any part of the deposit is withheld, unless the tenant owes rent.

A landlord must provide a 30-day notice to terminate a month-to-month lease in Texas. This notice allows the tenant sufficient time to vacate the property.

In Texas, landlords can charge late fees of up to 12% for properties with four or fewer units and 10% for larger properties. Late fees can only be charged two days after the rent due date.

Tenants in Texas have the right to deduct up to $500 or one month’s rent for necessary repairs that the landlord fails to address. The landlord is required to remedy conditions that materially affect the tenant’s health and safety if the tenant has reported the issue.

Yes, a landlord in Texas can change the locks if a tenant has not paid rent, but they must provide written notice on the tenant’s front door, including the amount due and where the tenant can obtain a new key.

If a tenant abandons the property in Texas, the landlord can remove the tenant’s belongings. However, state law does not specify how long the landlord must store the abandoned property before disposing of or selling it.

Yes, Texas law provides a grace period for late rent payments. Landlords can only charge late fees two days after the rent due date, allowing tenants a short period to make their payments without penalty.