Texas Lease Agreement

Understanding Texas Lease Agreement Requirements

State Legal Framework

Texas landlord tenant law provides the foundation for all residential rental agreements in the state. The Texas Property Code Chapter 92 establishes rights and responsibilities for both parties. Texas maintains one of the most landlord-friendly legal environments in the nation, with streamlined eviction procedures and significant flexibility in lease terms. The state prohibits rent control by law, ensuring landlords have complete flexibility in setting rental rates. Local municipalities cannot enact rent control ordinances. The Texas rental lease agreement becomes enforceable when both parties sign the document, creating mutual obligations that govern the entire landlord-tenant relationship under the Texas Property Code.

Written Agreement Standards

Texas does not legally require written lease agreements for tenancies under one year. However, creating a written residential lease agreement Texas landlords can reference provides essential documentation and legal protection. Written agreements prevent disputes by establishing explicit terms both parties acknowledge and accept. Texas courts strongly favor written agreements in landlord-tenant disputes.

Essential Elements of a Texas Lease Agreement

Parties and Property Identification

Complete Party Information Every Texas lease agreement template should identify all parties involved in the rental arrangement. Required information includes:

• Full legal names of all landlords or property managers
• Full legal names of all adult tenants
• Complete property address including unit numbers
• Legal property description when applicable

Accurate identification prevents confusion about who holds rights and responsibilities under the agreement.

Lease Term and Duration

Fixed-Term Agreements Fixed-term leases establish specific start and end dates for tenancies. Most Texas rental contracts run for 12-month periods, though landlords can create agreements for any duration. Fixed-term leases provide stability for both parties and establish clear expectations about tenancy length.

Month-to-Month Arrangements Month-to-month rental agreements offer flexibility for landlords and tenants who prefer shorter commitments. These arrangements automatically renew each month until either party provides proper termination notice. Texas requires at least one month written notice to terminate month-to-month tenancies, unless the lease specifies a different period.

Rent Payment Terms

Payment Obligations Texas lease agreements must clearly state rent payment requirements including:

• Monthly rent amount
• Payment due date
• Accepted payment methods
• Where tenants should submit payments
• Grace period provisions (if offered)

Texas law does not mandate a grace period for rent payments. Landlords can charge late fees immediately if rent is not paid on the due date, unless the lease provides a grace period.

Late Fee Provisions Texas does not impose statutory caps on late fee amounts, allowing landlords to set penalties for overdue rent according to lease terms. Late fee policies should appear clearly in the rental agreement Texas tenants receive. Courts may refuse to enforce fees deemed excessive or punitive.

Security Deposit Requirements in Texas

Deposit Limits and Handling

No Statutory Cap Texas places no legal limit on security deposit amounts. Landlords can request deposits based on property value, rental rates, and risk assessment. Most landlords collect deposits equal to one or two months rent, though higher amounts are legally permissible.

No Separate Account Requirements Texas does not require landlords to hold security deposits in separate escrow accounts or pay interest on deposited funds. Landlords have flexibility in managing deposit funds while maintaining proper records.

Return Procedures

30-Day Timeline Texas landlords must return security deposits within 30 days after tenants surrender the premises. The lease may specify a longer period, but not shorter than 30 days. This timeline applies to both the deposit return and required itemized statements of deductions.

Forwarding Address Requirement Tenants must provide a forwarding address to receive the deposit refund. If the tenant fails to provide a forwarding address, the landlord’s duty to return the deposit does not begin until the address is provided.

Itemization Requirements If landlords withhold any portion of the deposit, they must provide a written itemized statement of deductions describing:

• Each item of damage claimed
• Actual cost of repairs
• Any unpaid rent or charges

Allowable Deductions Landlords can deduct from security deposits for:

• Unpaid rent
• Damage beyond normal wear and tear
• Costs to restore property to move-in condition
• Cleaning costs
• Early termination costs if lease was breached
• Other charges authorized in the lease agreement

Wrongful Withholding Penalties

Texas imposes significant penalties on landlords who wrongfully withhold security deposits. Landlords who act in bad faith by retaining deposits may be liable for:

• $100 statutory penalty
• Three times the amount wrongfully withheld
• Reasonable attorney fees
• Court costs

These penalties make compliance with security deposit requirements essential.

Required Disclosures for Texas Rental Agreements

Lead-Based Paint Disclosure

Federal law mandates lead-based paint disclosures for all rental properties built before 1978. Texas landlords must provide:

• Written disclosure of known lead-based paint presence
• EPA pamphlet “Protect Your Family from Lead in Your Home”
• Ten-day opportunity for lead inspection
• Signed acknowledgment of disclosure receipt

Owner/Agent Identification

Texas requires landlords to disclose:

• Name and address of the property owner
• Name and address of any person authorized to manage the property
• Name and address of person authorized to receive notices and legal process

This information must be provided in the lease agreement or posted in an obvious location on the property.

Security Device Information

Texas has specific requirements for security devices. Landlords must disclose information about:

• Door locks and deadbolts
• Sliding door security devices
• Window latches
• Peepholes or door viewers
• Tenant’s rights to request additional security devices

Texas requires specific security devices on all rental properties, including deadbolts on exterior doors.

Parking Rules Disclosure

If the landlord has vehicle towing rules, the rules must be disclosed in the lease agreement or provided separately in writing.

Utility Interruption Disclosure

Texas requires landlords to disclose the tenant’s remedies if the landlord interrupts utilities.

Move-Out Notice Requirements Disclosure

Texas requires landlords to include provisions in the lease regarding move-out notice requirements, or the statutory default applies.

Flood Zone Disclosure

Texas requires landlords to disclose if the property is located in a 100-year flood plain or has flooded at least once in the past five years. This disclosure must be made before the lease is signed.

Mold Disclosure

Texas does not mandate specific mold disclosures. However, landlords should consider:

• Disclosing known mold problems as a best practice
• Addressing mold prevention in lease terms
• Responding promptly to tenant mold reports

Bed Bug Disclosure

Texas does not require specific bed bug disclosures. Best practices include:

• Disclosing known infestation history
• Establishing reporting procedures in lease terms
• Clarifying treatment responsibilities

Right to Repair Information

Texas requires landlords to inform tenants of their right to request repairs in writing and the procedures for doing so.

Landlord and Tenant Rights Under Texas Law

Landlord Obligations

Warranty of Habitability Texas imposes implied warranty of habitability requirements on landlords through the Property Code. Required maintenance includes:

• Compliance with all applicable building and housing codes materially affecting health and safety
• Making repairs necessary to keep premises fit and habitable
• Keeping common areas clean and safe
• Maintaining electrical, plumbing, sanitary, heating, and air conditioning systems
• Providing running water and hot water
• Providing adequate heating and cooling
• Maintaining working smoke detectors
• Maintaining required security devices (deadbolts, window locks, etc.)
• Extermination of pest infestations (conditions may vary)
• Maintaining weathertight conditions

Landlords must make repairs within a reasonable time after receiving written notice from tenants. Texas law specifies procedures tenants must follow before exercising repair remedies.

Property Access Rights Texas does not specify statutory notice requirements for landlord entry. However, lease agreements should include reasonable entry provisions specifying:

• Notice period before entry (commonly 24 hours)
• Permissible entry purposes
• Emergency access provisions
• Reasonable hours for entry

Including clear entry provisions protects both parties and establishes expectations.

Tenant Responsibilities

Property Care Standards Tenants must maintain rental units according to Texas law including:

• Keeping the property clean and sanitary
• Using electrical, plumbing, heating, and other systems properly
• Disposing of garbage in a clean and sanitary manner
• Not deliberately or negligently destroying property
• Not disturbing neighbors’ peaceful enjoyment
• Complying with housing and building codes
• Allowing reasonable landlord access
• Maintaining smoke detectors (battery replacement)
• Not tampering with security devices

Lease Termination and Eviction Procedures

Voluntary Termination

Notice Requirements Texas termination notice requirements depend on lease type:

• Fixed-term leases end automatically on specified dates
• Month-to-month tenancies require at least one month written notice (unless lease specifies differently)
• Week-to-week tenancies require notice as specified in lease

Including clear termination procedures in lease agreements prevents misunderstandings about proper notice protocols.

Eviction Processes

Texas provides one of the fastest eviction processes in the nation through Justice Court.

Nonpayment of Rent Texas landlords can begin eviction proceedings when tenants fail to pay rent. The process requires:

• Three-day notice to vacate (unless lease specifies a shorter or longer period, minimum one day)
• Filing forcible detainer suit in Justice Court if tenant fails to vacate
• Court hearing (typically within 10-21 days)
• Judgment and Writ of Possession
• Physical removal by constable

Lease Violations Landlords can pursue eviction for material lease violations:

• Notice to cure or vacate as specified in lease
• Filing forcible detainer if violation continues
• Court proceedings and judgment

Holdover Tenants For tenants remaining after lease expiration:

• Three-day notice to vacate
• Filing forcible detainer action

Landlord’s Lien

Texas allows landlords to place a lien on tenant’s personal property for unpaid rent. The lien must be authorized in the lease and is subject to specific requirements and limitations.

Retaliatory Eviction Protections

Texas prohibits retaliatory evictions. Landlords cannot evict or retaliate against tenants for:

• Good faith complaints about code violations to a governmental entity
• Good faith complaints to the landlord about property conditions
• Exercising rights under the Property Code
• Participating in tenant organizations

Retaliatory actions within six months of protected activity are presumed retaliatory.

Creating an Effective Texas Lease Agreement

Documentation Best Practices

Comprehensive Terms Strong Texas lease agreements include provisions addressing:

• Pet policies and deposits
• Guest and occupancy limits
• Maintenance responsibilities
• Utility payment assignments
• Parking and towing rules
• Noise and conduct standards
• Renewal and termination procedures
• Entry notice procedures
• Security device requirements and tenant requests
• Hurricane and severe weather provisions
• Pool and amenity access
• Flood zone disclosure acknowledgment

Professional Templates Using a Texas lease agreement template ensures contracts include all legally required elements. Given Texas’s security device requirements and flood disclosure obligations, professional templates help landlords maintain compliance.

Tenant Screening Integration

Application Procedures Thorough tenant screening before lease signing helps landlords select reliable tenants. Screening should include:

• Credit history review
• Employment and income verification
• Rental history and references
• Background checks where permitted

Texas does not prohibit source of income discrimination statewide. Documenting screening criteria and applying standards consistently protects landlords from discrimination claims.

Texas-Specific Considerations

Houston Metro Area

The Houston metropolitan area is Texas’s largest:

• Fourth largest U.S. city with massive rental market
• Energy industry employment (oil and gas headquarters)
• Texas Medical Center healthcare employment
• Significant flooding and hurricane risks
• No zoning (unique in major U.S. cities)
• Diverse neighborhoods and suburbs
• Strong population growth

Dallas-Fort Worth Metroplex

The DFW Metroplex presents distinct dynamics:

• Second largest Texas metro area
• Corporate relocations driving growth
• Multiple universities (SMU, TCU, UNT, UT Arlington)
• Diverse suburban rental markets
• Tornado and severe storm risks
• Rapid population and job growth

San Antonio Metro Area

San Antonio offers unique characteristics:

• Military city (multiple installations)
• Tourism (Alamo, River Walk)
• Growing tech sector
• University of Texas at San Antonio
• Hispanic cultural influences
• Alamo Heights and other distinct neighborhoods

Austin Metro Area

Austin has experienced explosive growth:

• State capital and tech hub (“Silicon Hills”)
• University of Texas flagship campus
• Music and entertainment industry
• Extremely competitive rental market
• High rental rates relative to state
• Short-term rental regulations
• Strong tenant demand

Hurricane and Coastal Storm Provisions

Texas Gulf Coast vulnerability creates essential considerations:

• Hurricane preparation provisions
• Evacuation procedures and responsibilities
• Flood zone disclosures (required)
• Storm damage lease provisions
• Rent abatement for uninhabitable conditions
• Insurance requirements (wind, flood, hurricane)
• Property access during emergencies
• Lease termination rights after major damage
• Corpus Christi, Galveston, and coastal areas

Flooding Considerations

Texas experiences significant flooding:

• Required flood zone/flood history disclosure
• Houston area particularly vulnerable
• Flash flood risks statewide
• Flood insurance requirements
• Basement and ground floor considerations
• Harvey and other major flood events

Tornado and Severe Weather

Texas tornado exposure creates considerations:

• Storm shelter information
• Tornado safety provisions
• North Texas “Tornado Alley” exposure
• Insurance requirements
• Property damage provisions

Extreme Heat Provisions

Texas summers create habitability concerns:

• Air conditioning requirements for habitability
• HVAC maintenance obligations
• Emergency cooling failure procedures
• Heat-related health considerations

College Town Rentals

Texas has extensive college student rental markets:

• University of Texas at Austin
• Texas A&M University (College Station)
• Texas Tech University (Lubbock)
• University of Houston
• Baylor University (Waco)
• Texas State University (San Marcos)
• University of North Texas (Denton)
• Rice University (Houston)
• SMU (Dallas)
• TCU (Fort Worth)

Landlords in college areas should consider:

• Academic year lease terms
• Parental guarantor requirements
• Move-in/move-out timing around semesters
• Multiple roommate arrangements
• Summer subletting provisions
• Game day considerations

Military Tenant Considerations

Texas’s massive military presence requires understanding:

• Servicemembers Civil Relief Act (SCRA) protections
• Lease termination rights upon deployment or PCS orders
• Fort Cavazos (formerly Fort Hood) tenant considerations
• Fort Bliss (El Paso)
• Joint Base San Antonio (Lackland, Randolph, Fort Sam Houston)
• Naval Air Station Corpus Christi
• Sheppard Air Force Base (Wichita Falls)
• Dyess Air Force Base (Abilene)
• Texas National Guard activations
• Eviction protections during active duty

Oil and Gas Industry Impact

Texas’s energy industry affects rental markets:

• Permian Basin boom-and-bust cycles (Midland, Odessa)
• Eagle Ford Shale region
• Workforce housing demands
• Furnished rental demand
• Short-term lease flexibility
• Economic fluctuation impacts

Border Region Considerations

South Texas border region has unique dynamics:

• El Paso, Laredo, McAllen, Brownsville markets
• Cross-border economic patterns
• Federal employment (CBP, Border Patrol)
• Unique demographic patterns
• Lower rental rates than major metros

HOA and Master-Planned Communities

Many Texas rentals occur within HOAs:

• Association approval requirements common
• Tenant compliance with CC&Rs required
• Rental restrictions and caps in many communities
• Application processes and fees
• Pool and amenity access
• Landscaping requirements
• Master-planned community regulations

Texas has extensive master-planned communities with specific rental rules.

Manufactured Housing

Texas has significant manufactured housing inventory:

• Specific requirements for mobile home communities
• Lot rental agreement distinctions
• Community rules and enforcement
• Title and registration requirements
• Hurricane tie-down requirements (coastal areas)
• Texas Manufactured Housing Division regulations

Short-Term Rentals

Texas regulates short-term rentals at local levels:

• Austin extensive STR regulations
• Houston vacation rental requirements
• San Antonio short-term rental rules
• Local registration and licensing varies
• Hotel occupancy tax obligations
• HOA restrictions common

Security Device Requirements

Texas has specific security device mandates:

• Deadbolts on exterior doors
• Sliding door pin locks or security bars
• Window latches on all windows
• Peepholes or door viewers
• Keyless bolting devices on main entry doors
• Tenant right to request additional devices
• Landlord obligation to rekey between tenants

Cannabis Considerations

Texas has not legalized cannabis:

• Cannabis remains illegal for recreational use
• Very limited medical CBD program
• Landlords can prohibit all cannabis use
• Standard drug-free housing provisions apply

Landlord’s Lien Provisions

Texas allows landlord’s liens on tenant property:

• Must be authorized in lease
• Specific notice requirements
• Limitations on what can be seized
• Tenant remedies for improper seizure

Sub-metering and Utility Billing

Texas has specific rules for utility billing:

• Submetering regulations
• Ratio utility billing system rules
• Disclosure requirements
• Tenant billing limitations

Security Deposit

TOPIC	RULE
Security Deposit Maximum:	No statute.
Security Deposit Interest:	No statute.
Separate Security Deposit Bank Account:	No statute.
Non-refundable fees:	No statute.
Pet Deposits and Additional Fees:	No statute.
Deadline for Returning Security Deposit:	The landlord must refund a security deposit to the tenant on or before the 30th day following the date the tenant surrenders the premises. Tex. Prop. Code § 92.103
Permitted Uses of the Deposit:	The landlord may deduct damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease from the security deposit. Tex. Prop. Code § 92.104
Security Deposit can be Withheld:	The landlord may deduct damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease from the security deposit. Tex. Prop. Code § 92.104
Require Written Description/Itemized List of Damages and Charges:	The landlord must give the balance of the security deposit, if any, together with a written description and itemized list of all deductions to the tenant. The landlord is not required to give the tenant a description and itemized list of deductions if: (1) the tenant owes rent when he surrenders possession of the premises; and (2) there is no controversy concerning the amount of rent owed. Tex. Prop. Code § 92.104
Receipt of Security Deposit:	No statute.
Record Keeping of Deposit Withholdings:	No statute.
Failure to Comply:	No statute.

Lease, Rent & Fees

TOPIC	RULE
Rent is Due:
Payment Methods:
Rent Increase Notice:	No statute.
Late Fees:	Landlords must allow a two-day grace period before charging late fees. Late fees must also be disclosed in the lease, and cannot be more than 12% of the rent for properties with less than five units, or 10% for properties with more than four units. Tex. Prop. Code § 92.019
Application Fees:	Landlords are permitted to request a nonrefundable sum of money to offset the costs of screening an applicant for acceptance as a tenant. Tex. Prop. Code § 92.351
Prepaid Rent:	No statute.
Returned Check Fees:	See statute. Tex. Prop. Code § 92.1031
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.):	No statute.
Tenant Allowed to Repair and Deduct Rent:	Tenant’s deduction for the cost of repairs or remedies must not exceed $500 or the amount of one month’s rent under the lease, whichever is greater. Tex. Prop. Code § 92.0561
Self-Help Evictions:	Texas law prohibits landlords from resorting to “self-help” evictions.
Landlord Allowed to Recover Court and Attorney’s Fees:	A party who prevails in a suit brought under this subchapter or Subchapter B, E, or F is rightfully able to recover the party’s court costs and reasonable attorney’s fees in relation to work reasonably expended. Tex. Prop. Code § 92.005
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent:	Landlords must make a reasonable effort to find a new tenant if a tenant leaves before the lease ends. Tex. Prop. Code § 91.006

Notices and Entry

TOPIC	RULE
Notice to Terminate Tenancy:	The tenancy terminates on whichever of the following days is the later: (1) the day given in the notice for termination; or (2) one month after the day on which the notice is given. Tex. Prop. Code § 91.001
Notice to Terminate a Periodic Lease – Month-to-Month:	For rent-paying periods being less than one month, tenancy terminates on whichever of the following days is the later: (1) the day given in the notice for termination; or (2) one month after the day on which the notice is given. Tex. Prop. Code § 91.001
Notice to Terminate a Periodic Lease – Week-to-week:	For rent-paying periods being less than one month, tenancy terminates on whichever of the following days is the later: (1) the day given in the notice for termination; or (2) one month after the day on which the notice is given. Tex. Prop. Code § 91.001
Notice to Terminate Lease due to Sale of Property:	No statute.
Notice of date/time of Move-Out Inspection:	No statute.
Notice of Termination for Nonpayment:	A landlord must give a tenant at least three days’ written notice to vacate if the tenant defaults on their rent, unless otherwise specified in the lease. Tex. Prop. Code § 94.206
Notice for Lease Violation:	No statute.
Required Notice before Entry:	No statute, though it is generally recommended for landlords to provide at least 24 hours’ of notice.
Entry Allowed with Notice for Maintenance and Repairs:	Entry is allowed, but no notice is required.
Emergency Entry Allowed without Notice:	No statute.
Entry Allowed During Tenant’s Extended Absence:	No statute.
Entry Allowed with Notice for Showing the Property:	Entry is allowed, but no notice is required.
Notice to Tenants for Pesticide Use:	No statute.
Lockouts Allowed:	A landlord is not permitted to prevent a tenant from entering a leased premises except by judicial process unless the exclusion results from: (1) repairs, construction, or an emergency; (2) removing the contents of premises abandoned by a tenant; or (3) changing the door locks on the door to the tenant’s unit who is delinquent in paying at least part of the rent. Tex. Prop. Code § 92.0081
Utility Shut-offs Allowed:	A landlord or their agent is prohibited from interrupting or causing the interruption of utility services that are paid directly by the tenant to the utility company, except when the interruption is due to legitimate repairs, construction work, or an emergency situation. Tex. Prop. Code § 92.008
Electronic Notices Allowed:	no

Disclosures

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Protecting Your Texas Rental Investment

A well-drafted Texas rental lease agreement forms the foundation of successful property management. Given Texas’s security device requirements, flood disclosure obligations, and extreme weather exposure, comprehensive documentation becomes essential. Clear terms addressing hurricane procedures, security devices, and repair request procedures protect both landlord and tenant interests.

RocketRent provides Texas lease agreement templates designed to meet state requirements and protect landlord investments. Our platform streamlines property management with integrated tools for lease creation, rent collection, and tenant screening. Create your Texas rental lease agreement today and manage your properties with confidence.