Texas Lease Agreements

Key Takeaways

• Texas Lease Agreements are legal contracts that outline the terms and conditions governing the rental of residential or commercial properties within the state of Texas. 
• In Texas, security deposits are limited to one month’s rent. They must be returned within 30 days. 
• Landlords need to give three days’ notice before eviction. Entry requires 24 hours’ notice. 
• Required disclosures vary but may include lead-based paint and the presence of mold.
• Use our Texas Lease Agreement templates to detail key aspects such as the duration of the lease, monthly rent, security deposit, and responsibilities of both the landlord and tenant.

Texas Lease Agreements by Type

Texas Residential Lease

Residential Lease Agreement Texas

Used 4,872 times

If you’re leasing a property in Texas, then you’ll need a lease agreement Texas template to help get you started, and our free templates contain all the necessary information.

Use Residential Lease Agreement Texas

Texas Room Rental

Choose a Texas Room Rental agreement when formalizing the terms of renting out a room in a residential property located in Texas.

Texas Apartment Lease 

For apartment leases in Texas, our template lets you establish a formal and legally binding arrangement outlining the terms, conditions, and obligations of both the landlord and tenant.

Texas Month-to-Month Lease

Use this template when establishing a month-to-month rental agreement for residential or commercial properties in Texas.

Commercial Lease Agreement

Utilize this template when leasing a commercial property in Texas to establish the terms and conditions of the rental agreement between a landlord and a tenant for business purposes.

Texas Lease to Purchase

Opt for a Texas Lease to Purchase agreement when aiming to create a structured arrangement that combines a lease and an option for the tenant to buy the property in the future in Texas.

Texas Sublease Agreement

Texas Sublease Agreement

Used 4,872 times

Create your success roadmap with a Texas sublease agreement template, designed as a helpful tool that protects the interests of both the sublessor and the sublessee.

Use Texas Sublease Agreement

Utilize this template when subleasing a residential property in Texas to outline the agreement between the original tenant (sublessor) and the new tenant (sublessee).

Rent and Payment Terms in Texas

The state has unique regulations governing landlord-tenant relationships. Landlords must adhere to specific guidelines when drafting lease contracts, ensuring they comply with state laws to protect both parties.

Rent Amount

• No state-mandated limit exists on the maximum amount a landlord can charge for rent.

Late Payment and Late Fees

• Tenants have a two-day grace period after the due date to pay rent without incurring a late fee.
• Late fees must be clearly stated and reasonable in the lease agreement.

Late Fee Limits

• Landlords can charge late fees of up to 12% of the month’s rent for residential properties with four or fewer units.
• For properties with more than five units, landlords can charge tenants up to 10%.

Insufficient Fund Check Fee

• If a tenant provides an insufficient fund check, the landlord may charge a fee.
• The fee should not exceed $30, as regulated by Texas law.

Security Deposit Regulations in Texas

Deposit Amount

• No state law imposes limits on the amount a landlord can charge for a security deposit.
• City ordinances may, however, place restrictions on the deposit amount.

Refund Timeline

• Landlords are required to return the security deposit within 30 days after the tenant leaves the property.
• Before returning the security deposit, landlords can deduct costs for damages the tenant is responsible for as per the lease.
• No deductions are allowed for regular wear and tear.

Notice of Surrender

• To be eligible for a refund, tenants must provide advance notice of surrender.
• This requirement is effective only if stated in the agreement.

Rent and Security Deposit Distinction

• Tenants cannot withhold any part of the last month’s rent by claiming the security deposit will cover unpaid rent.
• Violating this rule may make tenants liable to the landlord for three times the wrongfully withheld rent.

Duration of the Lease in Texas

Lease Duration

• Typically, residential leases in Texas have a maximum duration of one year.
• Written agreements are required for tenancies lasting one year or more.
• While oral contracts are allowed for leases shorter than one year, a written lease is recommended.

Lease Documentation

• Landlords must provide tenants with a copy of the Texas lease agreement within three days of signing.

Termination of Monthly Tenancy:

• Monthly tenancies can be terminated by either party providing notice to the other.
• The tenancy ends on either the specified date in the notice or one month after the notice is given, whichever comes later.

Maintenance and Repairs

• The landlord is responsible for fixing issues if the tenant gives written notice, provided there are no overdue rent payments. 
• The condition must materially affect the tenant’s health or safety. 
• Additionally, the landlord isn’t obliged to repair issues caused by the tenant.

Additional Clauses

While the core elements are similar across different states, some state-specific considerations might exist. Here are some standard and essential clauses that may be included in a lease agreement template for Texas: 

• Right of Entry
• Renewal and Termination
• Dispute Resolution
• Tenant Insurance

Disclosures

The law requires landlords to include specific disclosures in the agreement. The following are the required disclosures:

• Agent/Owner Identification
• Copy of Lease
• Lead-Based Paint Disclosure 
• Parking Rules Addendum
• Special Conditions to Cancel Agreement
• Tenant’s Remedies
• 100-Year Flood Plain

Texas Lease Agreement Laws

Lease agreements in Texas are regulated by the Texas Property Code. Here is an overview of key related Texas laws, covering various aspects of the landlord-tenant relationship and property regulations.