Texas Residential Lease Agreement

Create a professional, Texas-compliant residential lease agreement with our free template. Includes all required Texas disclosures and adheres to state landlord-tenant laws.

A Texas residential lease agreement is a legally binding contract between a landlord and tenant that includes state-specific provisions required by Texas law, covering security deposits, tenant rights, maintenance responsibilities, and termination conditions for residential property rentals.

Texas rental laws tend to favor landlords more than many other states, but there are still important regulations to follow when creating a lease agreement. Our Texas-specific lease agreement template ensures your rental contract complies with all state requirements, including security deposit handling, required disclosures, and specific notice periods. Whether you're renting out a home in Houston, an apartment in Dallas, or a condo in Austin, our customizable template helps you create a legally sound lease agreement that protects both landlord and tenant rights under Texas law.

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Texas Landlord-Tenant Law Highlights

Provision	Texas Law Requirement
Security Deposit Limits	No statutory limit on security deposit amount
Security Deposit Return	Must be returned within 30 days after tenant moves out
Notice for Landlord Entry	No statutory requirement for notice before entry (lease should specify)
Rent Increase Notice	No statutory requirement for rent increase notice (lease should specify)
Rent Control	Rent control is prohibited in Texas; landlords may charge any amount
Required Disclosures	Lead-based paint, flood zone notification, landlord contact information
Termination Notice (Month-to-Month)	At least 30 days' notice required from either party
Late Fees	Must be reasonable and specified in the lease; grace period requirements apply
Repair Requirements	Landlords must make repairs that materially affect health and safety
Retaliation Protection	Landlords prohibited from retaliating against tenants who exercise legal rights

Required Texas Lease Disclosures

Texas law requires certain disclosures to be included in or attached to residential lease agreements:

Lead-Based Paint Disclosure

Required for all housing built before 1978. Landlords must disclose known lead-based paint hazards and provide tenants with EPA-approved information about lead poisoning prevention.

Landlord's Name and Address

Texas Property Code requires that the lease must contain the name and address of the landlord or a person authorized to act on the landlord's behalf for notices and service of process.

Flood Zone Notification

If the dwelling is located in a 100-year floodplain, landlords must disclose this fact to tenants in the lease agreement. This helps tenants understand potential flooding risks.

Late Fee Policy

Texas Property Code has specific requirements for late fees. The lease must state the amount of the late fee, the date on which rent is due, and any grace period before late fees can be charged.

Security Device Disclosure

Landlords must disclose information about door locks, window latches, and other security devices in the rental unit, including tenant rights to request repairs or replacements.

Smoke Detector Information

The lease should include information about the presence and location of smoke detectors in the unit and penalties for removing or disabling them.

Utility Billing Methods

If utilities are not individually metered and the landlord bills the tenant separately for utilities, the lease must disclose the allocation method used to calculate charges.

Owner's Association Rules

If the property is subject to homeowner's association or condominium owner's association rules, the tenant must be given a copy of these rules or information on how to access them.

Security Deposit Rules in Texas

Texas has specific regulations governing security deposits:

Security Deposit Basics

No maximum limit: Texas does not cap security deposit amounts
Not required to be held in separate account: No requirement for separate/interest-bearing accounts
Written itemization: Must provide written description of deductions
Forfeiture for lease breaking: May be permissible if specified in lease
Normal wear and tear: Cannot deduct for ordinary wear and tear
Last month's rent: Separate from security deposit

Security Deposit Return Rules

30-day return deadline: Must return deposit within 30 days of move-out
Forwarding address requirement: Tenant must provide forwarding address
Itemized deductions: Must provide written description of all deductions
Bad faith penalties: Landlord may be liable for three times the deposit plus $100 and attorney's fees
Automatic forfeiture: Cannot include lease clauses causing automatic forfeiture
Unit condition documentation: Move-in/move-out checklists are recommended

Important: If a landlord fails to return the security deposit or provide an itemization within 30 days, they may be liable for three times the wrongfully withheld amount plus $100 and reasonable attorney's fees.

Repair and Habitability Requirements in Texas

Texas has established specific requirements for landlords to make repairs and maintain habitable rental properties:

Landlord Repair Obligations

Duty to repair: Landlords must repair conditions that:
- Materially affect physical health or safety of ordinary tenant
- Are not caused by tenant, tenant's family, or guests
- Are not tenant maintenance responsibilities in the lease
Notice requirements: Tenant must notify landlord in writing
Repair timeframe: Landlord has reasonable time (typically 7 days) to make repairs
Exceptions: Landlord may not have to make repairs if tenant is behind on rent

Tenant Remedies for Repair Issues

Terminate the lease: After following proper notification procedures
Repair and deduct: Limited circumstances and strict requirements
File suit: Recover damages, civil penalties, court costs, and attorney's fees
Requirements before action:
- Written notice to landlord
- Allow reasonable time for repair
- Be current on rent
- Follow exact legal procedures

Note: Unlike some states, Texas does not allow tenants to withhold rent for repair issues. Tenants must follow specific statutory procedures and may have limited remedies if landlords fail to make necessary repairs.

Texas Late Fee Regulations

Texas has specific laws governing late fees on residential leases:

Late Fee Requirements

For a late fee to be valid under Texas law, it must:

Be reasonable
Be written in the lease agreement
Bear a reasonable relationship to actual costs incurred by the landlord
Not be assessed until the full day after rent is due
Not be charged if rent is paid within two full days after the due date (mandatory grace period)

Reasonable Late Fee Guidelines

Late fees in Texas are presumed reasonable if they do not exceed:

12% of the rent amount for properties with four or fewer units
10% of the rent amount for properties with five or more units
Landlords can charge higher fees if they can prove their actual damages from late payment exceed these percentages

Some municipalities may have additional limits on late fees.

Eviction Procedures in Texas

Texas Eviction Process

Landlords must follow these steps to legally evict a tenant in Texas:

Notice to Vacate: Provide written notice to vacate
- For nonpayment of rent: Typically 3 days (unless lease specifies different period)
- For lease violations: Time period specified in lease
- For month-to-month tenancies without cause: 30 days' notice
Filing Eviction Suit: If tenant doesn't vacate, file an eviction petition (suit for forcible entry and detainer) with the Justice of the Peace court
Court Hearing: Court sets hearing date (typically 10-21 days after filing)
Judgment: If landlord prevails, court issues judgment for possession
Appeal Period: Tenant has 5 days to appeal
Writ of Possession: If no appeal, landlord can request writ of possession after 5 days
Removal: Constable posts 24-hour notice, then returns to oversee tenant removal if necessary

The entire process typically takes 3-6 weeks if uncontested.

Important: Self-help evictions are illegal in Texas. Landlords cannot change locks, remove doors, cut off utilities, or remove tenant belongings without a court order. Doing so can result in liability for one month's rent plus $1,000, actual damages, attorney's fees, and court costs.

Frequently Asked Questions - Texas Leases

Yes, Texas allows automatic renewal clauses in residential leases, but they must be conspicuous to be enforceable. Texas Property Code Section 91.001(e) states that a provision for automatic renewal in a lease must appear in the lease in boldfaced type or underlined. If the provision is not conspicuous, it is voidable by the tenant. Many landlords prefer to use a lease renewal form instead of automatic renewal to ensure clear communication and agreement between both parties. If your lease does contain an automatic renewal provision, be sure to make it highly visible and clearly explain the notice requirements to avoid renewal.

Unlike many states, Texas law does not specify a required notice period for landlord entry. However, tenants have a right to "quiet enjoyment" of their rental property, which means landlords cannot enter unreasonably or harass tenants. Without specific statutory guidance, the lease agreement becomes extremely important in defining entry rights. Most professionally drafted Texas leases include a provision requiring 24-hour notice before entry except in emergencies. If your lease doesn't address entry rights, it's highly recommended to add a fair notice provision (typically 24-48 hours) to avoid disputes. In emergency situations (water leaks, fire, etc.), landlords can generally enter without notice.

Yes, landlords in Texas can charge fees for early lease termination if specifically outlined in the lease agreement. When a tenant breaks a lease early, Texas landlords have a duty to "mitigate damages" by making reasonable efforts to re-rent the property. However, tenants can still be held responsible for:

Rent until the property is re-rented or the lease term ends (whichever comes first)
A predetermined early termination fee if specified in the lease
Reasonable re-rental costs (advertising, screening new tenants, etc.)

The lease may include an early termination clause specifying a set fee (typically 1-2 months' rent) that allows tenants to end the lease early with proper notice. Military personnel have special protections under federal law (SCRA) allowing lease termination with 30 days' notice after receiving military orders.

Texas has specific requirements for security devices in rental properties under Texas Property Code Chapter 92, Subchapter D. Landlords must install and maintain:

Door locks: A keyed deadbolt on each exterior door
Keyless bolting devices: On exterior doors (except for units intended for elderly or disabled where it could pose a hazard)
Door viewers: Peepholes or door viewers on exterior doors
Window latches: On all windows
Sliding door security: Pin lock or security bar for sliding glass doors

Tenants can request rekeying of locks at their expense between the 30th day before and 30th day after the anniversary of the lease commencement date. Landlords must also rekey between tenancies. If a landlord fails to install or repair required security devices after proper notice, tenants have various remedies including the right to install devices themselves and deduct the cost from rent, or potentially terminate the lease in certain circumstances.

Yes, Texas provides special protections for victims of domestic violence, sexual assault, and stalking under Texas Property Code § 92.016:

Early lease termination: Victims can terminate their lease early without penalty by providing:
- 30 days' written notice, AND
- Documentation (protective order, temporary injunction, police report, etc.)
Liability limitation: Victims are not liable for rent after the effective date of termination or other penalties for early termination
Security deposit: Normal rules apply to return of security deposit
Lock changes: Tenants who are victims can request lock changes at their expense, which landlords must complete within 3 days

It's important to note that these protections apply only to violence committed by a co-tenant, occupant of the same dwelling, or someone who has a dating relationship with the tenant. Landlords cannot refuse to rent to someone solely because they've been a victim of domestic violence, sexual assault, or stalking.