Create a Texas residential lease agreement that meets all the requirements necessary in the Lone Star State. Start today with the help of step-by-step instructions and our contract generator.
Last Update August 2nd, 2021
What is a Lease Agreement
A Texas lease agreement is a specially written legal contract that is created between a landlord and a tenant. It sets out the main terms of renting a real estate property such as the agreement’s duration, the price of each rental installment, and break clauses like eviction processes.
However, a standard Texas residential lease agreement should not be confused with a rental agreement. Rental agreements are flexible recurring contracts that can be renewed, amended, or canceled at the end of each rental term. In Texas, this can be managed on a month-by-month basis.
Texas Landlord and Tenant Laws
A rental lease agreement for a property in Texas must be written and signed within the confines of the state’s laws. If the contract diverges from the rules and regulations within the jurisdiction of Texas it could be declared invalid and block either party from recourse if a violation is committed.
To ensure that the contract is legally enforceable in Texas, landlords must be clear on the main statutes and laws governing these agreements. These include the following points:
Security deposits: There is no maximum limit for the amount that a landlord can charge for a security deposit in Texas. However, they must return the deposit amount at least 30 days after the contract has ended with or without deductions. This extends to 60 days if the property is rented under a commercial lease.
Landlord’s right to enter: There are no laws or statutes in Texas for the minimum notice a landlord must provide before entering the property before an inspection or to perform repairs. However, property owners and managers are recommended to give 24 hours notice before entering the premises.
Landlord Disclosures for TX Lease Agreement
TX lease agreements must contain a few disclosures and addendums when they are completed and signed. These are used to properly inform the resident how to stay safe on the property and to warn of any potential dangers or details about how the property is managed.
The following mandatory disclosures must be made on Texas residential lease agreements:
Lead paint disclosure: If the rental unit is in a building constructed before 1978, the landlord or their agent must disclose whether lead paint can be found on the property and must provide safety information for any located on the premises.
Parking rules addendum: The lease must contain a disclosure statement on the parking rules for the property, such as where the resident may park and any policies regarding towing or parking enforcement.
Conditions to cancel agreements: All rental agreements and lease agreements must contain a specific statement that informs tenants of their statutory rights to cancel the lease if they are a victim of family violence or are deployed for military service.
Agent/owner identification: The lease agreement must include a section or an addendum that discloses the contact information of the landlord or a chosen agent who will act on their behalf.
How to Get a Lease Agreement Form in Texas
It is possible to create your own personalized Texas lease agreement fully online. This allows you to quickly and easily customize your document for the type of real estate you wish to rent out, the number of tenants you will have, and the laws of the state.
Texas Lease Agreement FAQs
There’s a lot of information contained within Texas lease agreements and many rules on how they must be written. If you’re unsure of any of the finer details of these rental contracts, check our FAQs below for more information.
Can a Lease Be Negotiated in Texas?
Yes, a Texas residential lease agreement can be negotiated before it is signed. The landlord and tenant will usually discuss the terms before the agreement is put into action. However, once a lease agreement is signed it cannot be altered until it comes to its natural end or is canceled.
What Are the Advantages of a Written Lease?
It’s important to have a written Texas lease agreement in operation whether you are a landlord or a tenant. There are many advantages to having a formal contract for a rental property such as the right to recourse if the terms are violated and the protection of important legal rights for rental property owners and residents.
When Can a Landlord Change The Lease?
Usually, a Texas lease agreement cannot be changed once it is signed. Its terms will remain fixed until it reaches its agreed expiration date or it is terminated due to a violation by either party.
With a rental agreement or month-by-month tenancy, however, the terms of the agreement can potentially be changed each rental period. This means the landlord can amend or end the terms of the contract every 30 days if they wish.