A residential lease agreement in El Paso is a binding document between a landlord and a tenant. This agreement outlines the terms and conditions surrounding the use of a rental property in exchange for payment.
Residential Lease Agreement Requirements in El Paso
El Paso currently has no city-specific residential lease agreement requirements or disclosures. As such, landlords and tenants in El Paso follow Texas requirements for lease agreements.
Landlord-Tenant Rights and Regulations in El Paso
El Paso abides by State and Federal law when it comes to landlord-tenant rights and fair housing practices.
Optional Lease Agreement Disclosures and Addendums in El Paso
While not mandatory, landlords can add specific disclosures and addendums to their leases. This helps outline the responsibilities of the tenant and can prevent future liability issues.
Asbestos Disclosure
Since Texas is listed among the top states for asbestos exposure, landlords should include a disclosure stating if asbestos is present on the property. If asbestos is present, tenants should take precautions to minimize the chance of disturbing the asbestos fibers.
Medical Marijuana Use Disclosure
Medical marijuana use is legal in El Paso—which is why it’s important to disclose if it will be permitted on the property. Texas law allows landlords to restrict marijuana usage to non-smoking methods only. Clarify if there are designated smoking areas on the premises.
Fire Safety Disclosure
Due to Texas’ high wildfire risk along with El Paso’s dry climate, landlords may want to include a fire safety disclosure in the lease agreement. This should provide information relating to smoke detectors, fire sprinklers, fire safety systems, alarms, and evacuation plans.
Summary of Required Lease Disclosures for the State of Texas
- Landlord’s Name and Address – The landlord must include their name and mailing address on the lease. This informs tenants of where to send any future legal notices or demands.
- Parking Rules – Texas landlords who enforce parking rules must provide a copy of the rules in the rental agreement.
- Late Fee – In Texas, rent is considered late after 2 days. Landlords must outline late fees in the rental agreement in order for them to be enforceable. Late fees may include an initial fee and a daily fee for each day the tenant’s rent is unpaid.
- Emergency Phone Number – Texas requires landlords to provide a 24-hour emergency phone number that can be used to report emergencies within the building. Management should include this information in the lease and post it outside of their office.
- Right to Repair and Deduct – Texas landlords must provide documents that express, in clear language, the tenant’s right to repair and deduct.
- Lead-Based Paint – Federal law states that any home built before 1978 must disclose the risks associated with lead-based paint.
- Flooding – As of January 2022, the State of Texas requires landlords to disclose flood risk information for a rental property.
