San Antonio Residential Lease Agreement

A residential lease agreement in San Antonio is a written document outlining the terms and conditions of a lease. This agreement includes the responsibilities of both a landlord and a tenant when it comes to renting property.

Residential Lease Agreement Requirements in San Antonio

San Antonio has no city-specific residential lease agreement requirements or disclosures. As such, landlords and tenants in San Antonio follow Texas requirements for lease agreements.

Landlord-Tenant Rights and Regulations in San Antonio

When it comes to landlord-tenant rights, landlords should be aware of the following:

Age Discrimination

According to San Antonio’s Fair Housing Act, it is illegal for a person to refuse to sell or rent a property due to a person’s age. [1]

Notice of Tenant Rights

In San Antonio, if a landlord delivers a Notice to Vacate, they are required to provide a tenant with a Notice of Tenant Rights within one day of delivering the Notice to Vacate. [2]

Optional Lease Agreement Disclosures and Addendums in San Antonio

Landlords can add optional disclosures and addendums to their leases. While not mandatory, this helps outline the responsibilities of the tenant and can prevent future liability issues.

Military Lease Termination Provision Disclosure

San Antonio is home to one of the largest Air Force bases in the United States (Lackland Air Force Base). Due to this, landlords may want to include a military clause in their lease. This disclosure isn’t required in a lease agreement—as the SCRA is a federal law. However, some landlords like to include it because it can help set expectations and processes should the need to break the lease early due to military duty arise.

Medical Marijuana Use Disclosure

Medical marijuana use is legal in San Antonio–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.

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.

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.