A Texas rental agreement is a legal contract between a landlord overseeing a rental property and a tenant using the property. Delaware landlord-tenant law governs and regulates these agreements.
Texas Rental Agreement Types
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Common Rental Agreements in Texas
- Texas Association of Realtors Residential Lease – The Texas Association of Realtors provides this residential lease, for use by members. The form cites Texas state law citations and details automatic lease renewals, repair procedures, and tenant obligations.
- Texas Apartment Association Lease Agreement – The Texas Apartment Association provides this template, for use by members. It is in common use by apartment complexes throughout Texas and includes many specifics, such as conduct rules for community pools.
- Texas Real Estate Commission Seller’s Temporary Residential Lease – This template is for licensees of the Texas Real Estate Commission (TREC), for a property seller to occupy the property after a sale closing, for no more than 90 days. Unlike most rental agreements, this contract calculates rent payments day by day, rather than monthly.
Texas Required Lease Disclosures
- Landlord’s Name and Address (required for all leases) – Texas landlords must provide tenants with contact information for the person(s) in charge of the rental property. This ensures smooth communication and payment of rent in the event of any unusual situations. Typically includes additional contact information for the landlord and authorized agents, such as phone numbers and email addresses.
- Parking Rules Disclosure (required for some leases) – Texas landlords who want to set parking rules must provide a copy of the rules along with the lease agreement, for the tenant to sign. The attachment must say “Parking” or “Parking Rules” in capitalized, underlined, or bolded font.
- Late Fee Disclosure (required for some leases) – Late fees aren’t enforceable in Texas unless agreed in the lease. They may not be charged until two days after the rent is due. Fees are limited to 12% of the past due amount (for properties with 4 or fewer units) or 10% (if there are 5 or more units).
- Emergency Phone Number Disclosure (required for some leases) – Texas properties with an on-site management office must provide an emergency phone number in the lease which is available 24 hours per day for emergencies.
- Right to Repairs Disclosure (required for all leases) – Texas leases must include a bold, underlined reminder that tenants have a right to request repairs and remedies for habitability purposes.
- Floodplain Dwelling Notice Disclosure (required for some leases) – Texas leases located in a FEMA-designated floodplain area must disclose the flooding risk to potential tenants.
- Lead-Based Paint Disclosure (required for some leases) – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
To learn more about required disclosures in Texas, click here.
Texas Landlord Tenant Laws
- Warranty of Habitability – Texas landlords can only rent out habitable property. This means providing certain basic health and safety features like hot water and smoke detectors. Landlords must repair any health and safety issues not caused by tenant misuse within seven days of proper notice. Failure to make timely repairs might let a tenant break the lease, repair and deduct, or sue the landlord.
- Evictions – Texas landlords may evict for a number of reasons including, but not limited to failure to pay rent, lease violations, or illegal acts. The amount of required advance notice depends on the type of eviction. Most evictions in Texas take four to ten weeks.
- Security Deposits – Texas does not limit the amount of a security deposit. When the lease ends, the landlord must return any unused portion of a tenant’s deposit within 30 days.
- Lease Termination – Texas lets tenants end a month-to-month lease with at least 30 days of advance notice. Terminating a fixed-term lease early usually requires active military duty, uninhabitable property, landlord harassment, domestic violence, sexual assault, or stalking.
- Rent Increases and Fees – Texas does not limit the timing or amount of a rent increase or service fee, as long as they are “reasonable.” Returned check fees have a $30 limit.
- Landlord Entry – Texas landlords may enter rental property for reasonable business purposes, like maintenance and inspections. Before entering, they must provide reasonable advance notice (by custom usually 24 hours or more). Texas law lets the lease set notice requirements and emergency entry policies in most cases.
- Settling Legal Disputes – Texas lets small claims courts hear landlord-tenant disputes, as long as the value in controversy is under $10,000. Unlike some states, small claims in Texas allow attorney representation.
To learn more about landlord tenant laws in Texas, click here.
City-Specific Lease Agreement Templates
Many cities in Texas have specific required and recommended disclosures. Here are major cities with residential lease agreements that differ from the state template:
Sources
- 1 Tex. Bus. & Com. Code § 3.506(b)
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On return of a payment device to the holder following dishonor of the payment device by a payor, the holder, the holder’s assignee, agent, or representative, or any other person retained by the holder to seek collection of the face value of the dishonored payment device may charge the drawer or indorser a maximum processing fee of $30.
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