A Texas rental lease agreement does more than outline rules and specifics of the rental agreement; it’s the very backbone of a smooth relationship between landlord and tenant. Whether you’re leasing a condo in College Station or a Hill Country ranch house, the right lease will keep expectations clear, keep your rental legal, and help protect your investment.
Disclosures (7)
Texas has a list of required disclosures that a landlord must share with the tenant before signing a lease:
- Lead-based paint: If a home was constructed before 1978, you must disclose any known lead-based paint on the property, as well as the hazards of lead-based paint.
- Copy of lease: A signed copy of the lease must be delivered to at least one individual on the lease within 3 business days of signing, as well as additional copies to anyone else who requested one (92.024).
- Owner and management details: Landlords must provide the property owner’s name and contact information and, if applicable, the information of any property management company (92.201).
- Early termination clauses: Texas law requires that leases outline specific instances in which the tenant may be able to break their lease early without penalty, such as active duty military service, family violence, landlord harassment, and more (92.016.f).
- Parking agreements: If it is a multi-unit property, landlords must provide a copy of parking and vehicle towing rules before signing the lease (92.0131).
- Tenant remedies: Leases must call out (in bold or underlined text) details outlining remedies available if a landlord fails their obligations, such as a tenant’s right to repair and deduct (92.056.g).
- Floodplain risk and history: Landlords must notify tenants whether or not the property is located in a 100-year floodplain, as defined by FEMA. You must also disclose whether or not the property has flooded within the past 5 years (92.0135).
Optional Disclosures and Addenda
While not legally required in a Texas lease agreement, the following disclosures are recommended:
Asbestos: Informs tenants of any asbestos-related hazards that may be present in the property
Bed bugs: Discloses whether the property or an adjacent property has a history of suspected bed bug infestations.
Medical marijuana use: Outlines the rules regarding medical marijuana use on the property.
Mold disclosure: Informs tenants of any mold on the property and includes information about remediation.
Move-in checklist: Takes inventory of the current state of the property to compare to conditions at move-out.
Non-refundable fees: If any fees are non-refundable, the landlords should clearly outline them in the lease. If not disclosed, the fees could be illegal.
Shared utilities arrangements: If there are any shared utility meters, this outlines how the utilities will be split and charged.
Smoking: Informs tenants of the rules of smoking on the property and designated smoking areas that won’t interfere with other residents.
Consequences of Not Including Mandatory Disclosures
Failure to include mandatory disclosures can result in legal consequences or financial penalties, whether from state officials or tenant lawsuits. The failure to comply with the federal lead-based paint disclosure is especially costly.
Security Deposit Regulations in Texas
Each state has its own rules regarding security deposits. Here’s what you need to know in Texas:
Maximum amount: Texas laws do not set a maximum amount that landlords can charge as a security deposit.
Deposit receipt: Landlords are not required to provide a security deposit receipt in Texas.
Interest payments: Texas laws allow landlords flexibility in storing the security deposit. They may choose whether or not to keep the payment in an interest-bearing account. Landlords aren’t required by law to pay earned interest to the tenant.
Security deposit return: Landlords must return the tenant’s security deposit within 30 days of the end of the lease (92.103). This window starts once the tenant sends a written notice of their forwarding address (92.107).
Deductions: When returning a security deposit, landlords must include any deductions in an itemized list. However, if the tenant still owes money at the time of lease termination and there is no dispute to the amount owed, this requirement is waived (92.104).
Rent Payment Regulations
There are also regulations regarding the payment of rent in Texas:
Rent control/stabilization: There are no state regulations that establish rent control or stabilization. However, local municipalities may temporarily enact rent control, with the governor’s approval, if a natural disaster causes a housing emergency (214.902).
Late rent fees: Late fees may be charged after 2 days and must be reasonable and outlined in the Texas lease agreement. In Texas, this is defined as no more than 12% of the monthly rent for properties with fewer than four units, or no more than 10% of the monthly rent for properties with five or more units (92.019).
Grace period: Tenants have a 2-day grace period when paying rent (92.019.a).
Tenant’s right to withhold rent: Texas landlords are required to make a diligent effort to repair any conditions in the rental that may pose a threat to tenants’ health or safety. If the landlord fails to make repairs after being given notice, tenants may withhold up to 1 month’s rent or $500, whichever is greater (92.0561).
Rental Agreement Violations
If your tenant violates any portion of their lease, you have options to help protect yourself and your assets. Here’s what you need to know:
Lease violation: Landlords may issue a 3-day eviction notice with the option to cure the violation if the lease allows (24.005). If the tenant fails to leave after this time and fails to fix the violation, the landlord may move forward with legal eviction (24.004).
Missed rent payment: After the 2-day grace period, landlords may charge a late fee of 10-12% of the monthly rent, depending on how many units are in the property (92.019). Landlords may also choose to issue a 3-day notice to quit, if they choose (24.005).
Lease abandonment: If a tenant vacates their lease early, the landlord is required to make an effort in good faith to find a new tenant as soon as possible. Until this happens, however, the original tenant is responsible for any owed rent, late fees, or damages incurred (91.006).
Self-help evictions: Unlike many other states, Texas allows landlords to change the locks when a tenant is behind on rent. However, there are strict regulations on when landlords can do so, and the tenants must always have access to the new keys. This type of self-help eviction is only temporary and does not replace the whole legal eviction process (92.0081).
Terminating a Lease
Not surprisingly, there are rules and regulations when it comes to terminating a lease, as well.
Standard lease: For a standard fixed-term lease, tenants may be entitled to legally leave a lease early based on several conditions, including active duty military service or deployment (92.017), family violence (92.016), security device violations (92.165), maintenance violations (92.056.e1), unlawful lockouts (92.0081.h1), disclosure violations (92.205.a5), or smoke alarm violations (92.260.6).
Month-to-month: In Texas, either a landlord or tenant may end a month-to-month lease voluntarily with 30 days’ written notice (91.001.a-b).
Property abandonment: Once they have obtained a writ of possession, Texas landlords may remove a tenant’s possessions and store them nearby. In the case of inclement weather, they may be able to receive a container at no cost to store the items (24.0061.d).
Renewing a Lease
Renewing a lease is a great way to keep a quality tenant and avoid having to find a new one. A Texas lease agreement should clearly outline renewal expectations to keep the relationship running smoothly.
Notice requirements: If they do not want to renew a lease, landlords must give one month’s notice before termination, unless otherwise outlined in the Texas lease agreement.
Required renewals: Texas landlords are not required to renew leases, but must give adequate notice before termination.
Landlord’s Access to Property
Immediate access: Landlords in Texas are permitted immediate access to their properties, but common practice is only to do so in the case of an emergency.
Notice requirements: In Texas, landlords do not have to give any notice before entering the rental property. However, it is considered common courtesy in the industry to give tenants at least 24 hours of advance notice. Landlords should outline entry protocols in the lease.
Harassment: In Texas, landlords entering the property repeatedly and/or without notice does not constitute harassment, and does not allow the tenant to break the lease early. However, there are some exceptions, such as if the landlord makes repeated and unwarranted entry as a form of retaliation (92.331).
