Texas Residential Lease Agreement

Last Updated: October 12, 2023 by Roberto Valenzuela

A Texas residential lease agreement (“rental agreement”) is a written contract where one party (the “tenant”) lives in a particular property (“premises”) owned or overseen by another party (the “landlord”), in exchange for regular payments of rent. Texas leases are governed by applicable landlord-tenant laws at both the state and local level.

Texas Lease Agreement Disclosures

Texas requires these disclosures for some or all residential lease agreements.

Disclosure Applicable To
Landlord’s Name/Address All Rentals
Parking Rules Multi-Unit Complexes
Late Fee All Rentals Charging Late Fees
Emergency Phone Number Units With On-Site Maintenance
Right to Repairs All Rentals
Lead-Based Paint Units Built Before 1978

Landlord’s Name and Address

note
Applies to ALL residential leases in Texas.

The lease must provide the name and address of either the property owner or the rental property’s management company. This can be a street address or a PO Box.

This doesn’t have to be written in the lease itself, but the landlord must give the tenant this information in writing at or before tenancy begins (move-in). If the tenant asks for this information, the landlord must provide it within seven days of the request.

Parking Rules Disclosure

note
Applies to Texas multi-unit properties with rules for parking.

Texas landlords of a multi-unit property who seek to enforce parking rules or vehicle towing must provide a copy of the rules in or alongside the rental agreement. The title to the paragraph containing the rules or policies must state “Parking” or “Parking Rules” and be CAPITALIZED, underlined, or printed in bold print.

Download: Texas Parking Space Rental Agreement Disclosure Form (PDF)

Late Fee Disclosure

note
Applicable to all Texas leases which charge late fees.

In Texas, rent is late after 2 full days being unpaid. For a landlord to collect a late fee, it must be outlined in the rental agreement and the fee must be “reasonable.”

Late fees may include an initial fee plus a daily fee for each day any portion of the rent continues unpaid. Combined fees get considered as a single late fee.

The maximum fee is 12% of the overdue balance on properties with four or fewer dwelling units, and 10% if there are five or more units. The landlord can only go over these maximums by proving reasonable damages greater than these amounts.

This is an example late fee clause:

LATE FEE. If rent is not paid by the due date outlined in this lease, a late fee of $__ or __% will be assessed to the balance due after a 2-day grace period. A daily fee of $__ will be charged for payments after the grace period expires, not to exceed State regulations.

Emergency Phone Number Disclosure

note
Applicable to any Texas property with an on-site management office.

Texas requires that property management companies and landlords provide a 24-hour emergency phone number for emergency reporting.  The number must be in the rental agreement, and posted in a conspicuous location outside the management or superintendent’s office.

This is an example emergency phone number clause:

EMERGENCY PHONE NUMBER. In the case of an emergency, Landlord or a property manager can be reached at ___-___-____ to report a problem.

Right to Repairs Disclosure

note
Applicable to ALL residential leases in Texas.

Texas law requires that the lease disclose a tenant’s repair and deduct remedies. The information must be provided in bold or underlined text and be clearly visible in the rental agreement.

In Texas, a tenant can do repairs and deduct from the rent, seven days after giving the landlord proper notice about a health and safety issue.

Download: Texas Right to Repairs Disclosure Form (PDF)

Lead-Based Paint Disclosure

note
Applies to all rental units built before 1978.

Federal law requires disclosing the risks posed by lead-based paints in all residences built before 1978. This law requires Texas landlords to do the following:

For more information about this disclosure requirement, click here.

Download: Texas Lead-Based Paint Disclosure Form (PDF)

Optional Disclosures and Addenda (Recommended)

The following lease agreement disclosures and addenda are not required by Texas law. They are common inclusions in rental agreements to head off potential conflicts with tenants, or reduce liability for landlords.

Optional Disclosure Purpose
Asbestos Informs tenants if there is asbestos at the property. May suggest precautions the tenant can take to minimize the chance of disturbing any asbestos fibers.
Bed Bugs Provides information on how to handle a bed bug infestation. Also notifies the tenant of their obligation to cooperate with bed bug prevention and immediately report any sign of infestation.
Medical Marijuana Use Provides rules and restrictions for tenant use of medical marijuana on the property. Some laws allow landlords to restrict marijuana usage to non-smoking methods only, or to designated smoking areas which do not risk interfering with other premises.
Mold Disclosure Informs the tenant of the property’s current mold status. May help protect the landlord against liability for mold damages.
Move-in Checklist A move-in checklist helps protect both the landlord and tenant from false claims about property damage.
Non-Refundable Fees The lease must specify which charges are non-refundable. The tenant may otherwise be entitled to a full or partial refund when the lease ends.
Shared Utilities Arrangements In rentals which share utilities, discloses the specifics of how they are shared, and the method for calculating each party’s bill. This enables tenants to estimate what they will owe each month.
Smoking Informs tenants of designated smoking areas which don’t interfere with the use of other premises.

Failure To Include Mandatory Disclosures

Failure to include a mandatory disclosure could result in fees, denial of eviction, refusal of the landlord’s other rights under the lease, and similar legal penalties. Disclosures outline important health, safety, and property information, and the law penalizes failure to disclose.

Lead-based paint hazards are particularly important as a disclosure. Landlords who don’t disclose the potential for lead hazards can face tens of thousands of dollars in fines per violation.

These are some popular Texas residential lease agreement templates provided by local real estate and property management organizations.

  • Texas Apartment Association (English PDF, Spanish PDF) – a non-profit trade association that provides a residential lease agreement template for its members. The template is 8 pages long and has 43 sections. Includes provisions specific to Texas property code on security devices, abandoned property and remedies.
  • Texas Realtors Association (English PDF) – a realty organization that provides a residential lease agreement template for members only. The template is 16 pages long and has 34 sections. Includes various provisions from the Texas property code on issues such as security deposits, late fees and door locks.

City-Specific Lease Agreement Templates

Many cities in Texas have specific disclosures required and recommended for a rental agreement. Here are major cities with residential lease agreements that differ from the state template:

Sources