A Texas residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a rental property and a tenant using the property. State and local laws set the rules for rental agreements, such as laws regulating the use of a tenant’s security deposit.
Texas Lease Agreement Disclosures
Texas requires these disclosures for residential lease agreements.
| Disclosure | Applicable To |
|---|---|
| Disclosure of Ownership and Management | 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 |
| Floodplain Dwelling Notice | All Rentals |
| Lead-Based Paint | Units Built Before 1978 |
Disclosure of Ownership and Management
Applies to ALL Texas rental units (although requirements may be satisfied with methods other than lease disclosure).
Texas landlords must, upon request, inform tenants about the ownership and management of any property being rented out. This information is, at minimum:
- The name and street address (or P.O. Box) of the person who owns the property being rented, AND (if applicable)
- The name and street address of the company managing the property (if an off-site entity does primary management on the property)
This information must be made available one of three ways:
- Including the information in the lease or property rules, OR
- Keeping the information posted in a conspicuous place
- In the dwelling, or
- In the office of the on-site manager, or
- On the outside of the entry door to the office of the on-site manager, OR
- Providing the information upon request by the tenant, before the seventh day after the tenant requests it
Parking Rules Disclosure
Applies to Texas multi-unit properties with rules for parking.
Texas leases of multi-unit property with 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
Applicable to all Texas leases which charge late fees.
In Texas, rent is late after 2 full days 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 a 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, 10% if there are five or more units. The landlord can only go over these maximums by proving reasonable damages greater than these amounts. Texas caps returned check fees at $30.
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
Applicable to any Texas property with an on-site management office.
Texas requires that any property with an on-site management office 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
Applicable to ALL Texas residential leases.
Texas law requires that every 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)
Floodplain Dwelling Notice
Applies to ALL Texas rental units.
Texas landlords must disclose flooding risk for any property below the 100-year floodplain. Floodplain areas are set by the National Flood Insurance Program of the Federal Emergency Management Agency (FEMA).
A floodplain dwelling notice must be in a document separate from the lease. The tenant must receive the notice when the lease is signed, or before. This is an example of a flood zone disclosure:
The Landlord ( ) is or ( ) is not aware that the dwelling you are renting is located in a 100-year floodplain. If neither box is checked, you should assume the dwelling is in a 100-year floodplain. Even if the dwelling is not in a 100-year floodplain, the dwelling may still be susceptible to flooding. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area. Most tenant insurance policies do not cover damages or loss incurred in a flood. You should seek insurance coverage that would cover losses caused by a flood.
Lead-Based Paint Disclosure
Applies to all rental units built before 1978.
Texas residential leases for property built before 1978 must, by federal law, contain a lead-based paint disclosure. This requires landlords to do the following:
- Fill out and attach this lead-based paint disclosure form to the lease agreement
- Provide the tenant with an Environmental Protection Agency (EPA) approved pamphlet about the dangers of lead-based paint
- Provide any additional records or reports about the presence or hazards of lead-based paint in the unit (for multi-unit buildings with common areas, this includes information from building-wide evaluations)
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 about any asbestos hazards related to the property. Tenants can reduce asbestos risk by not disturbing asbestos fibers. |
| Bed Bugs | Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately. |
| Medical Marijuana Use | Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas. |
| Mold Disclosure | Informs tenants about actual or suspected mold contamination on the property efforts, plus information about treatments. This helps limit landlord liability. |
| Move-in Checklist | Takes inventory of existing property damage, when the tenant moves into the rental property. This ensures accurate deductions from the security deposit upon move-out. |
| Non-Refundable Fees | Charges not agreed by the tenant in the lease may be refundable when the lease ends. For Texas landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease. |
| Shared Utilities Arrangements | Sets terms for how to divide utility costs up on properties which share a utility meter with other units. This ensures tenants receive fair charges and understand what uses contribute to their bill. |
| Smoking | Informs tenants of designated smoking areas which don’t interfere with the use of other premises. |
Failure To Include Mandatory Disclosures
Mandatory disclosures outline important health, safety, and property information for the benefit of both landlord and tenant. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials. Many lease provisions may be unenforceable without legally required disclosures.
Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.
Popular Texas Lease Agreement Templates
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 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. The template is 16 pages long and has 34 sections. Includes 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
- 1 Tex. Prop. Code § 92.201(a) & (b)
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(a) A landlord shall disclose to a tenant, or to any government official or employee acting in an official capacity, according to this subchapter:
(1) the name and either a street or post office box address of the holder of record title, according to the deed records in the county clerk’s office, of the dwelling rented by the tenant or inquired about by the government official or employee acting in an official capacity; and
(2) if an entity located off-site from the dwelling is primarily responsible for managing the dwelling, the name and street address of the management company.
(b) Disclosure to a tenant under Subsection (a) must be made by:
(1) giving the information in writing to the tenant on or before the seventh day after the day the landlord receives the tenant’s request for the information;
(2) continuously posting the information in a conspicuous place in the dwelling or the office of the on-site manager or on the outside of the entry door to the office of the on-site manager on or before the seventh day after the date the landlord receives the tenant’s request for the information; or
(3) including the information in a copy of the tenant’s lease or in written rules given to the tenant before the tenant requests the information.
Source Link - 2 Tex. Prop. Code § 92.0131(b)
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(b) If at the time a lease agreement is executed a landlord has vehicle towing or parking rules or policies that apply to the tenant, the landlord shall provide to the tenant a copy of the rules or policies before the lease agreement is executed. The copy of the rules or policies must be:
(1) signed by the tenant;
(2) included in a lease agreement signed by the tenant; or
(3) included in an attachment to the lease agreement that is signed by the tenant, but only if the attachment is expressly referred to in the lease agreement.
(c) If the rules or policies are contained in the lease agreement or an attachment to the lease agreement, the title to the paragraph containing the rules or policies must read “Parking” or “Parking Rules” and be capitalized, underlined, or printed in bold print.
Source Link - 3 Tex. Prop. Code § 92.019(a) & (b)
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(a) A landlord may not collect from a tenant a late fee for failing to pay any portion of the tenant’s rent unless:
(1) notice of the fee is included in a written lease;
(2) the fee is reasonable; and
(3) any portion of the tenant’s rent has remained unpaid two full days after the date the rent was originally due.
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(b) A late fee under this section may include an initial fee and a daily fee for each day any portion of the tenant’s rent continues to remain unpaid, and the combined fees are considered a single late fee for purposes of this section. - 4 Tex. Prop. Code § 92.019(a-1)
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For purposes of this section, a late fee is considered reasonable if:
(1) the late fee is not more than:
(A) 12 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains not more than four dwelling units; or
(B) 10 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains more than four dwelling units; or
(2) the late fee is more than the applicable amount under Subdivision (1), but not more than uncertain damages to the landlord related to the late payment of rent, including direct or indirect expenses, direct or indirect costs, or overhead associated with the collection of late payment.
Source Link - 5 Tex. Prop. Code § 92.020
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(a) A landlord that has an on-site management or superintendent’s office for a residential rental property must provide to a tenant a telephone number that will be answered 24 hours a day for the purpose of reporting emergencies related to a condition of the leased premises that materially affects the physical health or safety of an ordinary tenant.
(b) The landlord must post the phone number required by Subsection (a) prominently outside the management or superintendent’s office.
(c) This section does not apply to or affect a local ordinance governing a landlord’s obligation to provide a 24-hour emergency contact number to a tenant that is adopted before January 1, 2008, if the ordinance conforms with or is amended to conform with this section.
(d) A landlord to whom Subsection (a) does not apply must provide to a tenant a telephone number for the purpose of reporting emergencies described by that subsection.
Source Link - 6 Tex. Prop. Code § 92.056(g)
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A lease must contain language in underlined or bold print that informs the tenant of the remedies available under this section and Section 92.0561.
Source Link - 7 24 Code Fed. Regs. § 30.65 (2023)
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“The Director of the Office of Lead Hazard Control and Healthy Homes, or his or her designee, may initiate a civil money penalty action against any person who knowingly violates 42 U.S.C. 4852d… The maximum penalty is $21,018 for each violation.”
Source Link - 8 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.
Source Link - 9 Tex. Prop. Code § 92.0135(b) - (e)
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(b) A landlord shall provide to a tenant a written notice substantially equivalent to the following:”(Landlord) ( ) is or ( ) is not aware that the dwelling you are renting is located in a 100-year floodplain. If neither box is checked, you should assume the dwelling is in a 100-year floodplain. Even if the dwelling is not in a 100-year floodplain, the dwelling may still be susceptible to flooding. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area. Most tenant insurance policies do not cover damages or loss incurred in a flood. You should seek insurance coverage that would cover losses caused by a flood.”
(c) Notwithstanding Subsection (b), a landlord is not required to disclose on the notice that the landlord is aware that a dwelling is located in a 100-year floodplain if the elevation of the dwelling is raised above the 100-year floodplain flood levels in accordance with federal regulations.
(d) If a landlord knows that flooding has damaged any portion of a dwelling at least once during the five-year period immediately preceding the effective date of the lease, the landlord shall provide a written notice to a tenant that is substantially equivalent to the following:”(Landlord) ( ) is or ( ) is not aware that the dwelling you are renting has flooded at least once within the last five years.”
(e) The notices required by Subsections (b) and (d) must be included in a separate written document given to the tenant at or before execution of the lease.
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