Texas Residential Lease Agreement Template

A fixed-term lease for a house, apartment or condo. It sets the rent, deposit, rules and responsibilities for both sides, with slots for the rules of the state where the home is located. This edition fills in the Texas rules we could confirm and marks the rest as blanks to check.

Texas rules for this form

Deposit limit. State law does not limit how much a landlord can charge as a security deposit. (Texas Property Code chapter 92, subchapter C)

Deadline to return the deposit. Once the tenant gives up possession, the landlord has 30 days to send back the deposit along with a written account of anything kept. (Property Code section 92.103)

Notice before entry. No statute sets a notice period for landlord entry, so the lease governs access. (Texas Property Code (no entry notice statute))

Late fees. A late fee must be in a written lease, must be reasonable, and is presumed reasonable up to 12 percent of monthly rent for buildings with four or fewer units and 10 percent for larger buildings. (Property Code section 92.019)

Grace period. A late fee may be charged only if rent remains unpaid two full days after the due date. (Property Code section 92.019)

Required disclosures. Homes built before 1978 need the federal lead-based paint disclosure and the EPA pamphlet. (Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. 4852d))

Required disclosures. Leases must include the written flood disclosure notice about the 100-year floodplain and past flooding. (Property Code section 92.0135)

Required disclosures. On request, the landlord must disclose the name and address of the owner and of any management company. (Property Code section 92.201)

Notice before a rent increase. No statute sets a notice period for rent increases; during a fixed term the lease controls, and a month-to-month tenant generally needs the same one month notice used to end the tenancy. (Texas Property Code (no rent increase statute))

Month-to-month notice. Either side ends a month-to-month tenancy with at least one month of written notice, unless the lease sets a different period. (Property Code section 91.001)

Cities and counties in Texas can add their own rules on top of these. Check local ordinances before you sign.

What is in the template

1. Parties
2. Property
3. Term
4. Rent
5. Late charges
6. Security deposit
7. Other charges and fees
8. Utilities and services
9. Occupants and guests
10. Use of the property
11. Pets
12. Smoking
13. Maintenance and repairs
14. Alterations
15. Landlord entry
16. Subletting and assignment
17. Insurance
18. Default
19. Moving out
20. Notices
21. Disclosures
22. General terms
23. Signatures

Before you use it

• A residential lease is the main contract between a landlord and a tenant for a fixed term, usually 6 or 12 months.
• State law sets the limits on deposits, late fees, entry notice and eviction notices, and it overrides any lease clause that conflicts with it.
• A clause that waives a tenant's legal rights is usually unenforceable and can weaken the rest of the lease.
• Have an attorney in your state review your final version, and attach every disclosure your state and city require.

For the full explanation of this form, read our guide to the residential lease agreement.