What must a residential lease agreement include in Texas?

A Texas residential lease should identify the landlord and tenant, the rental address, the term (fixed or month to month), the rent amount and due date, the security deposit amount, and the disclosures Texas law requires: the federal lead-based paint notice for pre-1978 housing, a floodplain / prior-flooding notice, and, if applicable, towing or parking rules. It should also spell out entry terms, since Texas has no statutory entry-notice rule, and how the tenancy ends.

How much can a landlord charge for a security deposit in Texas?

Texas sets no statutory maximum for a residential security deposit (Tex. Prop. Code Chapter 92, Subchapter C). The landlord must refund the deposit, minus lawful deductions, on or before the 30th day after the tenant surrenders the premises (Section 92.103), and must give a written, itemized list of any damages or charges deducted (Section 92.104). Withholding in bad faith without that itemization can forfeit the landlord's right to keep any of the deposit (Section 92.109).

Can I create a free Texas lease agreement?

Yes. You can generate a Texas residential lease agreement at no cost using the free template on this site, filling in the parties, rental address, term, rent, and deposit. Attorney review is available afterward as an option if you want a licensed attorney to look over the finished lease before you sign.

Does a Texas lease agreement need to be notarized?

No. A Texas residential lease does not need to be notarized or signed before witnesses to be valid. It becomes binding once both the landlord and tenant sign it. Keeping a signed copy for each party is good practice, but no notarization requirement appears in Texas Property Code Chapters 91 or 92.

Can a landlord enter my rental without notice in Texas?

Texas Property Code Chapter 92 sets no minimum advance-notice period before a landlord may enter the rental, so, absent a lease term to the contrary, a landlord is not violating a specific statute by entering without notice. Because the law is silent, tenants should negotiate an entry-notice clause into the lease itself, and landlords should honor whatever notice period the lease promises.

What disclosures are required in a Texas lease?

Texas requires the federal lead-based paint disclosure for housing built before 1978, a notice stating whether the dwelling is in a 100-year floodplain or has flooded in the past five years (Section 92.0135), the record title holder's or management company's name and address on request (Section 92.201), and, for tenants in a multiunit complex, a copy of any vehicle towing or parking rules provided before the lease is signed (Section 92.0131).

What are the rules for a month-to-month lease in Texas?

Either the landlord or the tenant may end a Texas month-to-month tenancy by giving written notice. Under Section 91.001, the tenancy ends on whichever is later: the date stated in the notice or one month after the notice is given. Texas does not set a statutory advance-notice period for raising the rent on a month-to-month tenancy; increases take effect on the terms the lease or renewal sets.

What late fees can a Texas landlord charge?

A Texas landlord may not charge a late fee unless it is written into the lease, is reasonable, and rent has remained unpaid for two full days after the due date (Section 92.019). A late fee is presumed reasonable if it is no more than 12 percent of one rental period's rent in a building with four or fewer units, or 10 percent in a building with more than four units.

Texas Residential Lease Agreement

Texas sets no statutory security deposit cap, but landlords must refund it within 30 days. Create a free Texas lease agreement. Attorney review available.

Introduction

A residential lease agreement is a legally binding contract setting out the terms under which a tenant rents a landlord's residential property, including the rent, the term, the security deposit, each party's responsibilities, and how the tenancy ends. In Texas, the landlord (lessor) and tenant (lessee) relationship for residential rentals is governed mainly by Chapter 92 of the Texas Property Code, with Chapter 91 covering notice to end a tenancy. Texas sets no statutory maximum on a security deposit, but a landlord must refund it, minus lawful deductions, on or before the 30th day after the tenant surrenders the premises, and must give a written, itemized accounting of any amount withheld. Texas requires several disclosures: the federal lead-based paint disclosure for housing built before 1978, a notice telling the tenant whether the dwelling sits in a 100-year floodplain or has flooded in the last five years, the record title holder's name and address on request, and a copy of any vehicle towing or parking rules before the lease is signed. Texas Property Code Chapter 92 sets no advance-notice period for a landlord to enter the premises, so the lease itself should spell out entry terms. Attorney review is available as an option before you sign.

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Key Things to Know

1
A residential lease agreement is a legally binding contract that sets the rent, term, deposit, and each party's responsibilities for renting a home, and spells out how the tenancy ends.
2
Texas sets no statutory cap on a security deposit. There is no maximum amount a landlord may charge (Tex. Prop. Code Chapter 92, Subchapter C), but the landlord must refund it, minus lawful deductions, on or before the 30th day after the tenant surrenders the premises (Section 92.103).
3
Required disclosures include the federal lead-based paint notice for pre-1978 housing, a floodplain / prior-flooding notice (Section 92.0135), the landlord's or management company's name and address on request (Section 92.201), and a copy of any towing or parking rules before signing, for tenants in a multiunit complex (Section 92.0131).
4
Texas has no entry-notice statute. Chapter 92 does not set a minimum advance-notice period before a landlord may enter the rental; the lease itself controls, so the parties should agree on entry terms in writing.
5
A late fee must be written into the lease, be reasonable, and rent must remain unpaid two full days after the due date before it applies (Section 92.019). A fee is presumed reasonable up to 12 percent of a rental period's rent in a building of four or fewer units, or 10 percent in a larger building.
6
A month-to-month tenancy ends on whichever is later: the date stated in the termination notice or one month after the notice is given (Section 91.001). Texas sets no statutory advance-notice period for a rent increase.
7
Texas has no rent control. State law preempts rent control except where a city's governing body finds a disaster-driven housing emergency and the governor approves the ordinance (Loc. Gov. Code Section 214.902); no Texas city currently has rent control.

Key decisions before you file

Before you file a Residential Lease Agreement in Texas, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.

Open the Residential Lease Agreement guide

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TEXAS RESIDENTIAL LEASE AGREEMENT

PARTIES AND PREMISES This Residential Lease Agreement (Lease) is made on [DATE] between [LANDLORD NAME], the landlord (also called the lessor), and [TENANT NAME], the tenant (also called the lessee), for the residential property at [RENTAL ADDRESS], Texas (the Premises).
TERM The Lease begins on [START DATE] and [ends on [END DATE] as a fixed term / continues month to month]. If month to month, under Tex. Prop. Code Section 91.001 the tenancy ends on whichever is later: the date stated in a termination notice or one month after the notice is given.
RENT Tenant pays $[AMOUNT] rent to Landlord on the [DAY] of each month. Texas sets no statutory grace period, but a late fee may not be charged unless it is written into this Lease, is reasonable, and rent remains unpaid two full days after the due date (Tex. Prop. Code Section 92.019). A late fee is presumed reasonable up to 12 percent of one rental period's rent in a building of four or fewer units, or 10 percent in a larger building: $[LATE FEE].
SECURITY DEPOSIT Landlord may collect a security deposit of $[AMOUNT]. Texas sets no statutory maximum deposit amount (Tex. Prop. Code Chapter 92, Subchapter C). Landlord must refund the deposit, minus lawful deductions, on or before the 30th day after Tenant surrenders the Premises (Section 92.103). If Landlord withholds any part, Landlord must give Tenant a written, itemized list of damages and charges (Section 92.104); withholding in bad faith without that itemization forfeits Landlord's right to keep any of the deposit (Section 92.109). No separate account or interest is required.
DISCLOSURES Landlord discloses to Tenant: (a) for housing built before 1978, the federal lead-based paint disclosure (42 U.S.C. Section 4852d); (b) whether the Premises is in a 100-year floodplain and whether it has flooded in the preceding five years (Section 92.0135); (c) on request, the name and address of the record title holder and, if managed off-site, the management company (Section 92.201); and (d) if the Premises is in a multiunit complex, a copy of any vehicle towing or parking rules, provided before this Lease is signed (Section 92.0131).
ENTRY Chapter 92 sets no minimum advance-notice period before a landlord may enter the Premises. The parties agree Landlord will give Tenant [NOTICE PERIOD, e.g., 24 hours'] notice before entering, except in an emergency.
MAINTENANCE AND USE Tenant will keep the Premises clean and promptly report conditions affecting health or safety, which Landlord must generally repair and may not waive (Sections 92.051-92.061). Landlord will install and maintain the smoke alarms and security devices Chapter 92 requires (Sections 92.151-92.170, 92.251-92.262). If Tenant pays rent in cash, Landlord will give a written receipt (Section 92.011).
TERMINATION Either party may end a month-to-month tenancy by written notice; termination takes effect on whichever is later: the date stated or one month after the notice is given (Section 91.001). Texas sets no statutory advance-notice period for a rent increase.

SIGNATURES _____________________ Landlord, [LANDLORD NAME] _____________________ Tenant, [TENANT NAME]

Note: This is a compact Texas skeleton governed by Texas Property Code Chapters 91-92. Texas requires no notary and no witnesses to sign a residential lease. For the complete, customizable template, see the full Residential Lease Agreement template.

Texas Requirements for Residential Lease Agreement

No Statutory Security Deposit Cap, 30-Day Refund
Texas sets no statutory maximum on a residential security deposit (Tex. Prop. Code Chapter 92, Subchapter C). The landlord must refund the deposit, minus lawful deductions, on or before the 30th day after the tenant surrenders the premises (Section 92.103).
Itemized Deductions Required When Withholding a Deposit
If the landlord withholds any part of the deposit, the landlord must give the tenant a written, itemized description of damages and charges (Tex. Prop. Code Section 92.104). A landlord who withholds in bad faith without providing this itemization forfeits the right to retain any portion of the deposit (Section 92.109).
Floodplain and Prior-Flooding Disclosure
The landlord must give the tenant a written notice stating whether the dwelling is located in a 100-year floodplain, and, if the landlord knows the dwelling flooded at least once in the preceding five years, a written notice of that flooding (Tex. Prop. Code Section 92.0135).
Disclosure of Ownership and Management
On request from the tenant or a government official, the landlord must disclose the name and address of the record title holder and, if an off-site entity manages the dwelling, the management company's name and address (Tex. Prop. Code Section 92.201).
Towing and Parking Rules Disclosure
If the landlord has vehicle towing or parking rules that will apply to a tenant in a multiunit complex, the landlord must give the tenant a copy of those rules before the lease is signed (Tex. Prop. Code Section 92.0131).
Late Fee Limit and Two-Day Grace Period
A landlord may not collect a late fee unless it is written into the lease, is reasonable, and the rent has remained unpaid two full days after the due date (Tex. Prop. Code Section 92.019). A fee is presumed reasonable if it is no more than 12 percent of a rental period's rent in a building of four or fewer units, or 10 percent in a larger building.
Month-to-Month Termination Notice
A month-to-month tenancy ends on whichever is later: the date stated in the termination notice or one month after the notice is given (Tex. Prop. Code Section 91.001). Texas sets no statutory advance-notice period for a rent increase.
No Statewide Rent Control
Texas has no statewide or local rent control. State law preempts municipal rent control except where a city's governing body finds a disaster-driven housing emergency and the governor approves the ordinance (Tex. Loc. Gov. Code Section 214.902); no Texas municipality currently operates rent control.

Introduction

Key Things to Know

Key decisions before you file

Customize your Residential Lease Agreement Template with DocDraft

Texas Requirements for Residential Lease Agreement

No Statutory Security Deposit Cap, 30-Day Refund

Itemized Deductions Required When Withholding a Deposit

Floodplain and Prior-Flooding Disclosure

Disclosure of Ownership and Management

Towing and Parking Rules Disclosure

Late Fee Limit and Two-Day Grace Period

Month-to-Month Termination Notice

No Statewide Rent Control

Frequently Asked Questions