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 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 |
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. [1]
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. [2]
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. [4]
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.
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. [5]
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.
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. [6]
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.
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.
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 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. [7]
These are some popular Texas residential lease agreement templates provided by local real estate and property management organizations.
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:
(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) 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.
(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.
…
(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.
(a-1) 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.
(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.
(g) 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.
“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.”
How Long Can a Residential Lease Be in Texas? The maximum duration of a standard residential lease in Texas is one (1) year. All tenancies for one year or longer require a written lease agreement. Read more » Is a Contract to Lease Binding in Texas? Yes, a contract to lease is legally binding in Texas. Once the tenant and landlord enter into the agreement, it is binding. This means that they are both bound by the terms and conditions stated in the lease. Read more » Do Lease Agreements Need to Be Notarized in Texas? No, lease agreements do not need to be notarized in Texas. Signatures on the lease do not need to be witnessed. In the event of an oral lease, there needs to be some written summary of the agreement, even if it is not a formal lease. Read more » Can a Lease Automatically Renew in Texas? Yes, a lease can automatically renew in Texas. Leases may include an automatic renewal clause, which will state the procedure that the tenant and landlord must go through to renew the lease (if any). Read more »
