Free Texas Residential Lease Agreement Form

Create a Texas residential lease agreement that meets all the requirements necessary in the Lone Star State. Start today with the help of step-by-step instructions and our contract generator.

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• What is a Lease Agreement
• Texas Landlord and Tenant Laws
• Landlord Disclosures for TX Lease Agreement
• How to Write a Texas Lease Agreement
• How to Get a Lease Agreement Form in Texas
• Texas Residential Lease Agreement Sample Form
• Related Documents
• Texas Lease Agreement FAQs

What is a Lease Agreement

A Texas Lease Agreement is a specially written legal contract that is created between a landlord and a tenant. It sets out the main terms of renting a real estate property such as the agreement’s duration, the price of each rental installment, and break clauses like eviction processes.

However, a Texas Residential Lease Agreement should not be confused with a rental agreement. Rental agreements are flexible recurring contracts that can be renewed, amended, or canceled at the end of each rental term. In Texas, this can be managed on a month-by-month basis.

Texas Landlord and Tenant Laws

A Residential Lease Agreement for a property in Texas must be written and signed within the confines of the state’s laws. If the contract diverges from the rules and regulations within the jurisdiction of Texas it could be declared invalid and block either party from recourse if a violation is committed.

To ensure that the contract is legally enforceable in Texas, landlords must be clear on the main statutes and laws governing these agreements. These include the following points:

• Security deposits: There is no maximum limit for the amount that a landlord can charge for a security deposit in Texas. However, they must return the deposit amount at least 30 days after the contract has ended with or without deductions. This extends to 60 days if the property is rented under a commercial lease (TX Prop § 92.103).
• Landlord’s right to enter: There are no laws or statutes in Texas for the minimum notice a landlord must provide before entering the property before an inspection or to perform repairs. However, property owners and managers are recommended to give 24 hours notice before entering the premises (Tex. Prop. § 92.103).
• Late Rent: In Texas, landlords are only permitted to impose a late fee on renters if the fee is explicitly outlined in the lease agreement, deemed fair and appropriate, and the rent payment is delayed by a minimum of two complete days (Tex. Prop. § 92.019).

Landlord Disclosures for TX Lease Agreement

TX lease agreements must contain a few disclosures and addendums when they are completed and signed. These are used to properly inform the resident how to stay safe on the property and to warn of any potential dangers or details about how the property is managed.

The following mandatory disclosures must be made on Texas residential lease agreements:

• Lead paint disclosure: If the rental unit is in a building constructed before 1978, the landlord or their agent must disclose whether lead paint can be found on the property and must provide safety information for any located on the premises.
• Parking rules addendum: The lease must contain a disclosure statement on the parking rules for the property, such as where the resident may park and any policies regarding towing or parking enforcement (Tex Prop. § 92.131).
• Conditions to cancel agreements: All rental agreements and lease agreements must contain a specific statement that informs tenants of their statutory rights to cancel the lease if they are a victim of family violence or are deployed for military service (Tex Prop. §92.016).
• Agent/owner identification: The lease agreement must include a section or an addendum that discloses the contact information of the landlord or a chosen agent who will act on their behalf (Tex Prop. § 92.201)
• Tenant Remedies: The lease must inform tenants of the responsibilities of landlords when dealing with property conditions that may impact their health or safety. If the landlord fails to fix it in a reasonable amount of time, the tenant can choose to end the lease, have the condition repaired, deduct repair costs from rent, or pursue legal action (Tex Pop.§ 92.056).

How to Write a Texas Lease Agreement

Incorporating all the relevant information and terms is essential to create a legally binding agreement in Texas.

To ensure the agreement's compliance with Texas legislation, follow the steps below:

1. Determine the parties involved: The agreement must include the names of the landlord and tenant(s).
2. Inform about the property's address and purpose: The agreement must clearly state the property's address and intended use.
3. Enumerate the lease terms: Include provisions for renewing or extending the agreement, as well as the lease's start and end dates.
4. Detail the payment arrangement: The agreement must clarify the due date, the payment method, rent amount, and any late payment fees.
5. Provide deposit information: Clarify the security deposit amount and the tenant's deadline for returning it.
6. List the occupants: Name any non-paying occupants (if any) residing on the property.
7. Describe utility responsibilities: This section should specify which utilities the landlord is responsible for and which the tenant(s) are responsible for.
8. Name the furnishings: The agreement must include an itemized list.
9. Refer to the governing law: The lease agreement must refer to Texas state law.
10. Add a signature section: Include a section for the tenant(s) and landlord signatures.

To reduce the risk of mistakes, use a Texas Residential Lease Agreement template to create your document.

How to Get a Lease Agreement Form in Texas

It is possible to create your own personalized Texas lease agreement fully online. This allows you to quickly and easily customize your document for the type of real estate you wish to rent out, the number of tenants you will have, and the laws of the state.

Additionally, it is possible to contact a lawyer or attorney to draw up this document for you. This, however, is often a more costly option, which can take longer to produce.

Texas Residential Lease Agreement Sample Form

Before beginning the process of creating a residential lease agreement it is sensible to review an example document first. Find out more about the content and structure of your form with our Texas residential lease agreement sample form below.