Texas Residential Lease Agreement
A free Texas lease template, plus what Texas law requires a lease to include, attach or leave out — each with the statute. Use it as a starting point; landlords with unusual situations should have a lawyer review the final lease.
Disclosures Texas requires
| Floodplain notice | The landlord must give the tenant a written notice substantially equivalent to the statutory form stating whether the landlord is or is not aware that the dwelling is in a 100-year floodplain (if neither box is checked, the tenant should assume it is), noting that FEMA's flood map is searchable by address and that most tenant insurance does not cover flood loss. A landlord need not disclose floodplain location if the dwelling has been elevated above 100-year flood levels under federal rules. Applies to: Residential leases of 30 days or more (not short pre- or post-closing occupancies) Source: Tex. Prop. Code § 92.0135(b)-(c) |
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| Prior flooding notice | If the landlord knows flooding damaged any part of the dwelling at least once in the five years before the lease's effective date, it must give a written notice substantially equivalent to: '(Landlord) ( ) is or ( ) is not aware that the dwelling you are renting has flooded at least once within the last five years.' If the landlord violates the flood notice rules and the tenant suffers substantial flood loss to personal property, the tenant may end the lease within 30 days. Applies to: Residential leases of 30 days or more |
| Parking and towing rules | If vehicle towing or parking rules apply when the lease is signed, the landlord must give the tenant a copy before signing, either signed by the tenant, included in the signed lease, or in a signed attachment expressly referred to in the lease. Changes during the lease need prior written notice and generally cannot take effect for 14 days. Applies to: Tenants in multiunit complexes Source: Tex. Prop. Code § 92.0131 |
| Emergency phone number | A landlord with an on-site management or superintendent's office must give tenants a phone number answered 24 hours a day for reporting emergency conditions affecting health or safety, and post it outside the office; other landlords must give tenants a phone number for reporting such emergencies. Applies to: All residential leases Source: Tex. Prop. Code § 92.020 |
| Owner and management company | On request (or in advance), the landlord must disclose the name and a street or P.O. box address of the record title holder and, if an off-site entity manages the dwelling, the name and street address of the management company. Including this information in the lease or in written rules given to the tenant satisfies the duty. This duty cannot be waived. Applies to: All residential leases |
| Tenant selection criteria | When giving an applicant a rental application, the landlord must make available printed notice of its tenant selection criteria and grounds for denial (criminal history, rental history, income, credit, or inaccurate information), and the applicant signs an acknowledgment containing the statutory statement. The acknowledgment may be part of the application if the notice is underlined or in bold. Without the notice, a rejected applicant gets the application fee and deposit back. Applies to: All rental applications Source: Tex. Prop. Code § 92.3515 |
| Fee in lieu of security deposit | A landlord that offers a recurring fee in place of a security deposit must also offer a regular deposit, may not base approval on the choice, and must tell the tenant in writing that a deposit is an option, that the fee arrangement may be ended at any time in favor of a deposit, and the charges for each option. The fee agreement must be in writing and signed by both. Applies to: Leases offering a fee in lieu of a deposit Source: Tex. Prop. Code § 92.111 |
Terms Texas law requires or controls
| Early termination rights statement | If the lease does not contain language substantially equivalent to 'Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer,' a tenant who ends the lease under the family violence or military provisions is also released from delinquent rent owed on the termination date. A similar statement is needed for the sexual offense and stalking provision: 'Tenants may have special statutory rights to terminate the lease early in certain situations involving certain sexual offenses or stalking.' Applies to: All residential leases |
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| Repair remedies statement | A lease must contain language in underlined or bold print informing the tenant of the remedies available under §§ 92.056 and 92.0561 (repair-and-deduct, lease termination and judicial remedies when the landlord fails to repair conditions materially affecting health or safety). Applies to: All residential leases Source: Tex. Prop. Code § 92.056(g) |
| Late fee notice | A late fee may be collected only if notice of the fee is in a written lease, the fee is reasonable, and rent has remained unpaid two full days after it was due. A fee is presumed reasonable if it is no more than 12% of monthly rent (structures with up to four units) or 10% (more than four units). Violations cost $100 plus three times the improper fee plus attorney's fees. Applies to: All residential leases Source: Tex. Prop. Code § 92.019 |
| Lockout for unpaid rent | A landlord may change the locks for a tenant delinquent in rent only if the right to do so is placed in the lease, plus advance written notice (mailed 5 days or delivered or posted 3 days before) stating, in underlined or bold print, the tenant's right to a new key at any hour regardless of payment. Applies to: Leases allowing lockouts for nonpayment Source: Tex. Prop. Code § 92.0081(d) |
| Notice of surrender before deposit refund | A lease requirement that the tenant give advance notice of surrender as a condition of a deposit refund is effective only if it is underlined or printed in conspicuous bold print. Applies to: Leases with a security deposit Source: Tex. Prop. Code § 92.103(b) |
| Tenant-paid repairs | A landlord who owns only one rental dwelling may shift health-and-safety repairs to the tenant at the tenant's expense only if the dwelling is free of such conditions at the start, the lease is written, and the agreement is underlined or in bold in the lease or a separate addendum, specific and clear, and made knowingly, voluntarily and for consideration. Any landlord may, by the same type of agreement, make the tenant pay for wastewater stoppages from foreign objects in lines serving only the tenant, damage to doors, windows or screens, and damage from doors or windows left open (except landlord negligence). Applies to: Leases shifting repair costs to the tenant Source: Tex. Prop. Code § 92.006(e)-(f) |
| Security device charges | A landlord may charge the tenant for repairing or replacing a security device only if an underlined provision in a written lease authorizes it and the need results from misuse or damage by the tenant's household or guests, not normal wear and tear. Applies to: Written residential leases Source: Tex. Prop. Code § 92.162(b) |
| Security device compliance period | The landlord gets 7 days after a written request to comply with security device rules before the tenant can terminate or sue, but only if the lease includes underlined or bold language giving the tenant notice of that rule. Applies to: Written residential leases Source: Tex. Prop. Code § 92.164(b) |
| Smoke alarm tampering notice | A landlord may recover damages and civil penalties from a tenant who disables a smoke alarm or removes its battery without replacing it only if the lease contains an underlined or bold notice stating in substance that the tenant must not disconnect or intentionally damage a smoke alarm or remove the battery without immediately replacing it, and may be liable under § 92.2611. Applies to: Residential leases Source: Tex. Prop. Code § 92.2611 |
| Cash payments | A landlord must accept timely cash rent unless a written lease requires payment by check, money order or other traceable instrument; cash payments require a written receipt and a record book entry. Applies to: All residential leases Source: Tex. Prop. Code § 92.011 |
Clauses that are void in Texas
| Waiver of non-waivable duties and remedies | A lease may not waive the landlord's duties or tenant's remedies on security deposits, security devices, disclosure of ownership and management, utility cutoffs, or smoke alarm installation; health-and-safety repair duties may be waived only as allowed in § 92.006(d)-(f). Rights to vacate after family violence or military orders may not be waived. Applies to: All residential leases |
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| Jury trial waiver | A tenant's right to a jury trial in an action under Chapter 92 may not be waived in a lease or other written agreement. Applies to: All residential leases Source: Tex. Prop. Code § 92.006(h) |
| Late fee waivers | A lease provision that purports to waive a right or exempt a party from a duty under the late fee statute is void. Applies to: All residential leases Source: Tex. Prop. Code § 92.019(d) |
| Firearm bans | Unless state or federal law prohibits it on the property, a landlord may not prohibit a tenant or guest from lawfully possessing, carrying, transporting or storing a firearm or ammunition in the unit, in a vehicle in tenant or guest parking, or in areas needed to enter or exit the unit, premises or vehicle. Applies to: All residential leases Source: Tex. Prop. Code § 92.026 |
| Occupancy above three adults per bedroom | A landlord may not allow more than three adults per bedroom, except as fair housing law requires or for a family violence sanctuary of up to one month. Applies to: All residential leases Source: Tex. Prop. Code § 92.010 |
| Application waivers | A rental application provision that purports to waive a right or exempt a party from a duty under the applicant-screening subchapter is void. Applies to: All rental applications Source: Tex. Prop. Code § 92.355 |
Format and delivery rules
| Copy of the lease within 3 business days | Within three business days after all parties sign, the landlord must give at least one tenant a complete copy of the lease (paper, electronic on request, or by email if the parties have emailed about the lease); other co-tenants get a copy within three business days of a written request. Until a copy is provided, a court must abate the landlord's action to enforce the lease (other than for nonpayment of rent) if the tenant raises it. Applies to: All residential leases Source: Tex. Prop. Code § 92.024 |
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| Flood notices signed and placed in the lease | The flood notices must be in a lease paragraph, a lease addendum or a separate written document given at or before signing, and the landlord and tenant must sign the document containing the notice. Applies to: Residential leases of 30 days or more Source: Tex. Prop. Code § 92.0135(e) |
| Parking rules heading | If parking or towing rules are in the lease or an attachment, the paragraph title must read 'Parking' or 'Parking Rules' and be capitalized, underlined or in bold. Applies to: Multiunit complexes Source: Tex. Prop. Code § 92.0131(c) |
| Underlined or bold clauses | Several clauses work only if underlined or in bold: the repair-remedies statement, tenant repair agreements, advance notice of surrender for deposit refunds, security device charges and compliance periods, and the smoke alarm tampering notice. Applies to: Written residential leases |
Fill in the lease
Nothing you type leaves your browser. Bracketed items are yours to complete; clauses marked as required by Texas law must be written to meet the rule shown above.
1. Parties. This lease is between [landlord name] ("Landlord") and [tenant name(s)] ("Tenant"). Landlord's address for notices: [landlord notice address].
2. Property. Landlord rents to Tenant the home at [rental address], including [parking, storage, appliances included].
3. Term. The lease begins on [start date] and ends on [end date]. [If month-to-month instead: the tenancy continues month to month until either side gives the written notice Texas law requires.]
4. Rent. Rent is $[monthly rent] per month, due on the [due day] day of each month, paid by [payment method] to [where to pay].
5. Late fee. If rent is not received by [late day], a late fee of $[late fee] is due. This fee must comply with Texas law (Tex. Prop. Code Sec. 92.019).
6. Security deposit. Tenant pays a security deposit of $[deposit amount] (Texas law sets no maximum; Tex. Prop. Code ch. 92, subch. C (92.101-92.113)). Landlord will return it, minus lawful deductions with any required itemized list, within the time Texas law sets (Tex. Prop. Code Sec. 92.103(a)).
7. Utilities. Tenant pays: [utilities tenant pays]. Landlord pays: [utilities landlord pays].
8. Occupants and guests. Only these people may live in the home: [names of all occupants]. Guests may stay up to [guest limit] unless Landlord agrees in writing.
9. Pets. [No pets allowed / Pets allowed: describe, plus any pet deposit or fee]. Assistance animals for people with disabilities are not pets and are handled under fair housing law.
10. Repairs and maintenance. Landlord keeps the home safe and fit to live in and makes repairs required by law. Tenant keeps the home clean, reports problems promptly in writing, and pays for damage beyond normal wear and tear.
11. Landlord entry. Landlord may enter for repairs, inspections or showings after giving the notice Texas law requires (Tex. Prop. Code ch. 92), except in an emergency.
12. Subletting. Tenant may not sublet or assign this lease without Landlord's written consent, which [will / will not] be unreasonably withheld.
13. Ending the lease. At the end of the term, [the lease ends / the lease renews month to month] unless either side gives written notice at least [notice days] days before the end date, and never less than Texas law requires.
14. Early termination rights statement. (Write this clause to meet Texas law: see "Early termination rights statement" above (Tex. Prop. Code §§ 92.016(f), 92.017(g), 92.0161(g)).)
15. Repair remedies statement. (Write this clause to meet Texas law: see "Repair remedies statement" above (Tex. Prop. Code § 92.056(g)).)
16. Late fee notice. (Write this clause to meet Texas law: see "Late fee notice" above (Tex. Prop. Code § 92.019).)
17. Lockout for unpaid rent. (Write this clause to meet Texas law: see "Lockout for unpaid rent" above (Tex. Prop. Code § 92.0081(d)).)
18. Notice of surrender before deposit refund. (Write this clause to meet Texas law: see "Notice of surrender before deposit refund" above (Tex. Prop. Code § 92.103(b)).)
19. Tenant-paid repairs. (Write this clause to meet Texas law: see "Tenant-paid repairs" above (Tex. Prop. Code § 92.006(e)-(f)).)
20. Security device charges. (Write this clause to meet Texas law: see "Security device charges" above (Tex. Prop. Code § 92.162(b)).)
21. Security device compliance period. (Write this clause to meet Texas law: see "Security device compliance period" above (Tex. Prop. Code § 92.164(b)).)
22. Smoke alarm tampering notice. (Write this clause to meet Texas law: see "Smoke alarm tampering notice" above (Tex. Prop. Code § 92.2611).)
23. Cash payments. (Write this clause to meet Texas law: see "Cash payments" above (Tex. Prop. Code § 92.011).)
24. Disclosures attached. Landlord has given Tenant these disclosures required by Texas law: Floodplain notice; Prior flooding notice; Parking and towing rules; Emergency phone number; Owner and management company; Tenant selection criteria; Fee in lieu of security deposit. [Attach each one.]
25. Lead paint (homes built before 1978). If the home was built before 1978, Landlord has given Tenant the federal lead-based paint disclosure and the EPA pamphlet "Protect Your Family From Lead in Your Home."
26. Whole agreement. This lease and its attachments are the whole agreement. If any part is not allowed by law, the rest still applies. Changes must be in writing and signed by both sides.
Landlord: [landlord name] Signature: ____________ Date: [date signed]
Tenant: [tenant name(s)] Signature: ____________ Date: [date signed]
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.