Texas Residential Lease Agreement

Important Information for Texas Landlords

Texas Rental Law Highlights

Security Deposits (Texas Property Code Chapter 92, Subchapter C)

• No Maximum Amount: Texas does not limit security deposit amounts
• Return Timeline: 30 days to return deposit with itemized deductions
• Move-Out Notice Required: Tenant must provide forwarding address in writing
• Itemization: Must provide itemized list of deductions with receipts/estimates
• Normal Wear and Tear: Cannot deduct for normal wear and tear
• Bad Faith Penalties: If landlord acts in bad faith, tenant may recover deposit plus $100, plus attorney fees
• Triple Damages: Tenant may recover 3x deposit plus attorney fees if landlord retains in bad faith
• Interest Not Required: No requirement to pay interest on deposits

Rent and Rent Increases

• No Rent Control: Texas prohibits local rent control ordinances
• No Notice Required: For fixed-term lease expiration, no notice required for rent increase
• Month-to-Month: One full rental period notice required (typically 30 days)
• Late Fees: Must be reasonable; typically $50 or 5-10% of rent
• Grace Period: Not required by law
• Rent Payment Location: Must be at dwelling, office, or designated location

Required Disclosures

• Lead-based paint disclosure (pre-1978 properties) – Federal requirement
• Tenant’s rights and duties under Texas Property Code
• Owner/manager contact information
• Smoke detector information (must have working detectors)
• Security device information (locks, security systems)
• Previous flooding events (if within last 5 years)
• Presence of asbestos insulation
• Registered sex offender database information
• Utility company information
• HOA rules and regulations (if applicable)

Eviction and Termination (Texas Property Code Chapter 24)

• 3-Day Notice: For nonpayment of rent
• Unconditional Notice: Can provide notice to vacate without opportunity to cure for serious violations
• Month-to-Month: One full rental period notice (typically 30 days)
• Forcible Entry and Detainer: Formal eviction lawsuit required
• No Self-Help: Lockouts, utility shutoffs illegal (can result in civil liability)
• Fast Process: Texas has one of the fastest eviction processes (can be 3-4 weeks)
• Writ of Possession: Required to physically remove tenant

Landlord Obligations (Texas Property Code §92.052-92.056)

• Habitability: Must comply with applicable building and housing codes
• Repairs: Make repairs within 7 days after written notice (or earlier if emergency)
• Security Devices: Must provide and maintain functioning locks, latches, and security devices
• Smoke Detectors: Must install and ensure working smoke detectors
• Water, Gas, Electric: Must make utility connections available
• Clean and Safe: Premises must be in clean and safe condition at move-in
• Remove Trash: Must provide adequate trash receptacles

Tenant Rights and Remedies

• Repair and Deduct: After proper notice, tenant may repair and deduct from rent
• Rent Withholding: Can terminate lease or get judicial relief if landlord fails to repair
• Retaliation Protection: Landlord cannot retaliate for complaints (§92.331)
• One-Day Lockout: If illegally locked out, can recover possession plus one month’s rent + $1,000
• Utility Shutoff: If utilities shut off, can get injunction plus damages

Entry and Access (§92.0081)

• Notice Required: Must give reasonable notice before entry
• No Specific Time: Texas law doesn’t specify exact hours, but 24 hours is standard
• Emergency: Can enter without notice in emergency
• Abandonment: Can enter if property appears abandoned
• Reasonable Hours: Entry should be during reasonable hours

Pet Policies

• No Deposit Limits: Pet deposits not limited by state law
• Non-Refundable Fees: Can charge non-refundable pet fees
• Pet Rent: Can charge monthly pet rent
• Service Animals: Must allow under Fair Housing Act; cannot charge fees
• Assistance Animals: Must accommodate with proper documentation
• Breed Restrictions: Generally allowed, but check local ordinances

Texas-Specific Considerations

Mold Disclosure and Remediation (§92.052)

• Landlord must provide notice about mold prevention and remediation
• Must provide EPA pamphlet “A Brief Guide to Mold, Moisture, and Your Home”
• Must remediate any conditions materially affecting health and safety
• Tenant must give notice and reasonable time to repair
• Insurance policies may not cover mold claims

Property Condition and Appliances

• Air Conditioning: If provided, landlord must maintain in good working order
• Heat: No specific temperature requirement unlike some states
• Appliances: If provided, must maintain in working condition
• Swimming Pools: If provided, must maintain in safe condition

Rekeying Requirements (§92.331)

• Must rekey locks between tenancies
• Tenant can request rekeying if victim of domestic violence, sexual assault, or stalking
• Tenant can request rekeying if roommate moves out (with permission)
• Reasonable charges apply for tenant-requested rekeying

Flooding Disclosure (§92.201)

• Must disclose if property flooded in last 5 years
• Disclosure must be in lease or separate document
• Applies to flooding from any source
• Must disclose number of times flooded

Military Service Members (SCRA)

• Service members may terminate lease if PCS orders received
• Must provide 30 days notice and copy of orders
• Protected from eviction during active duty in some cases
• Special rules for deployment and rent caps

Landlord’s Lien

• Texas allows landlord’s lien on tenant’s personal property
• Applies to unpaid rent and property damage
• Cannot seize exempt property (clothing, tools, etc.)
• Must follow strict legal procedures
• Tenant has redemption rights

Fair Housing Requirements

Cities with Additional Regulations

• Austin: Source of income protection, additional rental registration requirements
• Dallas: Crime-free housing ordinances in some areas
• Houston: Rental property registration in some jurisdictions
• San Antonio: Rental registration and inspection programs

Best Practices for Texas Landlords

• Use written leases for all tenancies
• Conduct thorough move-in and move-out inspections with photos
• Provide all required disclosures before tenant signs
• Respond promptly to repair requests (within 7 days of written notice)
• Keep detailed records of all communications
• Return security deposits within 30 days with itemized list
• Never use self-help eviction methods
• Maintain property to code standards
• Consider landlord insurance
• Require renter’s insurance (permitted in Texas)
• Rekey locks between tenancies
• Maintain working smoke detectors
• Join local apartment associations or landlord groups

Security Device Requirements (§92.153-92.170)

• Must have keyless bolts (deadbolts) on exterior doors
• Must have sliding door security devices
• Must have window latches on accessible windows
• Must have door viewers (peepholes) on exterior doors without windows
• Tenant can request additional devices if victim of crime

Landlord’s Right to Terminate for Criminal Activity

• Can terminate if tenant/occupant convicted of certain crimes
• Can terminate for drug-related criminal activity on premises
• Must follow proper notice procedures
• Different rules for public housing

Resources

• Texas Property Code (Chapter 24, Chapter 92)
• Texas Apartment Association
• Texas REALTORS® – Property Management Section
• State Bar of Texas – Real Estate Section
• Local apartment associations
• Justice of the Peace courts (for eviction procedures)
• Texas Department of Housing and Community Affairs