Free Texas Parking Agreement (TPC §92.0131)
Texas parking agreement under Tex. Prop. Code § 92.0131 and the Texas Towing and Booting Act (Tex. Occ. Code ch. 2308). In a multiunit complex the landlord must give the tenant a copy of the vehicle towing or parking rules before the lease is executed (§ 92.0131(b)), and a parking permit must run coterminous with the lease term (§ 92.0132). The tow itself is governed by ch. 2308, which requires compliant entrance signs posted for the preceding 24 hours (§§ 2308.252(a)(1), 2308.301-2308.302) or windshield-plus-certified-mail notice (§ 2308.252(b)-(c)).
Free Texas Parking Agreement (TPC §92.0131) — overview
A Texas Parking Agreement (TPC §92.0131) is a parking addendum built around Tex. Prop. Code § 92.0131 and the Texas Towing and Booting Act, Tex. Occ. Code ch. 2308. Texas protects tenants through a rules-disclosure requirement before the lease is executed, a coterminous parking permit, strict entrance-sign rules, limits on when a parking facility owner may have a vehicle removed, and a probable-cause hearing in justice court after a tow.
Complete the Addendum
Complete the form below to generate a Texas Parking Agreement (TPC §92.0131). The addendum must identify the master lease it modifies, the parties, and the new terms. Both landlord and tenant must sign for the addendum to be enforceable. Once signed, attach the addendum to the master lease — the addendum and lease together constitute the full agreement.
How addenda work: An addendum is a contractual amendment to a master lease. It does not replace the lease — it adds to or modifies specific provisions. If there is a conflict between the addendum and the master lease, the addendum controls (when properly executed). All parties to the master lease should sign the addendum.
1. Master Lease (Identification)
2. Parties
3. Addendum Terms
⚠ Texas Towing Rules — Tex. Prop. Code § 92.0131 and Tex. Occ. Code ch. 2308
Tex. Prop. Code § 92.0131 applies to a tenant in a multiunit complex as defined by § 92.151. The landlord MUST: (1) give the tenant a copy of any vehicle towing or parking rules before the lease agreement is executed, signed by the tenant or included in the lease or in a signed attachment expressly referred to in the lease (§ 92.0131(b)); (2) title the lease paragraph containing those rules Parking or Parking Rules, capitalized, underlined or in bold print (§ 92.0131(c)); and (3) give written notice of any mid-term rule change, which may not take effect before the 14th day after the notice is delivered unless the change results from a construction or utility emergency (§ 92.0131(d)-(e)). A landlord who violates those subsections is liable for a $100 civil penalty plus any towing or storage costs the tenant incurs, and the nonprevailing party pays the prevailing party’s reasonable attorney’s fees and court costs (§ 92.0131(f)). The tow itself is governed by the Texas Towing and Booting Act, Tex. Occ. Code ch. 2308, not by Property Code Chapter 92.
4. Signatures (All Parties)
Both landlord and tenant(s) must sign this addendum. Once signed, attach to the master lease. Each party retains a signed copy.
About the Texas Parking Agreement (TPC §92.0131)
Texas splits residential parking and towing between two codes, and the split is where most templates go wrong. Tex. Prop. Code § 92.0131 (Notice Regarding Vehicle Towing or Parking Rules or Policies) is the only Property Code section that governs a landlord’s parking rules. It applies to a tenant in a multiunit complex as defined by § 92.151, and it requires the landlord to give the tenant a copy of any vehicle towing or parking rules before the lease agreement is executed, with the copy signed by the tenant, included in the signed lease, or included in a signed attachment expressly referred to in the lease. Where the rules sit in the lease or an attachment, the paragraph must be titled Parking or Parking Rules and capitalized, underlined or printed in bold. Subsection (c-1) limits what the landlord may demand as a precondition of parking to only the make, model, color, year, license number and state of registration of the vehicle — it is a ceiling on landlord demands, not a duty to keep a registry. A mid-term change requires written notice, must apply to every tenant in the same complex and rest on necessity, safety or security, reasonable construction requirements, or respect for other tenants’ parking rights (or the tenant’s written consent), and may not take effect before the 14th day after notice unless a construction or utility emergency. Violating subsections (b), (c), (d) or (e) makes the landlord liable for a $100 civil penalty plus any towing or storage costs the tenant incurs, with reasonable attorney’s fees and court costs to the prevailing party (§ 92.0131(f)), and § 92.0131(g) makes the landlord liable for damage a contracted towing service negligently causes if that company is uninsured. A separate section, § 92.0132 (Term of Parking Permit), requires any parking permit issued to a tenant to run coterminous with the lease term and bars the landlord from terminating or suspending it before the tenant’s right of possession ends.
The tow itself is governed by the Texas Towing and Booting Act, Tex. Occ. Code ch. 2308, not by Chapter 92. Under § 2308.252(a) a parking facility owner may have an unauthorized vehicle removed only if compliant signs prohibiting unauthorized vehicles were posted at the time of towing and for the preceding 24 hours, or the owner or operator received actual notice, or the facility owner gave notice under § 2308.252(b) — a conspicuous windshield notice followed by certified mail, return receipt requested, warning that the vehicle will be towed if it is not removed before the 15th day after the postmark date. §§ 2308.301-2308.302 set the sign rules: a sign facing and conspicuously visible to an entering driver, at each driveway or curb-cut, permanently mounted with its bottom edge five to eight feet above ground, at least 18 inches wide and 24 inches tall, bearing the international towing symbol, a statement of who may park, the words “Unauthorized Vehicles Will Be Towed or Booted at Owner’s or Operator’s Expense,” the days and hours of enforcement, and a telephone number answered 24 hours a day. § 2308.253 covers apartment-complex parking specifically: a vehicle may be removed for obstructing a gate or refuse area, sitting in a restricted space or a marked TOW AWAY ZONE, being a semitrailer, trailer or truck-tractor, or leaking a hazardous fluid — but it may not be towed merely for lacking an unexpired license plate or registration insignia unless the lease so provides and the owner is given at least 10 days’ written notice. Any conflicting apartment-lease provision entered into or renewed on or after 1 January 2004 is void (§ 2308.253(g)). § 2308.404 supplies the remedy: a parking facility owner, towing company or booting company that violates the chapter is liable for damages arising from the removal or storage and for the towing and storage fees, with no need to prove negligence, and an intentional, knowing or reckless violation costs $1,000 plus three times the fees. The vehicle’s owner is also entitled to a probable-cause hearing in justice court on request delivered before the 14th day after the tow (§§ 2308.452-2308.456). There is no § 92.0133 and no § 92.0143 in the Texas Property Code, and § 92.0135 is the floodplain-disclosure section — any template citing those for a towing rule is citing law that does not exist.
Key Provisions
- Statutes: Tex. Prop. Code §§ 92.0131-92.0132 + Tex. Occ. Code ch. 2308 (Texas Towing and Booting Act)
- §92.0131(b): copy of the towing/parking rules to the tenant BEFORE the lease is executed, signed or incorporated
- §92.0131(c-1): the landlord may require only make, model, color, year, license number and state of registration
- §92.0132: a parking permit runs coterminous with the lease term and may not be suspended early
- Occ. Code §§ 2308.301-2308.302: compliant tow-away signs at each entrance, posted for the preceding 24 hours (§ 2308.252(a)(1))
- Occ. Code § 2308.252(b)-(c): otherwise, windshield notice plus certified mail with a 15-day warning
- Occ. Code § 2308.253: fire-lane, gate, refuse-area, TOW AWAY ZONE and leaking-fluid tows; no tow for expired registration without 10 days’ notice
- Occ. Code §2308.404: damages and fees without proof of negligence; $1,000 + 3x the fees for an intentional, knowing or reckless violation
- Remedies: §92.0131(f) $100 civil penalty + the tenant’s towing and storage costs + fees to the prevailing party; Occ. Code §2308.404 damages and fees, or $1,000 + 3x the fees for an intentional, knowing or reckless violation; Occ. Code §2308.452 probable-cause hearing in justice court
Common Mistakes
- No copy of the towing/parking rules given before the lease was executed (§92.0131(b) violation)
- Burying the rules in an untitled paragraph instead of one titled Parking or Parking Rules in caps, underline or bold (§92.0131(c))
- Changing the parking rules mid-term without written notice, or enforcing the change before the 14th day (§92.0131(d)-(e))
- Suspending or terminating a tenant’s parking permit before the right of possession ends (§92.0132)
- Missing or non-compliant tow-away signs at the entrances, or signs not up for the preceding 24 hours (Occ. Code §§2308.252(a)(1), 2308.301-2308.302)
- Towing on a windshield notice alone without the certified-mail notice and the 15-day warning (Occ. Code §2308.252(b)-(c))
- Towing a tenant’s vehicle merely for expired registration without the 10 days’ written notice (Occ. Code §2308.253(d)-(e))
- Demanding more vehicle information than §92.0131(c-1) permits
- Using non-compliant towing company (local ordinance + state law)
Best Practices for Lease Addenda
- Identify the master lease. The addendum should reference the lease date and parties so there’s no ambiguity which lease it modifies.
- All parties sign. Every party to the master lease must sign the addendum. If the addendum is not signed by all tenants, it may be unenforceable against the non-signing tenants.
- Attach to the master lease. Keep the addendum physically attached to the lease. A loose addendum can be lost or disputed.
- Be specific. Vague terms create disputes. State exactly what is permitted, prohibited, charged, or modified.
- State precedence. Most addenda say “in the event of conflict between this addendum and the master lease, this addendum controls.”
- Don’t violate state law. Provisions that violate state landlord-tenant law (e.g., waiving habitability, anti-retaliation, security-deposit rules) are unenforceable even if both parties sign.
Related Resources
- Texas landlord tenant laws
- Texas habitability laws
- Texas security deposit laws
- Texas eviction notice laws
- Texas late fee laws
- Lease termination laws by state
Frequently Asked Questions
Does my parking addendum have to be signed before the lease is signed?
Yes. Tex. Prop. Code § 92.0131(b) says that if you have vehicle towing or parking rules or policies in place when the lease is executed, you must provide a copy to the tenant before the lease agreement is executed. The copy has to be signed by the tenant, included in a lease agreement the tenant signs, or included in an attachment the tenant signs that the lease expressly refers to. An addendum handed over at move-in, or one referenced by a lease that never names it, does not satisfy the subsection. Where the rules sit inside the lease or an attachment, § 92.0131(c) requires the paragraph title to read Parking or Parking Rules and be capitalized, underlined, or in bold.
Does section 92.0131 apply to my single-family rental house?
No. Section 92.0131(a) says the section applies only to a tenant in a multiunit complex as defined by § 92.151. Section 92.151(8) defines a multiunit complex as two or more dwellings in one or more buildings that are under common ownership, managed by the same owner, agent, or management company, and located on the same lot or tract or on adjacent lots or tracts. A stand-alone house is outside that definition, so the § 92.0131 notice mechanics and its civil penalty do not reach it. The parking terms in a single-family lease are ordinary contract terms, and the towing rules in Tex. Occ. Code ch. 2308 still govern any tow from a parking facility.
Can I require proof of insurance or a driver’s licence before assigning a parking space?
Not as a precondition of parking. Section 92.0131(c-1) says that as a precondition for allowing a tenant to park in a specific space or in a common parking area you have made available for tenant use, you may require the tenant to provide only the make, model, color, year, license number, and state of registration of the vehicle. Insurance certificates, licence numbers, and VINs are outside that list. There is one narrow statutory exception in § 92.0131(c-2) for a municipal housing authority in a municipality with a population over 500,000 located within 50 miles of an international border, and its affiliated public facility corporations, which may require vehicle registration with the authority.
Can I change the parking rules in the middle of a lease term?
Yes, but § 92.0131(e) constrains both the reason and the timing. The change must apply to all of your tenants in the same multiunit complex and rest on necessity, tenant safety or security, reasonable requirements for construction on the premises, or respect for other tenants’ parking rights, or else be adopted with the tenant’s written consent. It may not take effect before the 14th day after the date notice of the change is delivered, unless the change results from a construction or utility emergency. Section 92.0131(d) requires written notice of the change before the tenant is required to comply, and it puts the burden of proving receipt on you.
How do I prove a tenant actually received a parking rule change?
Section 92.0131(d) sets out the safe routes. You satisfy the burden by delivering the notice by certified mail, return receipt requested, addressed to the tenant at the dwelling, or by making a notation in your files of the time, place, and method of delivery and the name of the person who delivered it, where delivery was by hand to the tenant or any occupant of the dwelling over the age of 16, by facsimile to a fax number the tenant gave you for notices, or by taping the notice to the inside of the main entry door. As a practical matter, keeping the signed return receipt or the file notation is what wins the argument later.
Can I suspend a tenant’s parking permit as a penalty for a lease violation?
Not in Texas. Tex. Prop. Code § 92.0132 says a landlord who issues a parking permit to a tenant must issue it for a term coterminous with the tenant’s lease term, and may not terminate or suspend the permit until the date the tenant’s right of possession ends. That rules out pulling a permit over late rent, a noise complaint, or an unrelated rule breach while the tenancy continues. Because the permit runs with possession, a renewal that extends the lease term should also extend the permit. Enforcement of other lease violations has to travel through the lease and, where possession is at stake, the eviction statutes.
Is a signed parking addendum enough to tow, or do I still need signs?
The addendum is not a substitute for tow authority. Tex. Occ. Code § 2308.252(a) lets a parking facility owner remove an unauthorized vehicle only if compliant signs prohibiting unauthorized vehicles were on the facility at the time of towing and for the preceding 24 hours and remain installed, or the owner or operator received actual notice that the vehicle will be towed at their expense, or notice was given under § 2308.252(b), or the § 2308.252(a)(4) information route applies. Section 2308.252(b) requires a conspicuous windshield notice plus certified mail, return receipt requested, warning under § 2308.252(c)(3) that the vehicle will be towed if it is not removed before the 15th day after the postmark date.
Am I liable if my towing company damages a tenant’s car?
You can be. Section 92.0131(g) makes a landlord liable for damage to a tenant’s vehicle resulting from the negligence of a towing service that contracts with you or your agent to remove vehicles parked in violation of your rules, if that towing company does not carry insurance covering the damage. Separately, § 92.0131(f) makes a landlord who violates subsection (b), (c), (d), or (e) liable for a civil penalty of $100 plus any towing or storage costs the tenant incurs, with reasonable attorney’s fees and court costs to the prevailing party. Verifying and documenting your tow vendor’s insurance before signing is practice, not statute, but it is what § 92.0131(g) rewards.
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⚖ Legal Disclaimer
This addendum form is provided for general informational purposes only and does not constitute legal advice. State landlord-tenant law and local rental ordinances impose specific requirements that may affect the enforceability of certain provisions. For Texas towing law, visit TX Attorney General and review Tex. Prop. Code §§ 92.0131-92.0132 and the Texas Towing and Booting Act, Tex. Occ. Code ch. 2308. Consult a qualified landlord-tenant attorney before relying on this template, especially for high-value tenancies or where a municipal parking or towing ordinance also applies.
