📋 Texas Residential Lease Agreement
Fixed-Term Lease – Comprehensive Texas Property Code Compliant
📋 What This Lease Is For
Fixed-term residential lease agreement:
- Fixed term: Set beginning and end date (typically 12 months)
- Residential only: For living purposes, not commercial
- Texas-specific: Includes required Texas disclosures
- Legally binding: Enforceable contract between landlord and tenant
- Both parties protected: Outlines rights and responsibilities
⚠️ Required Texas Disclosures
Texas law requires certain disclosures in lease:
- Owner/Manager information: Name and address (§ 92.201)
- Lead paint disclosure: If built before 1978 (federal law)
- Smoking policy: If restrictions exist (§ 92.0111)
- Flood disclosure: If in 100-year floodplain (§ 92.201(g))
- Security deposit terms: If advance notice required (§ 92.103)
🚨 Important Legal Requirements
Texas landlord-tenant law (Property Code Chapter 92):
- No cap on security deposit (but must be reasonable)
- 30-day return: Must return/itemize security deposit within 30 days
- Normal wear and tear: Cannot charge for normal wear
- Right to repair: Tenant can request repairs (§ 92.052)
- No retaliation: Cannot retaliate for tenant exercising rights (§ 92.331)
📝 Lease Information
Date lease is signed
Property Information
Required for lead paint disclosure if before 1978
Landlord Information
Required disclosure under § 92.201
Tenant Information
All adults must be on lease
Lease Term
Rent and Fees
Cannot charge until day 3 after due date (§ 92.019)
Texas requires minimum 2-day grace period (§ 92.019)
No Texas law cap (but must be reasonable)
Utilities and Services
Occupancy
Adults + children who will live in property
Smoking Policy
Required disclosure under § 92.0111
Required Texas Disclosures
Required disclosure under § 92.201(g)
📚 Texas Residential Lease Agreement Guide
Essential Lease Components
Every Texas lease should include:
- Parties: Landlord and tenant names
- Property: Complete address
- Term: Start and end dates
- Rent: Amount and due date
- Security deposit: Amount and terms
- Late fees: Amount and when charged
- Utilities: Who pays what
- Occupancy limits: Maximum occupants
- Pet policy: Allowed or prohibited
- Smoking policy: Restrictions if any
- Required disclosures: All Texas-mandated disclosures
Required Texas Disclosures
📋 Mandatory Lease Disclosures
1. Owner/Manager Information (§ 92.201):
- Owner’s name and address
- Or management company name and address
- Must be in lease or given separately
- Penalty if not provided: $100 + attorney fees
2. Smoking Policy (§ 92.0111):
- Required if smoking restrictions exist
- Must state where smoking prohibited
- Can prohibit everywhere or restrict to outside
- Disclosure protects landlord from liability
3. Flood Disclosure (§ 92.201(g)):
- Mandatory since 2022
- Must disclose if in 100-year floodplain
- Check FEMA flood maps
- Important for insurance purposes
4. Lead Paint (Federal Law):
- Required for housing built before 1978
- Must disclose known lead hazards
- Must provide EPA pamphlet
- Tenant gets 10 days to inspect
Security Deposit Rules
Texas security deposit law (§ 92.101-109):
- No cap on amount: Unlike many states, no legal maximum
- 30-day return: Must return OR itemize within 30 days of move-out
- Normal wear and tear: Cannot deduct for normal use
- Bad faith penalty: 3x deposit + attorney fees if wrongfully withheld
- Itemization required: Must provide detailed list of deductions
- Forwarding address: Tenant must provide in writing
Late Fees
Texas late fee law (§ 92.019):
- 2-day grace period: Cannot charge late fee until day 3 after due date
- Reasonable amount: Must be reasonable (typically $50-100 or 5-10% of rent)
- Must be in lease: Late fee terms must be stated in lease
- Not automatic: Landlord chooses whether to charge
⚖️ Legal Disclaimer
This form is provided for informational purposes only and does not constitute legal advice. Texas Property Code Chapter 92 governs residential leases. Must include required disclosures: owner/manager (§ 92.201), smoking policy if restrictions (§ 92.0111), flood disclosure (§ 92.201(g)). Lead paint disclosure required for pre-1978 housing (federal law).
This is a basic form. Every rental situation is different. Consider having lease reviewed by Texas real estate attorney, especially for valuable properties or complex situations. Texas Apartment Association (TAA) and Texas REALTORS® (TAR) offer comprehensive lease forms.
Keep copies signed by all parties. Both landlord and tenant should have fully executed copy. Lease is binding contract – read carefully before signing. Consult attorney if questions about terms or Texas landlord-tenant law.
