Texas Lease Agreement Laws & Requirements
| Security Deposit Limit | No statutory limit |
| Deposit Return Period | 30 days |
| Late Fee Rules | Must be reasonable; charged after 2nd day past due |
| Grace Period | 2 days |
| Notice to Quit (Non-Payment) | 3 days |
| Notice to Quit (Month-to-Month) | 30 days |
| Required Disclosures | lead-paint, landlord-identity, security-device-duties, late-fee-policy, smoke-detector |
| Governing Statute | Tex. Prop. Code §§ 91-92 |
Texas-Specific Requirements
Texas has specific laws governing lease agreements that differ from other states. Understanding these requirements is essential to creating a legally compliant document.
Our template automatically includes all Texas-required provisions, disclosures, and clauses when you select Texas as your state in the document builder.
How to Create Your Texas Lease Agreement
- 1Click "Create Document"
Texas will be pre-selected as your state.
- 2Answer the guided questions
Fill in the details specific to your situation. Texas-required fields will be highlighted.
- 3Review and download
Preview your completed Texas lease agreement, then download as PDF or Word.
Frequently Asked Questions
Texas Lease Agreement Laws Overview
Texas landlord-tenant law is governed primarily by the Texas Property Code, Title 8, Chapter 92 (Residential Tenancies). Unlike many other states, Texas does not have statewide rent control, giving landlords significant flexibility in setting rental rates. However, the state imposes strict requirements regarding security deposits, lock changes, and smoke/CO detector maintenance.
Texas is notably tenant-friendly in certain areas: landlords must make a diligent effort to re-let a unit if a tenant breaks a lease early, and tenants have a statutory right to repair and deduct for conditions affecting health and safety. The Texas Property Code also grants tenants the right to request security device installations and repairs.
Lease agreements in Texas should carefully address security deposit handling, as Texas law (Tex. Prop. Code §92.103-92.109) provides detailed rules about deposit refunds, itemized deductions, and penalties for bad-faith retention. Landlords who fail to comply may be liable for three times the deposit amount plus attorney fees.
| Key Fact | Detail |
|---|---|
| Governing Statute | Tex. Prop. Code §92 |
| Security Deposit Limit | No statutory limit |
| Deposit Return Deadline | 30 days |
| Rent Control | Prohibited by state law |
| Late Fee Rules | Must be reasonable; no statutory cap |
| Landlord Entry Notice | No statutory requirement (reasonable notice recommended) |
| Lease Required in Writing | Yes, if term exceeds 1 year |
Texas Requirements & Disclosures
Required Disclosures
Lead-Based Paint Disclosure
Required for all housing built before 1978. Landlord must provide EPA pamphlet and disclose known lead paint hazards.
42 U.S.C. §4852d
Landlord/Agent Identity
The lease must disclose the name and address of the property owner and any management company authorized to act on the owner's behalf.
Tex. Prop. Code §92.201
Smoke Detector Compliance
Landlord must ensure working smoke detectors are installed at the beginning of the tenancy and disclose their location.
Tex. Prop. Code §92.255
Right to Repair and Deduct
Tenants must be informed of their right to request repairs and the remedies available if the landlord fails to act.
Tex. Prop. Code §92.056
Security Device Duties
Landlord must provide and maintain security devices including door locks, window latches, sliding door pin locks, and peepholes.
Tex. Prop. Code §92.153
Parking Rules Disclosure
If vehicle towing rules apply, landlord must provide written notice of the rules, including the phone number and address of the towing company.
Tex. Prop. Code §92.0131
Mandatory Clauses
Security Deposit Terms
Must specify the deposit amount, conditions for deductions, and the 30-day return period mandated by Tex. Prop. Code §92.103.
Rent and Payment Terms
Must clearly state the monthly rent amount, due date, and acceptable payment methods.
Duty to Mitigate
Texas law requires landlords to make a diligent effort to re-let the property if the tenant breaks the lease (Tex. Prop. Code §91.006).
Security Devices
Lease must address the landlord's obligation to install and maintain locks, deadbolts, peepholes, and other security devices.
Prohibited Clauses
Waiver of Landlord Liability for Negligence
Clauses that attempt to release the landlord from liability for personal injuries caused by the landlord's negligence are void.
Waiver of Right to Repair and Deduct
Lease provisions that waive the tenant's statutory right to repair and deduct for health/safety issues are unenforceable (Tex. Prop. Code §92.006).
Unauthorized Lockout Clauses
Provisions allowing the landlord to lock out a tenant without following proper legal procedures are prohibited (Tex. Prop. Code §92.0081).
Relevant Texas Statutes (Tex. Prop. Code)
| Section | Title | Description |
|---|---|---|
| §92.001 | Definitions | Defines key terms used in the Texas residential tenancy chapter, including "dwelling," "landlord," and "tenant." |
| §92.052 | Landlord's Duty to Repair | Requires landlords to make diligent efforts to repair conditions that materially affect the health or safety of tenants. |
| §92.056 | Tenant Remedies for Repair | Outlines tenant remedies when landlord fails to repair, including rent reduction, repair and deduct, and lease termination. |
| §92.103 | Security Deposit Return | Requires landlords to return security deposits within 30 days of move-out with an itemized list of deductions. |
| §92.109 | Bad Faith Retention | Landlord who retains a security deposit in bad faith is liable for $100 plus three times the wrongfully withheld amount, plus attorney fees. |
| §92.153 | Security Devices Required | Specifies the security devices landlords must provide, including deadbolts, window latches, peepholes, and sliding door locks. |
| §92.331 | Retaliation | Prohibits landlord retaliation against tenants who exercise legal rights, report code violations, or participate in tenant organizations. |
| §91.006 | Duty to Mitigate Damages | Requires landlords to make reasonable efforts to re-let the unit if a tenant breaks the lease early. |
Texas Notice Periods
| Action | Required Notice | Statute |
|---|---|---|
| Non-Payment of Rent (Pay or Quit) | 3 days (unless lease specifies otherwise) | Tex. Prop. Code §24.005 |
| Lease Violation (Notice to Vacate) | 3 days (unless lease specifies otherwise) | Tex. Prop. Code §24.005 |
| Month-to-Month Termination | 30 days (unless lease specifies otherwise) | Tex. Prop. Code §91.001 |
| Rent Increase (Month-to-Month) | 30 days recommended (no statute) | Common practice |
| Repair Request Response | 7 days (reasonable time) | Tex. Prop. Code §92.056 |
| Security Deposit Return | 30 days after move-out | Tex. Prop. Code §92.103 |
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Legal Disclaimer: This website provides legal information, not legal advice. We are not a law firm. This Texas lease agreement template is for informational purposes only. Laws change frequently; consult a licensed attorney in Texas for legal guidance.