Texas Residential Lease Agreement Template

A residential lease agreement in Texas must comply with state-specific landlord-tenant law to be legally enforceable. The lease governs the relationship between the landlord (or property manager) and the tenant, covering rent payments, security deposit limits, maintenance obligations, and termination procedures. Under Texas Property Code Title 8, Chapter 92, security deposits in Texas are not capped by statute, but the landlord must refund it on or before the 30th day after the tenant surrenders the premises (Property Code §92.103). Landlords must provide at least one month for month-to-month tenancies (Property Code §91.001), unless both parties signed an agreement setting a different period written notice to terminate a periodic tenancy. Texas's stance on rent control: no statewide rent control, state law preempts local rent control ordinances. On late fees: allowed only if the written lease gives notice of it, the fee is reasonable, and rent has stayed unpaid two full days after it was due; a fee is presumed reasonable at up to 12% of a month's rent in a structure with four or fewer units, or 10% in a larger structure (Property Code §92.019).

An improperly drafted lease exposes both parties to significant risk. Landlords who include unenforceable provisions, such as waiving the implied warranty of habitability or charging an illegal security deposit, may face penalties and find those clauses void in Texas court. Tenants who sign a lease without understanding their rights under Texas law may unknowingly waive protections they are entitled to. For Texas properties built before 1978, federal law requires lead paint disclosure regardless of state requirements. A properly drafted residential lease protects both parties and reduces the likelihood of costly eviction proceedings or security deposit disputes.