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Texas Rental Lease Agreements | Residential & Commercial

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The Texas lease agreements are real estate contracts for the use between a landlord and tenant seeking to have a mutual understanding over the usage of property in return for payment. Upon writing the tenant will most likely view the premises and decide whether it suits their needs, if so, the landlord will usually ask for their credentials through a rental application. Once approved a contract should be written according to State laws: Residential Title 8, Chapter 92 & Commercial Title 8, Chapter 93.

Rental Application – For the use of verifying the tenant’s employment, background, and any other information provided to ensure they are fit for the landlord’s property.

Agreements

Apartment Lease Agreement – Provided by the Apartment Association of Texas.

Association of Realtors – Provided by the Association of Texas Realtors for standard fixed term residential tenancies.

Commercial Lease Agreement – Between a landlord and tenant of property to be used for a business or professional use such as office, industrial, or retail related.

Lease with Option to Purchase Agreement – Standard residential contract with an added clause that allows the tenant to buy the premises.

Month to Month Lease Agreement (§ 91.001) – May be cancelled at anytime with at least one (1) month from landlord or tenant. Although the contract may have other terms for termination as long as both lessor and lessee agree.

Room Rental (Roommate) Agreement – For the individuals involved in a housing arrangement that is shared with each party receiving a bedroom and allocate the common expenses amongst themselves.

Standard Residential Lease Agreement – Most common fixed term contract.

Sublease Agreement – For the use of a tenant that would like to rent their space to someone else also known as a ‘sublet’. Most real estate contracts ask for the landlord’s consent before the subtenant may be authorized on the premises.

Termination Lease Letter – For month-to-month tenancies in order to give official notice to either the landlord or tenant of the desire to cancel with at least one (1) month’s notice.

Disclosures

Agent/Owner Identification (§ 92.201) – It must state in the contract the individual/entity on the deed of record (owner) of the premises including their name and official address. Any managers or persons on-site with access to the property must also be mentioned.

Lead-Based Paint – A federal law for all housing units built before 1978 that requires landowners to inform their tenants of hazardous lead paint in the undercoatings of the walls and ceiling.

Parking Rules (§ 92.0131)  – Included must be an addendum or language in capital letters titled ‘PARKING RULES’ which state the towing or policies towards the tenant’s right to place vehicles on the premises. If the rules are attached to the lease as an addendum it must be acknowledged by the tenant’s signature.

Special Conditions to Cancel Agreement (§ 92.016) – As specifically stated “Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer”.

Tenant’s Remedies (§ 92.056) – Landlord must write the tenant’s remedies if a repair is not completed within a reasonable time-frame (seven (7) days). This language must be in either bold or underlined font.

Access

There is no State Statute that requires the landlord to give notice before entering the property for repairs or any type of non-emergency matter. Although notice is always recommended.

Security Deposits

Maximum – There is no limit to how much the landlord may request for the deposit.

Returning (§ 92.103) – The landlord must return any and all funds within thirty (30) days of the tenant surrendering the property.

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