Texas Lease Agreement Template

1. Agent/Owner Identification – The name and address of the owner of the property, as well as that of any off-site entity responsible for managing the property, must be disclosed to the tenant in writing.^[1]

2. Copy of Lease – Within three business days of the date of signature, the landlord must provide a complete copy of the lease to at least one of the tenants included in the agreement.^[2] Any other tenant on the lease may also request a copy.^[3]

3. Lead-Based Paint Disclosure & EPA Pamphlet – Federal law requires that any landlord of a residence built before 1978 inform their tenants of the possible existence of hazardous lead paint on the property.

4. Parking Rules Addendum (conditional)  – The landlord of a multiunit complex must provide the tenant with a written copy of the rules or policies governing parking on the property, which the tenant must sign.^[4]

5. Special Conditions to Cancel Agreement – The lease must state that a tenant may have the right to terminate the lease early in situations involving family violence or a military deployment. This specific statement must be mentioned in the agreement:^[5]

Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer.

6. Tenant’s Remedies – The lease must include language in bold or underlined print that informs the tenant of their remedies under the law if and when the landlord fails to adequately maintain the property.^[6]

7. 100-Year Flood Plain (conditional) – If a property is located in a 100-year floodplain according to the Federal Emergency Management Agency (FEMA).^[7]  To be considered, the property must be located in an area that has a 1% or greater chance of flooding each year.

The following must be mentioned in the lease:

The Landlord ☐ is or ☐ is not aware that the dwelling you are renting is located in a 100-year floodplain. If neither box is checked, you should assume the dwelling is in a 100-year floodplain. Even if the dwelling is not in a 100-year floodplain, the dwelling may still be susceptible to flooding. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area. Most tenant insurance policies do not cover damages or loss incurred in a flood. You should seek insurance coverage that would cover losses caused by a flood.

Maximum Amount – Texas state law does not impose an upper limit on the amount that a landlord can request for a security deposit.

Collecting Interest – Texas landlords are not required to collect or pay interest on security deposits.

Returning – The landlord must return the security deposit to the tenant within 30 days of the tenant surrendering the property.^[8]

• Itemized List – If the landlord retains any portion of the security deposit, they must provide the tenant with a written description and itemized list of all deductions when they return the balance of the deposit.^[9]

Grace Period – The landlord cannot charge the tenant with a late fee until at least two days after the rent due date.^[10] If rent is not paid after this grace period, the landlord can charge a fee and/or send a three-day notice to quit.

Maximum Late Fee – A late fee cannot be more than 12% of the monthly rent for residential properties with four or fewer units, or 10% of the rent for properties with five or more units.^[11]

NSF Fee – $30 is the maximum amount that a landlord can charge a tenant for a bad check.^[12]

Withholding Rent – If the landlord fails to repair a condition materially affecting the health and safety of the tenant, the tenant may have the condition repaired and deduct up to one month’s rent or $500, whichever is greater, from their next rent payment.^[13]

There are no statewide laws in Texas related to a landlord’s right to enter a tenant’s property. However, it is generally recommended that a landlord provide 24 hours’ written notice before accessing the property.

Absence – Texas state law does not establish a specific amount of time that a tenant must be absent before a residential property may be considered abandoned.

Breaking the Lease – The tenant may terminate the lease early without penalty if they are a victim of family violence,^[14] a victim or the parent of a victim of certain sex offenses or stalking,^[15] or a member of the military.^[16]

Tenant’s Utility Shutoff – If the tenant’s failure to maintain utilities on the premises constitutes a violation of the lease agreement, the landlord may begin eviction proceedings by issuing a three-day notice to quit.^[17]

Unclaimed Property – In commercial tenancies, the landlord must store any abandoned personal property left behind by the tenant for 60 days, after which time they may dispose of it.^[18]