Texas Lease Agreements | Residential & Commercial

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A Texas lease agreement is a legal document that allows a landlord to rent property to a tenant for monthly payment. Before signing, the landlord is recommended to verify a prospective tenant’s credit report and employment. If the tenant is qualified, the landlord will write a lease for the parties to sign. The documents may be used for commercial or residential property.

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.

Table of Contents

Agreement Types (8)


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

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

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Month-to-Month Lease Agreement (§ 91.001) – Can be canceled at any time 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.

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Rent-to-Own Lease Agreement – Standard residential contract with an added clause that allows the tenant to buy the premises.

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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.

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Standard Residential Lease Agreement – Most common fixed term contract.

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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.

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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.

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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 Disclosure – 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 Addendum (PDF | MS Word | ODT) (§ 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) – Every lease must contain this clause that states the following:

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

The statute also requires a 30-day written notice of termination by the tenant in such an event.

Tenant’s Remedies (§ 92.056) – The 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.

Guides

(Video) What are the Texas Rental Laws?