Texas Laws
Requirement to Record: Seller must record the document within 30 days of signing.[1]
Expiration: Constructive notice does not expire under statute.
Maximum Term: There is no statutory maximum term for a lease with an option to purchase.
No Duration: If no duration is set in the lease for the option, it will expire at the end of the lease.
Signing Requirements: Must be in writing and signed by the seller.[2]
Required Disclosures (7)
1. Agent/Owner Identification – Tenants must receive, in writing, the names and addresses of anyone with access to the property, such as an agent or the landlord.[3]
2. Copy of Lease – The tenant must receive a copy of the lease within three business after it’s signed.
3. Lead-Based Paint Disclosure – Landlords renting any property built before 1978 must explain to their tenants in writing that the walls and ceiling could contain lead-based paint.
4. Parking Rules Addendum (PDF | MS Word | ODT) – The lease must contain an addendum that explains parking rules.[4]
5. Special Conditions to Cancel Agreement – Every lease must include the following language:[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 explain in bold or underlined font what will happen and what remedies will be afforded a tenant if a landlord fails to maintain a property adequately.[6]
7. 100-Year Flood Plain – If the property is located in a 100-year floodplain, as described by the Federal Emergency Management Agency (FEMA), the lease must contain the following language:[7]
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.
Seller’s Disclosures (2)
1. Property Located Seaward of the Gulf Intracoastal Waterway Disclosure – For property located seaward of the Gulf Intracoastal Waterway.[8]
2. Seller’s Disclosure Notice – If selling a single-dwelling property, the seller must use this disclosure to inform the buyer of damages to the property. Buyers must receive this disclosure on or before the date the residential purchase agreement is signed by both parties.[9]