Texas Rental Lease Agreement Templates
The Texas Rental Lease Agreements are legal forms used for authorizing the rental of residential and commercial properties/units. They are completed by a landlord or property manager after making the necessary edits to the document to ensure it accounts for any unique leasing situations. Once completed, both the lessor (landlord) and lessees (tenants) sit down to overview the form and record their signatures. Landlords should only sign a lease with tenants they have thoroughly screened via a lease application, which allows them to get a clear idea of whether or not they should be permitted to sign a lease or not.
Types of Agreements
Commercial Lease Agreement – A TAR (Texas Association of Realtors) form developed for renting out property that is zoned for business use. Complies with all TX laws and regulations.
Download – Adobe PDF (.pdf)
Lease to Own Agreement – Includes an additional section not commonly found in standard leases, giving homeowners the option of listing a purchase price for the rental. At the end of the lease, the tenants are given the option to purchase the property at a previously agreed-upon price.
Month-to-Month Lease Agreement – Used leasing a property a month at a time. The lease is automatically extended for a month after the tenant makes a payment. In order to end the contract, either party must give a notice of at least thirty (30) days.
Roommate Agreement – Significantly improves roommate relations by having a set list of rental-wide rules pertaining to cleaning, guests, personal belongings, noise, studying (if applicable), and cost-sharing, to name a few.
Standard Residential Lease Agreement – A sixteen (16) page contract that covers every aspect of leasing property in Texas. Complies with all landlord-tenant laws and includes the necessary disclosures. Can be used for leasing apartments, homes, single rooms, floors, and more.
Download – Adobe PDF (.pdf)
Sublease Agreement – A form used for introducing a secondary tenant into an already-rented dwelling – allowing the original tenant to vacate legally. The original tenant remains liable for collecting rent from the new tenant, as well as ensuring the property remains free of damage.
What is a Texas Lease Agreement?
A Texas Lease Agreement is a form used for renting out commercial or residential real estate to tenants, in exchange for routine payments of rent. They are used by landlords and property owners for the purpose of setting binding rules regarding the rental of a unit that all parties are required to follow. Leases longer than one (1) year in length should always be in written form.
State Definition (§ 92.001) – “means any written or oral agreement between a landlord and tenant that establishes or modifies the terms, conditions, rules, or other provisions regarding the use and occupancy of a dwelling.”
State Laws & Guides
- Ch. 91. “Provisions Generally Applicable to Landlords and Tenants”
- Ch. 92. “Residential Tenancies”
- Ch. 93. “Commercial Tenancies”
- Ch. 301 “Texas Fair Housing Act”
Landlord-Tenant Guides / Handbooks
When is Rent Due?
The precise due date of rent is not stated by TX law. As such, the due date of rent should be clearly outlined in the written lease agreement. According to § 92.019, a landlord must provide a tenant with a grace period of one (1) day. Meaning a landlord can only charge a late fee after the rent has gone unpaid for a minimum of one (1) day.
Emergency: No statute. However, federal law provides landlords with the right of entry to an occupied rental property (without notice) in the event of an emergency.
Non-Emergency: No statute. State law does not specify a mandatory notice period for a landlord to access the rental property in non-emergency situations. However, to be courteous, landlords are recommended to provide tenants with at least twenty-four (24) hours notice prior to making entry.
- Lead Paint Disclosure: If a landlord to a property constructed before 1978 is aware of any lead paint hazards in the rental, they must inform the tenants of such hazards prior to their move-in date. Additionally, the landlord must provide the tenant(s) with a copy of a brochure about lead-based hazards in the home.
- Names and Addresses (§ 92.201(a)): A landlord must disclose to the tenant(s) “the name and either a street or post office box address of the holder of record title, according to the deed records in the county clerk’s office, of the dwelling rented by the tenant or inquired about by the government official or employee acting in an official capacity.” If a management company is primarily responsible for managing the dwelling, the name and address of this company should be given instead.
- Parking Rules (§ 92.013(a)): Landlords that manage multiunit complexes must provide tenants with a copy of any relevant towing and/or parking rules/policies, and inform them of any changes to the towing rules/policies.
- Rule or Policy Changes (§ 92.013(a)): If the landlord wishes to change a rule or policy that is not included in the lease agreement and will affect any personal property owned by the tenant that is located outside the tenant’s dwelling, they are required to provide the tenant prior written notice.
- Special Conditions to Cancel Agreement (§ 92.016): A landlord must include a statement in the lease agreement that is similar (or identical) to 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.”
- Tenant’s Remedies (§ 92.056(g)): A landlord must ensure the written lease contains language, in underlined or bold text, that informs the tenant of the remedies available to them under sections 92.056 and 92.0561.
Maximum: No statute; landlords can request tenants pay whatever security deposit they deem as fair. The recommended deposit is one (1) months’ rent for unfurnished units and two (2) months’ rent for fully furnished units. Requiring an additional deposit from tenants with pets is also recommended.
Returning to Tenant (§ 92.103): The landlord must return a security deposit to the tenant on or before the thirtieth (30th) day after the date the tenant moves-out of the dwelling.
Deposit Interest: No statute.