Texas Residential Lease Agreement: Free Template and Property Code Rules

Residential Lease Agreement (Texas)

This Residential Lease Agreement (“Lease”) is made on [Date] for a dwelling in the State of Texas between the Landlord and the Tenant(s) named below. It is governed by Chapters 24, 91 and 92 of the Texas Property Code.

1. Parties

Landlord (owner or owner’s agent): [Full Legal Name or Entity Name]
Address for notices: [Street Address, City, Texas, ZIP]
Phone: [Phone] Email: [Email]

Tenant(s): [Tenant 1 Full Legal Name], [Tenant 2 Full Legal Name], [Additional Tenants]
Phone: [Phone] Email: [Email]

Each Tenant is jointly and severally liable for all obligations under this Lease.

Guarantor (optional): [Full Legal Name and Address, or “None”]. A guarantor who is not a tenant is liable only for the original term of this Lease unless the guarantor signs a separate agreement that expressly guarantees renewals (Tex. Prop. Code § 92.021).

2. Premises

Address: [Street Address, Unit, City, Texas, ZIP]
County: [County]
Type: [House / Apartment / Condominium / Townhome / Duplex unit / Room in a shared home]
Number of dwelling units in the building: [Number]
Parking: [Assigned space(s), garage, street, or “None”]
Storage and other areas included: [Description, or “None”]
Furnishings and appliances included: [List, or “None”]

3. Term

☐ Fixed term. Begins [MM/DD/YYYY] and ends at 11:59 p.m. on [MM/DD/YYYY].
☐ Month to month. Begins [MM/DD/YYYY] and continues from month to month.

Either party may end a month-to-month tenancy, or decline to continue after the fixed term, by written notice to the other party given at least [30] days before the termination date. If this Lease is silent or the notice is shorter, the tenancy ends on the later of the date stated in the notice or one month after the notice is given (§ 91.001).

At the end of the fixed term, this Lease:
☐ continues month to month on the same terms unless either party gives the notice above; or
☐ ends, unless the parties sign a renewal or a new lease.

4. Rent

Monthly rent: $[Amount], due on or before the [1st] day of each month.
First month’s prorated rent (if the Lease begins mid-month): $[Amount].
Payment methods accepted: [Check / money order / cashier’s check / online portal / bank transfer / cash].
Where to pay: [Address, portal or account].

☐ Rent must be paid by check, money order, cashier’s check or electronic transfer; no cash. If this box is not checked, the Landlord will accept timely cash payments, give a written receipt for each one and record it in a record book (§ 92.011).

Returned payment fee: $[Amount]. After [two] returned payments, the Landlord may require certified funds.

5. Late Fee

If any part of the rent remains unpaid two full days after the date it was due, the Tenant will pay a late fee consisting of:

• an initial fee of $[Amount]; and

• [optional] a daily fee of $[Amount] for each additional day any rent remains unpaid,

with the combined total not to exceed $[Cap] for any one month. The initial and daily fees together are a single late fee.

The total late fee in any month will not exceed 12% of the monthly rent if the building has four or fewer dwelling units, or 10% if it has more than four, unless the fee reflects the Landlord’s actual uncertain damages from late payment (§ 92.019). The Tenant may ask in writing for a statement of any late fees owed (§ 92.0191). Paying a late fee does not waive the Landlord’s right to terminate this Lease for non-payment.

6. Security Deposit

Security deposit: $[Amount], paid on [Date].

The Landlord will refund the deposit, less lawful deductions, on or before the 30th day after the Tenant surrenders the Premises, together with a written description and itemized list of all deductions (§§ 92.103, 92.104). The Landlord will not deduct for normal wear and tear. The Landlord is not required to refund the deposit or send the itemized list until the Tenant gives the Landlord a written forwarding address (§ 92.107).

The Tenant must give the Landlord written notice of surrender at least [30] days before moving out as a condition of refunding the security deposit. (§ 92.103(b); delete if not used.)

The Tenant may not withhold payment of any part of the last month’s rent on the ground that the security deposit covers it. A tenant who does so in bad faith is liable for three times the rent withheld plus attorney’s fees (§ 92.108).

If the Tenant never moves in and a replacement tenant satisfactory to the Landlord occupies the Premises by the start date, the Landlord may keep only [a lease cancellation fee of $[Amount] / the actual cost of finding the replacement] (§ 92.1031).

Notices about the deposit may be sent by e-mail if the parties have already communicated by e-mail (§ 92.113). Deposit e-mail address: [Email].

7. Occupants and Use

The Premises will be used only as a private residence by the Tenant(s) and these occupants: [Names and ages of other occupants, or “None”]. Guests may not stay more than [Number] consecutive nights without the Landlord’s written consent.

The number of adults may not exceed three times the number of bedrooms (§ 92.010).

The Tenant may not sublet, assign this Lease, or list the Premises for short-term rental without the Landlord’s prior written consent.

8. Utilities and Services

Paid by the Landlord: ☐ Water ☐ Wastewater ☐ Trash ☐ Gas ☐ Electricity ☐ Internet ☐ Other: [Description]
Paid by the Tenant: all other utilities. The Tenant will place Tenant-paid utilities in the Tenant’s name by the start date and keep them connected until the Tenant moves out.

If water or wastewater is submetered or allocated, the method and charges are stated in the attached addendum.

9. Repairs and Maintenance

The Landlord will make a diligent effort to repair or remedy any condition that materially affects the physical health or safety of an ordinary tenant after receiving notice of it, unless the Tenant, an occupant or a guest caused the condition other than by normal wear and tear (§ 92.052).

All requests for repairs must be made in writing and delivered to the Landlord at the address in Section 1 [or through the online portal: [URL]], except in an emergency, which may be reported to the emergency number in Section 16.

The Tenant will keep the Premises clean and sanitary, replace light bulbs [and HVAC filters every [Number] months], and promptly report water leaks, mold, electrical problems and pest infestations.

[Optional; keep in bold if used:] The Tenant will pay for repair of: (a) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the Premises; (b) damage to doors, windows or screens; and (c) damage from windows or doors left open, except where caused by the Landlord’s negligence. (§ 92.006(f).)

10. Notice of Tenant’s Repair Remedies

If the Landlord fails to repair a condition that materially affects the physical health or safety of an ordinary tenant as required by this Lease or the Property Code, the Tenant may be entitled to exercise remedies under §§ 92.056 and 92.0561 of the Texas Property Code. If the Tenant follows the procedures under those sections, the following remedies may be available to the Tenant: (1) terminate the Lease and obtain a pro rata refund of rent and a refund of the security deposit according to law; (2) have the condition repaired or remedied and deduct the cost from rent, subject to the limits of § 92.0561; and (3) obtain judicial remedies under § 92.0563. Do not exercise these remedies without first reading the procedures in those sections; the Tenant must be current on rent when notice is given, and the Landlord generally must receive written or tracked notice and a reasonable time to repair (presumed to be seven days).

11. Security Devices and Rekeying

The Landlord has equipped the Premises with the security devices required by Subchapter D of Chapter 92: a window latch on each exterior window, a keyed dead bolt or doorknob lock and a keyless bolting device and door viewer on each exterior door, and a pin lock and a handle latch or security bar on each exterior sliding glass door (§ 92.153).

The Landlord will rekey the locks at the Landlord’s expense no later than the seventh day after the previous tenant moved out (§ 92.156). The Tenant may ask for additional rekeying at the Tenant’s expense at any time.

If the Tenant moves out in breach of this Lease, the Landlord may deduct from the security deposit the reasonable cost of rekeying the security devices.

Requests to install, repair, change or rekey a security device must be made in writing.

12. Smoke Alarms

The Landlord has tested the smoke alarms and confirms they are in good working order at the start of the Tenant’s possession (§ 92.258). The Tenant will notify the Landlord of any malfunction; after that, the Landlord will inspect and repair within a reasonable time. The Landlord is not required to replace batteries after move-in.

The Tenant must not disconnect or intentionally damage a smoke alarm or remove the battery without immediately replacing it with a working battery. The Tenant may be subject to damages, civil penalties and attorney’s fees under § 92.2611 of the Texas Property Code for not complying with this notice.

13. Landlord’s Entry

The Landlord may enter the Premises at reasonable times to inspect, make repairs, or show the Premises to prospective tenants, buyers or lenders, after giving the Tenant at least [24] hours’ notice by [text / e-mail / written notice]. In an emergency, or if the Tenant has requested the repair, the Landlord may enter without advance notice. The Landlord will leave written notice of any entry made while the Tenant is absent.

14. Pets, Smoking, Parking and Rules

Pets: ☐ No pets. ☐ Pets allowed as stated in the attached Pet Addendum (type, number, deposit of $[Amount] and/or monthly pet rent of $[Amount]). Assistance animals are not pets and are handled under fair-housing law.

Smoking and vaping: ☐ Prohibited everywhere on the Premises. ☐ Allowed only in: [Area].

PARKING RULES. If the Premises are in a multiunit complex, the Landlord’s vehicle towing and parking rules, if any, are set out in the attached Parking Rules addendum, which the Tenant received and signed before signing this Lease (§ 92.0131). Changes during the term bind the Tenant only after written notice.

House rules, if any, are attached. A new rule or policy that is not in this Lease and affects the Tenant’s personal property kept outside the dwelling, such as a vehicle, takes effect only after prior written notice to the Tenant (§ 92.013).

Firearms: Nothing in this Lease prohibits the Tenant, an occupant or a guest from lawfully possessing, carrying or storing a firearm or ammunition in the Premises or in a vehicle on the property (§ 92.026).

15. Tenant’s Insurance

The Landlord’s insurance does not cover the Tenant’s personal property. ☐ The Tenant is required ☐ encouraged to carry renter’s insurance with at least $[Amount] in liability coverage. Most renter’s policies do not cover flood losses.

16. Emergency Contact and Ownership Disclosure

Emergency phone number for conditions that materially affect health or safety: [Number] [answered 24 hours a day if there is an on-site management office] (§ 92.020).

Owner of record (per county deed records): [Name], [Street or P.O. Box Address].
Off-site management company, if any: [Name], [Street Address]. (§ 92.201.)

17. Floodplain and Flooding Disclosure

Floodplain notice. 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.

Flooding notice. Landlord ☐ is or ☐ is not aware that the dwelling you are renting has flooded at least once within the last five years.

(§ 92.0135. Required for every lease of 30 days or more; both parties sign this Lease to confirm the notices were given and received.)

18. Lead-Based Paint (Housing Built Before 1978)

☐ The Premises were built in 1978 or later.
☐ The Premises were built before 1978. The Landlord has given the Tenant the EPA pamphlet Protect Your Family From Lead in Your Home and the attached Lead-Based Paint Disclosure, which both parties have signed (42 U.S.C. § 4852d; 40 C.F.R. Part 745).

19. Early Termination

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

Tenants may have special statutory rights to terminate the lease early in certain situations involving certain sexual offenses or stalking.

These rights are set out in §§ 92.016, 92.0161 and 92.017 of the Texas Property Code. If the sole Tenant dies, a representative of the Tenant’s estate may end this Lease as provided in § 92.0162.

Other early termination: ☐ Not permitted except as required by law. ☐ Permitted on [Number] days’ written notice and payment of a reletting fee of $[Amount]. The Landlord will make reasonable efforts to re-rent the Premises and credit rent received from a new tenant against amounts the Tenant owes (§ 91.006).

20. Default, Notice to Vacate and Lockouts

If the Tenant fails to pay rent when due or materially breaches this Lease, the Landlord may end the Tenant’s right of possession by giving written notice to vacate at least [three] days before filing an eviction suit (§ 24.005). If the only default is non-payment and the Tenant was not late in any earlier month, the notice will be a notice to pay rent or vacate.

The Tenant agrees that notices to vacate and other notices under this Lease may be delivered by e-mail to the address in Section 1: ☐ Yes ☐ No. Otherwise they will be delivered by mail, by delivery to the inside of the Premises in a conspicuous place, or by hand to a Tenant 16 years of age or older.

☐ [Optional] The Landlord may change the door locks of the Premises if the Tenant is delinquent in paying rent, only in compliance with § 92.0081, including advance written notice and delivery of a new key at any hour whether or not rent is paid.

The Landlord will not interrupt utilities, remove doors or windows, or remove the Tenant’s property except as the Property Code allows, and will not retaliate against the Tenant for exercising a legal right, requesting repairs or complaining to a government agency (§ 92.331).

21. General Terms

Copy of Lease: the Landlord will give at least one Tenant a complete copy of this signed Lease within three business days after it is signed (§ 92.024).

Governing law: Texas. If any provision is unenforceable, the rest of this Lease remains in effect. No provision of this Lease waives a right the Property Code makes non-waivable (§ 92.006), including the Tenant’s right to a jury trial.

Attorney’s fees: in any legal action to enforce this Lease, the prevailing party may recover reasonable attorney’s fees and court costs.

Entire agreement: this Lease and its addenda are the entire agreement. Changes must be in writing and signed by the Landlord and the Tenant.

22. Addenda

☐ Pet Addendum ☐ Parking and Towing Rules ☐ House Rules ☐ Lead-Based Paint Disclosure ☐ Move-In/Move-Out Condition Form ☐ Utility Submetering Addendum ☐ Guaranty ☐ Other: [Description]

Signatures

By signing, each party confirms receipt of the notices in Sections 10, 17, 18 and 19.

Landlord or Agent: _________________________ Date: __________
Printed Name and Title: _____________________________

Tenant: _________________________ Date: __________
Printed Name: _____________________________

Tenant: _________________________ Date: __________
Printed Name: _____________________________

Guarantor (if any): _________________________ Date: __________
Printed Name: _____________________________