Texas Lease Agreement
Texas Lease Agreement forms are used by Texas landlords and Texas property management companies when leasing residential property in Texas. The Texas Lease Agreement is a legal document which can be used in a court of law if there is a breach in contract by either party, so it is important to make sure your Texas Lease Agreement complies with all the Landlord Tenant laws in Texas.
About Texas Lease Agreement - What should it include?
The Texas Lease Agreement – also known as the Texas Residential Lease or Texas Rental Agreement – is one of the most important forms you will ever use in property management. The Texas Lease Contract must include the address of the rental property, names of the tenants who will be living there, how much rent they will be paying, and the duration of the lease agreement. It should also include details regarding the security deposit, remedies for damages or late payments, and other terms and conditions that will govern the lease agreement.
- Address of the Rental Property - Full legal address and unit description.
- Tenant and Landlord Names - Full legal names of all involved parties.
- Rent Details - Amount, due date, payment method, and late fee policies.
- Lease Duration - Start and end dates, renewal terms, and termination clauses.
- Security Deposit Information - Amount, refund policy, and conditions for deductions.
- Other Terms and Conditions - Rules regarding pets, maintenance responsibilities, and occupancy limits.
Texas Lease Agreement - What are the specific rental laws?
If this is your first time using the Texas Lease Agreement, you may want to check out the Texas Young Lawyers Association to learn more about Texas tenant rights, laws and protections. Federal law requires the Texas Lease Agreement to include a disclosure for lead paint if the property was built before 1978. Most states also require the Landlord to disclose the existence of mold or hazardous materials on the premises. Each state has different laws, and Texas has some very specific rules regarding security deposits, rent withholding, lease termination, and disclosures. You can read Texas Landlord and Tenant Laws to become familiar with the most important factors that must be incorporated onto the Texas Lease Agreement form. You may also want to read Title 8, Chapter 91-92 – Texas Property Code to learn more about the specific laws that may affect you.
Texas Lease Agreement - What else should I know?
The Texas Rental Application form can be used to screen prospective tenants before filling out the Texas Lease Agreement. Also the Texas Rental Credit Check form can be used to get authorization from the tenant to conduct a credit check. If you need help with selecting the right tenants, SimplifyEm’s tenant screening solution makes it easy for Texas landlords and property managers to get leasing recommendations, credit reports, and criminal history for each tenant.
Key Terms & Provisions
A Texas Lease Agreement should clearly outline the key terms and provisions that govern the rental arrangement. These terms help establish expectations for both landlords and tenants, ensuring compliance with Texas landlord-tenant laws while minimizing potential disputes. Below are the essential sections that should be included:
- Rent Amount and Payment Schedule – Define the agreed-upon rent, due dates, accepted payment methods, and any applicable late fees.
- Security Deposit Details – Specify the maximum allowable deposit, refund conditions, and legal requirements for handling security deposits under Texas Landlord Tenant law.
- Maintenance and Repairs – Outline responsibilities for property upkeep, repair request procedures, and landlord obligations for habitability.
- Rules and Regulations – Cover important policies such as occupancy limits, pet restrictions, noise rules, and other tenant obligations.
Why Texas Landlords & Property Managers Choose SimplifyEm Lease Agreement Template?
We understand the challenges of managing rental properties in Texas. Our Texas Lease Agreement template is designed to simplify the process while ensuring compliance with state laws. Here’s why landlords and property managers trust our lease agreement :
- Legally Compliant– Our template is updated to reflect Texas’s latest landlord-tenant laws, helping you avoid legal pitfalls.
- Comprehensive & Customizable – Covers essential terms like rent, security deposits, maintenance responsibilities, and eviction policies, while allowing you to tailor it to your specific needs.
- Time-Saving & Easy to Use – No need to draft a lease from scratch—our ready-to-use format makes it quick and hassle-free.
- Protects Both Landlords & Tenants – Clear terms help prevent disputes and ensure a smooth rental experience for both parties.
- Trusted by Property Owners Nationwide – Backed by SimplifyEm, a leading name in property management solutions.
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Frequently Asked Questions - FAQs
What is a Texas lease agreement?
A Texas lease agreement is a legally binding contract between a landlord and tenant that outlines the rental terms, including rent amount, lease duration, tenant responsibilities, and landlord obligations. It must comply with Texas Property Code to be enforceable.
What are the typical types of Texas lease agreements?
The most common types of Texas lease agreements include:
- Fixed-Term Lease: A rental contract for a specific period (e.g., 12 months).
- Month-to-Month Rental Agreement: A short-term lease that automatically renews each month.
- Sublease Agreement: A lease where the original tenant rents out the property to another tenant.
- Commercial Lease: A contract for leasing commercial properties, such as office spaces or storefronts.
What information must be included in a Texas lease agreement?
A comprehensive Texas lease agreement should include:
- Property Address: Full legal address and unit details.
- Tenant and Landlord Names: Legal names of all involved parties.
- Rent Details: Monthly rent amount, due date, payment methods, and late fee policies.
- Lease Term: Start and end dates, plus renewal and termination conditions.
- Security Deposit Terms: Deposit amount, refund policy, and deductions.
- Texas-Specific Disclosures: Such as lead-based paint disclosures (for properties built before 1978) and any other disclosures required by law.
What is the difference between a lease and a rental agreement?
The main difference is the duration and flexibility:
- Lease Agreement: Typically for a fixed term (e.g., 12 months), with rent fixed for the entire term.
- Rental Agreement: Usually month-to-month, with terms that can be adjusted with proper notice.
Can a landlord change the rent during a lease term?
No, under Texas law, landlords cannot increase rent during a fixed-term lease unless explicitly allowed in the lease agreement. For month-to-month agreements, landlords must provide at least 30 days’ written notice before increasing rent (Texas Property Code § 91.001).
What happens if the tenant breaks the lease?
If a tenant breaks the lease:
- Financial Responsibility: The tenant may be liable for rent for the remainder of the lease or an early termination fee.
- Landlord’s Duty to Mitigate: Under Texas Property Code § 91.001 and § 92.052, landlords must make reasonable efforts to find a new tenant to minimize losses.
How should a lease be renewed or terminated?
In Texas, the renewal and termination rules depend on the type of lease:
- Fixed-Term Lease:
- A fixed-term lease has a defined start and end date (e.g., 12 months).
- To continue the tenancy after the end date, landlords and tenants must either:
- Sign a new lease agreement, or
- Execute a renewal or extension addendum before the lease expires.
- If no new lease is signed and no extension is executed, the tenancy may automatically convert to a month-to-month rental under Texas law (Section 91.001, Texas Property Code), unless otherwise stated in the lease.
- Month-to-Month Lease (Periodic Tenancy):
- A month-to-month lease continues indefinitely until either party provides proper notice to terminate.
- Texas law requires:
- 30 days' written notice from either party to terminate a month-to-month lease, unless the lease specifies a longer notice period (Section 91.001, Texas Property Code).
- Notices must be given prior to the next rental payment period and must be in writing.
Can a Texas lease agreement be modified after it’s signed?
Yes, a Texas lease agreement can be modified after signing, but only if:
- Both landlord and tenant agree to the changes.
- Modifications are documented in writing as a formal addendum to the original lease.
- The addendum is signed and dated by both parties.
Pro tip for Property Managers and Landlords
Always use a customizable Texas Lease Agreement template to ensure compliance with Texas Landlord Tenant law and simplify modifications or renewals.
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