Texas Lease Agreement Templates

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What’s Included in Texas Lease Forms

Lease Template Updated May 17, 2024

A residential lease agreement in Texas is a vital legal document that clearly defines rental terms, payment details, property rules, and the responsibilities of both landlords and tenants. It protects the landlord's interests while ensuring compliance with Texas laws.

Our form includes:

Parties Identification

Lease Term

Rent Payment Terms

Security Deposit

Maintenance Responsibilities

State-Specific Disclosures

State-Specific Notices

Disclosures and Addenda for Texas

These disclosures and addenda ensure compliance with state laws and protect both landlords and tenants.

Disclosure

Landlord's Name and Address <p>Landlords must disclose the name and address of the property owner and any property manager or agent responsible for managing the property. This information should be included in the lease agreement or provided in writing to the tenant.</p>
Lead Paint - Know Presence <p>Applies to units built before 1978 where the presence of lead paint has been confirmed.</p>
Lead Paint - No Know Presence <p>Applies to units where no evidence of lead paint is present or units built after 1978.</p>
Condition of the Premises <p>Texas law requires landlords to maintain rental properties in a habitable condition, addressing issues that materially affect the physical health or safety of an ordinary tenant. This includes making necessary repairs to ensure the property complies with health and safety standards</p>
Late/Returned Fees <p>Landlords intending to charge late fees must specify the amount and terms in the lease agreement. Texas law requires that late fees be reasonable, typically not exceeding 12% of the rent for properties with four or fewer units, or 10% for properties with more than four units.&nbsp;</p>
Mold Disclosure <p>Texas law does not require landlords to disclose the presence of mold. Nonetheless, maintaining the property to prevent mold growth falls under the landlord's duty to provide habitable premises.</p>
Non-Refundable Fees <p>Landlords must clearly disclose any non-refundable fees in the lease agreement to enforce them</p>
Smoking <p>Landlords are encouraged to specify smoking policies within the lease agreement, indicating whether smoking is permitted on the premises and, if so, any restrictions or designated areas.</p>
Security Deposit Disclosure <p>&nbsp;Landlords may require a security deposit from tenants, intended to cover damages beyond normal wear and tear or unpaid rent. Upon termination of the lease, landlords must return the security deposit within 30 days, along with an itemized list of any deductions made.</p>
Flood Hazard Disclosure <p>Texas law does not mandate landlords to disclose if a property is in a flood zone; however, it's considered good practice to inform tenants of potential flood risks.</p>
Radon Disclosure <p>Texas does not require radon disclosures.<br>However, if a landlord is aware of elevated radon levels, it is prudent to inform tenants to ensure transparency and safety.</p>
Bed Bugs Disclosure <p>While Texas law does not explicitly require landlords to disclose bed bug infestations, they are obligated to maintain rental properties free from pests, including bed bugs.</p>

Addenda

Pet Agreement <p>Outline rules regarding pet types, sizes, behavior, and any associated fees or deposits.</p>
Medical Marijuana <p>Texas has a limited medical marijuana program under the Compassionate Use Act, which permits the use of low-THC cannabis for specific medical conditions. However, landlords have the discretion to prohibit or allow the use of medical marijuana on their properties.</p>
Shared Utilities <p>Describe how utility charges are divided among tenants to ensure clarity on financial responsibilities.</p>
Carbon Monoxide Alarm <p>Texas law does not require the installation of carbon monoxide detectors in rental properties.</p>

Landlord’s Name and Address

Applicable to all Texas rentals.

Texas Property Code, Title 8, Chapter 92 (Residential Tenancies)  requires landlords to disclose their name and contact details in lease agreements. This ensures that tenants know whom to contact regarding lease obligations and legal matters. 

Landlord Requirements:

  • List the property owner or agent’s contact information in the lease.
  • Provide tenants with written updates if contact details change.

Lead-Based Paint Disclosure

Applicable to Texas rentals built before 1978.

Under Title X of the 1992 Residential Lead-Based Paint Hazard Reduction Act, Texas landlords must disclose lead-based paint hazards in older rental properties. Failure to comply may result in significant fines. 

Landlord Requirements:

  • Attach the lead-based paint disclosure form to the lease agreement.
  • Provide tenants with the EPA-approved lead hazard pamphlet.
  • Inform tenants of any available lead hazard inspection reports.

Condition of the Premises

Guidelines for Maintaining Rental Property Standards

The lease must document the property’s condition to protect both parties, as per Texas Property Code § 92.052. This ensures clarity on pre-existing issues and responsibilities during and after the lease.

Landlord Requirements:

  • Conduct an inspection before the lease begins.
  • Provide a move-in condition checklist signed by both parties.
  • Address necessary repairs to maintain habitability.

Explore Lease Agreements by State

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