Texas Standard Residential Lease Agreement

Introduction

A Texas Standard Residential Lease Agreement is a legally binding contract between a landlord and tenant that establishes the terms and conditions for renting residential property. This document outlines the rights and responsibilities of both parties, including rent payment, security deposits, maintenance obligations, and lease duration. Under Texas Property Code Chapter 92, landlords and tenants are subject to specific statutory requirements that govern residential tenancies. ^[1]

This guide provides comprehensive information about Texas residential lease agreements, including required disclosures, security deposit laws, rent payment regulations, and tenant protections under state law.

Legal Framework

Texas residential tenancies are primarily governed by Title 8, Chapter 92 of the Texas Property Code, known as the "Residential Tenancies" chapter. ^[1] This comprehensive statute covers security deposits, landlord repair obligations, security devices, smoke alarms, utility interruptions, and numerous tenant protections.

Additionally, the Texas Fair Housing Act (Property Code Chapter 301) prohibits discrimination in housing based on race, color, national origin, religion, sex, disability, and familial status. ^[2]

Required Disclosures

Texas law requires landlords to provide seven specific disclosures to tenants:

100-Year Flood Plain Notice

Under Texas Property Code Section 92.0135, landlords must provide written notice to tenants stating whether they are aware that the dwelling is located in a 100-year floodplain as designated by FEMA (Federal Emergency Management Agency) and whether the property has flooded within the previous five years. ^[3] The notice must be included in the lease, as an addendum, or in a separate signed document.

Lead-Based Paint Disclosure

For properties constructed before 1978, federal law requires landlords to disclose any known lead-based paint hazards and provide tenants with the EPA pamphlet "Protect Your Family From Lead In Your Home." ^[4] This applies to all residential rentals regardless of the number of units.

Ownership and Management Disclosure

Under Section 92.201, landlords must disclose in writing the name and address of the property owner and any person or entity authorized to manage the property and receive notices or service of process on behalf of the owner. ^[5]

Right to Interrupt Utilities Disclosure

Under Section 92.008(h), if a landlord submeters electricity or allocates electric costs, the landlord may interrupt electric service for nonpayment only if this right is clearly stated in a written lease. ^[6] The lease must provide specific notices and protections, including requirements for advance notice before disconnection.

Special Conditions to Cancel Agreement

Under Section 92.016(f), the lease agreement must include the following statement: ^[7]

"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 Disclosure

Under Section 92.056(g), the lease must contain language in underlined or bold print that describes a tenant's rights and remedies regarding repairs that the landlord fails to make. ^[8] This includes the tenant's right to terminate the lease, repair and deduct, or seek judicial remedies.

Texas Parking Rules Addendum

Under Section 92.0131, landlords of multi-unit complexes must provide new tenants with a written disclosure detailing parking and towing policies before signing the lease. ^[9] The parking rules must be signed by the tenant, included in the lease, or in a signed attachment expressly referenced in the lease.

Security Deposit Laws

Maximum Amount

Texas law does not impose a statutory limit on the maximum amount a landlord may charge for a security deposit. Landlords are free to set security deposit amounts based on market conditions and property considerations.

Return Timeline

Under Section 92.103, landlords must return a tenant's security deposit within 30 days after the tenant surrenders the premises AND provides a written forwarding address. ^[10] If deductions are made, the landlord must provide a written description and itemized list of all deductions within this same timeframe.

Bad Faith Penalties

A landlord who fails to return the security deposit or provide an itemized list of deductions within 30 days is presumed to have acted in bad faith. ^[10] A landlord who retains a security deposit in bad faith is liable to the tenant for $100, three times the portion wrongfully withheld, and the tenant's reasonable attorney's fees.

Rent Payment Laws

Grace Period

Under Section 92.019, landlords must wait at least two full days after rent is due before charging late fees. ^[11] This two-day grace period applies only to the collection of late fees and does not affect the landlord's right to terminate the lease or take other legal action for nonpayment.

Late Fee Limits

Texas law establishes maximum late fees based on property size: ^[11]

Properties with 4 or fewer dwelling units: Maximum 12% of the monthly rent

Properties with 5 or more dwelling units: Maximum 10% of the monthly rent

NSF (bad Check) Fees

Under Section 92.0561, landlords may charge up to $30 for a dishonored check (NSF fee). ^[12]

Landlord Repair Obligations

Under Section 92.052, landlords have a duty to make diligent efforts to repair conditions that materially affect the physical health or safety of an ordinary tenant after receiving proper notice. ^[8] The tenant must:

Provide written notice to the landlord specifying the condition requiring repair

Be current on rent payments at the time notice is given

Allow a reasonable time for the landlord to complete repairs (presumed to be 7 days)

If the landlord fails to make required repairs after proper notice, tenants may terminate the lease, make the repair and deduct the cost from rent (up to one month's rent or $500, whichever is greater), or pursue judicial remedies including civil penalties and attorney's fees.

Smoke Alarm Requirements

Under Texas Property Code Section 92.251 through 92.260, landlords must install working smoke alarms in rental dwellings. ^[13] At minimum, one smoke alarm must be installed outside each separate bedroom area. The landlord must:

Install smoke alarms before the tenant takes possession

Test smoke alarms at the beginning of the tenancy

Repair or replace malfunctioning alarms upon written request from the tenant

Security Device Requirements

Under Texas Property Code Section 92.151 through 92.170, landlords must install certain security devices in rental dwellings. ^[14] Required devices include:

Window latches on all exterior windows

Keyed deadbolt locks on all exterior doors

Sliding door pin locks or security bars on all exterior sliding doors

Keyless bolting devices on at least one exterior door

Door viewers (peepholes) on exterior doors that lack windows

Eviction Process

Notice to Vacate Requirements

Under Texas Property Code Section 24.005, landlords must provide at least 3 days' written notice to vacate before filing an eviction lawsuit (forcible entry and detainer action), unless the lease specifies a shorter or longer notice period. ^[15] The notice period begins the day after the notice is delivered.

Eviction Lawsuit Procedure

After the notice period expires, landlords may file a forcible entry and detainer suit in justice court. The court will set a hearing date between 6 and 21 days after the petition is filed. If the landlord prevails, a writ of possession may be issued giving the tenant at least 24 hours to vacate before the constable enforces the removal.

Tenant Rights and Protections

Right to Terminate for Family Violence

Under Section 92.016, tenants who are victims of family violence may terminate their lease early without penalty by providing documentation (such as a protective order or medical documentation) and 30 days' written notice. ^[7]

Right to Terminate for Military Service

Under Section 92.017, servicemembers who receive permanent change of station orders or deployment orders for 90+ days may terminate their lease with 30 days' written notice and a copy of their military orders. ^[16]

Unlawful Lockout Protections

Under Section 92.0081, landlords may not lock out tenants except through judicial process or under specific circumstances (such as changing locks on delinquent tenants with proper notice). ^[17] If a landlord unlawfully locks out a tenant, the tenant may recover a civil penalty of one month's rent plus $1,000, actual damages, court costs, and attorney's fees.

Right to Summon Emergency Assistance

Under Section 92.015, landlords may not prohibit tenants from calling police or emergency services, nor may they penalize tenants for doing so. ^[18]

Fair Housing Requirements

Under the federal Fair Housing Act and the Texas Fair Housing Act (Property Code Chapter 301), it is illegal to discriminate in housing based on: ^[2]

Race (including hair texture and protective hairstyles)

Color

National origin

Religion

Sex (including sexual harassment)

Disability (physical or mental)

Familial status (families with children under 18)

The Texas Workforce Commission's Civil Rights Division enforces the Texas Fair Housing Act. Complaints must be filed within one year of the discriminatory act. ^[19]

Copy of Lease Requirement

Under Section 92.024, landlords must provide at least one complete copy of the lease to at least one tenant within three business days after all parties have signed the lease. ^[20] Additional tenants may request their own copy in writing, and the landlord must provide it within three business days of receiving the request.

How to Create a Texas Residential Lease Agreement

A comprehensive Texas residential lease agreement should include the following elements:

Step 1: Identify the parties (landlord and tenant names, contact information)

Step 2: Describe the property (complete address, unit number, included amenities)

Step 3: Specify the lease term (start date, end date, renewal provisions)

Step 4: State rent terms (amount, due date, payment methods, late fees)

Step 5: Document the security deposit amount and return conditions

Step 6: Include all required Texas disclosures (flood plain, lead paint, etc.)

Step 7: Add tenant's remedies language in bold or underlined print

Step 8: Include the special conditions cancellation language (family violence/military)

Step 9: Specify rules regarding pets, smoking, guests, and property use

Step 10: Have all parties sign and date the agreement; provide copies within 3 business days

Disclaimer

This document is provided for informational purposes only and does not constitute legal advice. Laws and regulations may change, and the applicability of this information to specific situations may vary. Landlords and tenants should consult with a licensed attorney in Texas for advice regarding their specific circumstances. For the most current version of Texas statutes, visit the Texas Legislature Online website.

Resources and Citations

The following authoritative sources were used in preparing this document:

**[1] **Texas Property Code Chapter 92 - Residential Tenancies

**[2] **Texas Property Code Chapter 301 - Texas Fair Housing Act

**[3] **Texas Property Code Section 92.0135 - Flood Plain Notice Requirements

**[4] **EPA Lead-Based Paint Disclosure Requirements

**[5] **Texas Property Code Section 92.201 - Disclosure of Ownership and Management

**[6] **Texas Property Code Section 92.008 - Interruption of Utilities

**[7] **Texas Property Code Section 92.016 - Right to Vacate Following Family Violence

**[8] **Texas Property Code Section 92.056 - Landlord Repair Obligations and Tenant Remedies

**[9] **Texas Property Code Section 92.0131 - Parking Rules Disclosure

**[10] **Texas Property Code Section 92.103 - Security Deposit Return Obligations

**[11] **Texas Property Code Section 92.019 - Late Payment of Rent; Fees

**[12] **Texas Property Code Section 92.0561 - NSF Check Fees

**[13] **Texas Property Code Section 92.251-92.260 - Smoke Alarm Requirements

**[14] **Texas Property Code Section 92.151-92.170 - Security Device Requirements

**[15] **Texas Property Code Section 24.005 - Notice to Vacate Prior to Eviction

**[16] **Texas Property Code Section 92.017 - Right to Vacate for Military Service

**[17] **Texas Property Code Section 92.0081 - Removal of Property and Lockout Prohibitions

**[18] **Texas Property Code Section 92.015 - Right to Summon Emergency Assistance

**[19] **Texas Workforce Commission - Fair Housing Division

**[20] **Texas Property Code Section 92.024 - Copy of Lease Requirement