Texas Rental Lease Agreement Templates

Texas Rental Lease Agreements are a set of legal forms to allow a property owner or manager to transfer control of their property to another party temporarily. The type of lease required will vary based on the length of the agreement and what the intended use of the property is. If you wish to sell or lease property in Texas, you will need a Real Estate Broker License.

Due to the variety of different types leases, unique clauses in each and the state and local laws that can apply to them, each lease is completely unique. As such they should be read and understood carefully before signing, although Residential Leases will typically be required to have clear and easy to understand language. Both landlord and tenant should be extremely clear about the lease and aware of any local and state laws pertaining to the lease before signing.

Form Description Types

Texas Commercial Lease Agreement

The Texas Commercial Lease Agreement is an agreement that lets a property manager or owner to lease out their property to a commercial organization for industrial or business reasons. Note that only commercial entities can use this type of lease,…Read more ›

Texas Month to Month Rental Agreement

The Texas Month to Month Lease Agreement is a special kind of residential lease designed for shorter, more fluid tenancies. In a Month to Month Lease, the agreement terminates at the end of every payment period and renews upon payment…Read more ›

Texas Rental Application

The Texas Rental Application Form is a form that most landlords will require a potential tenant to complete before signing a lease. It is a fairly standard form that allows a landlord to screen out tenants who have a history…Read more ›

Texas Sublease Agreement

The Texas Sublease Agreement is a legal document that allows a current tenant of a property (known as the sublessor) to rent out all or part of the property to another party (known as the sublessee). Typically the sublessor will…Read more ›

Texas Residential Lease Agreement

The Texas Standard One (1) Year Lease Agreement is the most basic form of a long term lease. Unlike a Month to Month Lease, this lease runs for a predetermined amount of time, at the end of which the landlord…Read more ›

Texas Rental Laws

Laws are pursuant to Texas Prop. Code Ann. 91.001 to 92.355.

Security Deposits

Most landlords will want to charge a security deposit to account for any reasonable wear and tear a property will take during a tenancy. There are no state laws limiting how much a landlord can charge for a security deposit in Texas, although cities and counties may have one. A landlord is required to return a security deposit thirty (30) days after the tenant has vacated the property. A landlord in Texas is not required to provide any information about where a deposit is being kept.

Rent

There is no rent control in Texas, and as such there is no limit to how much a landlord can charge for rent. A lease will lay out how much rent is, when it is due, what forms are acceptable and where it must be delivered. Failure to pay on time may result in a late fee. Under Texas state law, a late fee policy must be laid out in clear language in the lease. If it is not, a landlord may not charge a late fee.

Rent Increases

In a Month to Month Lease, a landlord must give the tenant thirty (30) days written notice before increasing the rent. In One Year Lease, the landlord cannot alter the rent unless a provision in the lease itself allows for a rent increase.

Withholding Rent

If a landlord has failed to make vital repairs to a dwelling, the tenant may withhold rent until it is done or pay for the repair themselves and withdraw the cost from rent. A landlord is required to spell out these rights and when they apply in the lease, under Texas state law.

Eviction

In a Month to Month Lease, eviction is reasonably simple, if not necessarily easy. Like all alterations to a Month to Month Lease, the landlord is required to serve the tenant with written notice and give the tenant thirty (30) days before it takes effect.

In a longer lease, the process for eviction is much more complicated. If a tenant has failed to pay rent or otherwise violated the lease, the landlord may serve them with an Unconditional Quit Notice, that gives them three days to move out. If the tenant has not vacated during that time, the landlord must go to a hearing at the local court and request that the tenant be served with an Eviction Notice.

Until the tenant has been served with an Eviction Notice, the landlord may not tamper with utilities, change the locks, install a deadbolt or otherwise attempt to force the tenant out of the property.

Discrimination

In Texas it is illegal to discriminate (IE deny housing, claim property is unavailable when it is, alter rent, etc.) for the following reasons:

  • race, color, national origin, sex, religion, family status, physical or mental disability
  • note that age, marital status, sexual orientation and gender identity are not covered

Landlord’s Right to Enter

There are no laws specifically governing a landlord’s right to enter, and thus they are governed by common sense and manners, usually referred to as Common Law. In this case, a landlord cannot enter in a non-emergency setting, unless they have given reasonable notice and do so at a reasonable time.