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A Texas residential lease agreement is a legally binding contract between a landlord and a tenant, outlining the terms under which a tenant rents a property from the landlord. This document governs the relationship between the parties and is subject to Texas landlord-tenant laws.

Required Disclosures

Texas law mandates several disclosures that must be included in residential lease agreements:

  1. Agent/Owner Identification: Landlords must provide the name and address of the property owner and any management company responsible for the property.
  2. Copy of Lease: Tenants must receive a copy of the lease within three business days after it is signed.
  3. Lead-Based Paint Disclosure: For properties built before 1978, landlords must inform tenants about the potential presence of lead-based paint.
  4. Parking Rules Addendum: Landlords of multi-unit properties must provide written parking rules and towing policies.
  5. Special Conditions to Cancel Agreement: The lease must state that tenants have rights to terminate the lease early under specific circumstances, such as family violence or military deployment.
  6. Tenant’s Remedies: The lease must clearly outline the remedies available to tenants if the landlord fails to maintain the property adequately.
  7. 100-Year Flood Plain: If applicable, the lease must disclose whether the property is located in a 100-year floodplain.

Security Deposit Laws

  • Maximum Amount: There is no maximum limit for security deposits in Texas.
  • Returning: Any unused portion of the security deposit must be returned to the tenant within 30 days of the lease termination.
  • Itemized List Required: If deductions are made from the security deposit for damages beyond normal wear and tear, an itemized list of deductions must be provided to the tenant, unless the tenant owes rent.
  • Separate Bank Account: Texas law does not require security deposits to be kept in a separate bank account, but landlords must maintain accurate records.

Rent Payment Laws

  • Grace Period: There is a two-day grace period for rent payments.
  • Maximum Late Fee: Late fees are capped at 12% of the monthly rent for properties with four or fewer units, and 10% for properties with five or more units.
  • NSF Fee: Landlords may charge a penalty fee of up to $30 for a bounced check.

Landlord's Entry

Texas law does not specify the need for landlords to notify tenants before entering the premises. However, it is generally recommended to provide at least 24 hours' notice for non-emergency situations.

Breaking a Lease

  • Non-Payment of Rent: Landlords must provide a three-day notice to pay or vacate the premises before starting eviction proceedings.
  • Non-Compliance: If a tenant breaches the lease, the landlord must deliver a three-day notice to comply or vacate before filing for eviction.
  • Lockouts: Landlords cannot lock tenants out without following proper judicial processes.

Lease Termination

  • Month-to-Month Tenancy: A one-month notice must be given to terminate a month-to-month tenancy.
  • Unclaimed Property: Landlords may remove a tenant's property if it is abandoned, but Texas law does not specify a timeframe for storage or recovery.

FAQs

In Texas, landlords must provide several required disclosures in a residential lease agreement, including identification of the owner and management, a lead-based paint disclosure for properties built before 1978, a parking rules addendum for multi-unit complexes, special conditions for lease termination related to family violence or military deployment, tenant remedies for repairs, and a floodplain dwelling notice if applicable.

Texas law does not impose a maximum limit on the amount a landlord can charge for a security deposit. However, any unused portion of the security deposit must be returned to the tenant within 30 days after the lease ends, along with an itemized list of deductions if applicable.

A landlord in Texas must return a tenant’s security deposit within 30 days after the tenant has vacated the property. If the landlord withholds any portion of the deposit, they must provide an itemized list of deductions unless the tenant owes rent.

In Texas, there is a two-day grace period for rent payments. After this period, landlords can begin to charge late fees, which must be specified in the lease agreement.

Yes, a lease in Texas can include an automatic renewal clause. This clause should outline the procedure for renewal, including any necessary notifications that must be given by either party.

If a tenant fails to pay rent in Texas, the landlord must provide a three-day notice to pay or vacate the premises before initiating eviction proceedings. This notice is required by law to give the tenant an opportunity to remedy the situation.

No, lease agreements in Texas do not need to be notarized. They simply require the signatures of both the landlord and the tenant to be legally binding.

In Texas, if a landlord fails to make necessary repairs that affect a tenant’s health or safety, the tenant has several remedies. They can choose to repair the issue themselves and deduct the cost from the rent, terminate the lease, or pursue legal action against the landlord.