Legal form · Housing · official sources
Texas residential lease agreement
As of October 26, 2026, a Texas landlord must refund the security deposit within 30 days after the tenant moves out, once the tenant has given a forwarding address in writing.1,2
Texas requires the landlord’s written floodplain notice to appear in the lease, an addendum or a separate paper given at or before signing, and both landlord and tenant sign the document that holds it.1
The Texas Attorney General says a tenant can go to justice court without a lawyer for an order to repair a health or safety condition costing up to $10,000.2
Preview of the document
Residential Lease Agreement
State of Texas
1. Parties and property
This Residential Lease Agreement (the “Lease”) is made on Date between Landlord (the “Landlord”) and Tenant (the “Tenant”). The Landlord rents to the Tenant the home at Address (the “Property”).
2. Term
This Lease begins on Start date and ends on End date (the “Term”).
3. Rent
4. Security deposit
5. Utilities and services
6. Use of the Property
7. Pets
8. Smoking
9. Maintenance and repairs
10. Entry by the Landlord
11. Assignment and subletting
12. Moving out
13. Default
14. Notices
15. General terms
16. Signatures
Sections 3–16 unlock after purchase. Prepared with SimplePaperwork, which is not a law firm.
Texas’ rules, with sources
- State form
- Texas Business and Commerce Code Section 26.01 makes a lease of real estate for more than one year unenforceable unless it, or a memorandum of it, is written and signed.3
- If a Texas lease leaves out the statutory sentence about early termination for family violence or military deployment or transfer, a tenant who ends it over family violence is released from any delinquent rent owed on the termination date.1
- Signing
- Texas requires the landlord’s written floodplain notice to appear in the lease, an addendum or a separate paper given at or before signing, and both landlord and tenant sign the document that holds it.1
- A Texas landlord must give at least one tenant a complete copy of the lease no later than the third business day after every party has signed it.1
- The Texas Attorney General advises writing any agreed change into the lease and having both the tenant and the landlord initial it.2
- Deadlines
- Texas Property Code Section 92.103 requires the landlord to refund the security deposit on or before the 30th day after the tenant surrenders the premises.1
- A Texas landlord does not have to return the deposit or describe the deductions until the tenant provides a written forwarding address.1
- A Texas lease clause that ties the deposit refund to advance notice of move-out is effective only if it is underlined or printed in conspicuous bold.1
- When rent is paid monthly, a Texas month-to-month tenancy ends on the later of the date named in the notice or one month after the notice is given.4
- A Texas landlord and tenant may agree, in a document both sign, on a different notice period or on no notice at all.4
- The Texas Attorney General notes that many leases require 30 days’ notice of moving out as a condition of returning the deposit.2
- Where it is filed
- The Texas Attorney General says a tenant can go to justice court without a lawyer for an order to repair a health or safety condition costing up to $10,000.2
- Taxes and fees
- A Texas landlord may charge a late fee only if the written lease gives notice of it, the fee is reasonable, and rent is still unpaid two full days after the due date.1
- Texas treats a late fee as reasonable when it is no more than 12 percent of the rent in a building with four or fewer units, or 10 percent in a larger building.1
- Law
- A Texas landlord who keeps a deposit in bad faith owes $100, three times the amount wrongfully withheld and the tenant’s reasonable attorney’s fees.1
- Texas presumes bad faith when a landlord neither returns the deposit nor sends an itemized list of deductions by the 30th day after the tenant leaves.1
- A Texas tenant may not hold back the last month’s rent on the theory that the deposit covers it; doing so in bad faith costs three times the rent withheld.1
- Texas Property Code Section 92.010 caps the adults a landlord may allow in a dwelling at three times the number of bedrooms, subject to narrow exceptions.1
Questions about a Texas lease
When must a Texas landlord return the security deposit?
On or before the 30th day after the tenant surrenders the home. The clock that matters starts with a written forwarding address: until the landlord has one, the refund and the list of deductions can wait, though the tenant does not lose the deposit by failing to give it.
Deductions come with a written, itemized description, and normal wear and tear cannot be charged. A landlord who misses the 30-day mark without refunding or itemizing is presumed to act in bad faith, which costs $100 plus three times the amount withheld and attorney’s fees.1,2
How much notice ends a Texas month-to-month lease?
Either side may end it with notice. With monthly rent, the tenancy ends on the later of the date in the notice or one month after the notice is given, unless both parties signed an agreement setting another period.
Many leases also ask for 30 days’ notice before the deposit is refunded. Under Section 92.103, that condition binds the tenant only when the lease underlines it or prints it in conspicuous bold.1,2,4
What late fee can a Texas landlord charge?
Only a fee written into the lease, and only once rent has been unpaid for two full days after the due date. Up to 12 percent of the rent for the rental period counts as reasonable in a building with four units or fewer, and up to 10 percent in a bigger one.
A landlord who charges an improper late fee owes the tenant $100, three times the fee and attorney’s fees, and a lease clause waiving these rules is void.1
What gets signed with a Texas lease?
The floodplain notice, in the lease, in an addendum or on a separate sheet given at or before signing, carries both the landlord’s and the tenant’s signatures. Changes to the printed lease are written in and initialed by both sides.
Within three business days after everyone signs, the landlord gives at least one tenant a complete copy, on paper, electronically if the tenant asks, or by e-mail when the parties have been e-mailing about the lease.1,2
Which sentence should every Texas lease contain?
Section 92.016 points to this one: “Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer.” Without it, a tenant who ends the lease over family violence also walks away from rent already overdue.
A lease for more than one year has to be in writing and signed to be enforceable.1,3
What to have at hand
- Property address and what is included (parking, storage, appliances)
- Start date, end date or month-to-month term
- Monthly rent, due date and security deposit amount
- Rules on pets, smoking, repairs and utilities
It is not a roommate agreement between tenants, and it is not a commercial lease for a store or office.
Frequently asked questions
Can a Texas tenant use the deposit as the last month’s rent?
No. Section 92.108 bars withholding any part of the last month’s rent because of the deposit, and a tenant who does it in bad faith owes three times the rent withheld plus the landlord’s attorney’s fees.1
How many adults may live in a Texas rental?
No more than three times the number of bedrooms, unless a fair housing law requires more or an adult is staying for up to one month to escape family violence.1
Where does a Texas tenant go to get repairs ordered?
To justice court, which can order repairs of health or safety conditions costing up to $10,000; the tenant can file without a lawyer. The repair request has to follow the notice steps in Sections 92.056 and 92.0561 first.2
Where this information comes from
Texas’ rules above come from the state’s own statutes, agency pages and forms, read on the date shown. A rule that passes its review date without a new check is removed automatically.
- Texas Property Code Chapter 92, Residential Tenancies Open the official page (opens in a new tab) ↩
- Renter’s Rights (Texas Attorney General) Open the official page (opens in a new tab) ↩
- Texas Business and Commerce Code Chapter 26, Statute of Frauds Open the official page (opens in a new tab) ↩
- Texas Property Code Chapter 91, Provisions Generally Applicable to Landlords and Tenants Open the official page (opens in a new tab) ↩
Something changed? Tell us what is out of date and we will check the official page again.