Texas Residential Lease Agreement
A landlord renting a residential property to tenants will present them with a residential lease to sign as their rental agreement. A standard residential lease agreement is a contract outlining the terms agreed to by, in this case, the “lessor” (or owner) and the “lessee” (or tenant).
This article will guide you through the rules and regulations to keep in mind regarding your Texas residential lease agreement.
Sample Texas Lease Agreement
Download our free sample Texas rental lease form
This rental lease is provided for educational and entertainment purposes only, and does not constitute legal advice. Please consult a lawyer before drafting your lease.
Guidelines for Renting Your Texas Residential Property
We strongly recommend that when you receive an application from a prospective tenant, you carefully check their credit history and current employment to verify that they will be able to pay their rent.
Rather than facing possible lawsuits or debt collectors as an individual or partnership, we recommend you form an LLC for your real estate business. This will protect your personal assets and keep them separate from the finances of your rental properties. An LLC will give your business other benefits as well, including a flexible structure that has great advantages at tax time.
Rules to Keep in Mind When Creating a Rental Lease in Texas
Owner/Agent
The lease must state the full name and official address of the person or business entity on the deed of the property.
- If you own the property through the LLC you have formed, then you would write the name of the LLC.
- Any managers and superintendents must also be named on the lease.
Security Deposits
A landlord is legally allowed to ask for any amount as a security deposit. When a tenant has moved out of your building, you must return all funds within 30 days.
Access
There’s actually no Texas law prohibiting a landlord from entering the property at any time, without notice, whether for repairs or for other non-emergency reasons. However, we do recommend you give notice whenever possible.
Lead Paint Disclosure
Landlords are required to inform their tenants of any lead-based paint in the walls or ceiling, including in the undercoatings. This is true for all housing units built before 1978.
Tenant Canceling Lease Early Under Special Circumstances
Every lease must contain the following phrasing:
“Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer.”
A tenant must still give 30 days’ notice before ending the lease early.
Repairs
Landlords must make needed repairs on the property within a reasonable time frame (generally given as seven days). If you fail to make repairs within the time frame, you must write the tenant remedies.
This must all be stated in the lease, in language that is either boldface or underlined.
Download our free sample Texas rental lease form
This rental lease is provided for educational and entertainment purposes only, and does not constitute legal advice. Please consult a lawyer before drafting your lease.