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Texas law requires specific provisions in rental agreements that defends both property owner and renter. While Texas does not impose a statutory cap on security deposits, landlords must return deposits within 30 days. A 2-day grace period is required before late fees can be assessed. Texas requires 6 specific disclosures in lease agreements.
Texas Lease Requirements
Security Deposit LimitNo statutory limit
Deposit Return Deadline30 days
Deposit Interest Required Not required
Late Fee CapNo statutory cap, but late fee must be reasonable and must be expressly written in the lease agreement; a late fee is presumed reasonable if it does not exceed 12% of monthly rent for properties with 4 or fewer units or 10% for larger properties
Grace Period2 days
Landlord Notice (Month-to-Month)30 days
Tenant Notice (Month-to-Month)30 days
Entry NoticeTexas has no specific statute mandating advance notice before landlord entry; reasonable notice is implied by common law practice
Required Disclosures Lead-based paint disclosure (federal requirement for pre-1978 housing); Landlord's name and address (or authorized agent's) for service of process; Smoke detector notice - tenant must be informed of smoke detector requirements; Late fee policy must be stated in the written lease; Move-out conditions - landlord must provide written description of expected move-out conditions or refer to applicable law; Flooding disclosure - landlord must disclose if dwelling has flooded at least once in the last 5 years
What to Include in a Texas Residential Lease Agreement
Every Residential Lease Agreement in Texas should include the following essential provisions: identification of the lessor and lessee, a complete description of the rental property, the lease term and rent amount, security deposit terms including the amount and return deadline (30 days in Texas), late fee policies that comply with state limits, utility responsibilities, rules regarding pets, smoking, and occupancy limits, maintenance and repair obligations, right of entry provisions, termination and renewal terms, and all state-required disclosures.
Texas law requires landlords to disclose lead-based paint disclosure, landlord's name and address for service of process, smoke detector notice - tenant must be informed of smoke detector requirements, late fee policy must be stated in the written lease, move-out conditions - landlord must provide written description of expected move-out conditions or refer to applicable law. Landlord must make a diligent effort to repair conditions that materially affect health or safety within a reasonable time after receiving written notice.
How to Complete a Texas Residential Lease Agreement
To complete a Residential Lease Agreement in Texas, start by gathering the necessary information: full legal names and addresses of all parties, the complete property address, the agreed-upon rent amount and payment terms, and the security deposit amount. You will also need to decide on house rules such as pet policies, smoking restrictions, and quiet hours.
Our platform walks you through each section with a guided form that only shows fields required for Texas. Once you have filled in all details, you can preview the document, choose from five professional document styles, and download your completed Residential Lease Agreement as a PDF.
Frequently Asked Questions
What is the maximum security deposit in Texas?
Texas does not impose a statutory cap on security deposits. Landlords must return the deposit within 30 days after move-out, minus lawful deductions.
Can a landlord charge a late fee in Texas?
Yes, but Texas requires a 2-day grace period before a late fee can be assessed. Late fees are capped at no statutory cap, but late fee must be reasonable and must be expressly written in the lease agreement; a late fee is presumed reasonable if it does not exceed 12% of monthly rent for properties with 4 or fewer units or 10% for larger properties. Late fee terms must be clearly stated in the lease.
How much notice must a landlord give before entering a rental in Texas?
Texas requires landlords to give Texas has no specific statute mandating advance notice before landlord entry; reasonable notice is implied by common law practice before entering a rental unit for non-emergency purposes. Entry without proper notice may violate tenant rights under Texas landlord-tenant law. Emergency situations such as fire or flood allow immediate entry without advance notice.
What disclosures are required in a Texas residential lease?
Texas requires these disclosures in residential lease agreements: Lead-based paint disclosure (federal requirement for pre-1978 housing); Landlord's name and address (or authorized agent's) for service of process; Smoke detector notice - tenant must be informed of smoke detector requirements; Late fee policy must be stated in the written lease; Move-out conditions - landlord must provide written description of expected move-out conditions or refer to applicable law, and others. Missing required disclosures can expose landlords to penalties or give tenants grounds to break the lease. Our platform automatically includes all required Texas disclosures.
Does a residential lease need to be notarized in Texas?
No. Texas does not require residential leases to be notarized. A lease is binding once signed by both landlord and tenant. However, leases longer than one year may need to be witnessed or recorded depending on local requirements - check with a local attorney if your lease term exceeds 12 months.
Is a written lease agreement required in Texas?
Texas does not require written leases for all tenancies, but oral agreements are harder to enforce and provide less protection. Written leases are required for tenancies exceeding one year under the Statute of Frauds. A written Residential Lease Agreement clearly documents rent, security deposit terms, house rules, and each party's obligations - reducing disputes significantly.
Does Texas allow cities to enact rent control?
No. Texas state law (Property Code §214.902) preempts any city or county from enacting rent control ordinances. There is no rent control anywhere in Texas. Landlords may raise rent to any amount with proper notice - typically at least 30 days before the increase takes effect for month-to-month tenancies. Texas also does not cap security deposits by statute, though deposits must be returned within 30 days of move-out.
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