Texas (TX) lease form

Texas Residential Lease Agreement

Texas residential leases are governed primarily by Texas Property Code Chapter 92, which sets baseline rights that no lease clause can waive. Landlords must provide tenants a written copy of the signed lease within three business days and cannot enforce provisions that restrict a tenant's statutory security, firearm, or emergency-contact rights. Getting the document right at signing prevents costly disputes and protects both parties under one of the more landlord-friendly but disclosure-focused frameworks in the country.

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Required disclosures

Lead-Based Paint Disclosure (pre-1978 homes)

Federal law (42 U.S.C. 4852d) requires landlords of housing built before 1978 to disclose known lead-based paint hazards, provide the EPA-approved pamphlet 'Protect Your Family From Lead in Your Home,' and include a standard warning in the lease before signing.

Written Lease Copy (Tex. Prop. Code 92.024)

The landlord must deliver a signed copy of the written lease to the tenant within three business days of execution; failure to do so can affect the landlord's ability to enforce certain lease terms.

Owner or Agent Identity (Tex. Prop. Code 92.201)

The lease or a separate written notice must state the name and address of the property owner, or the name and address of an authorized agent, so the tenant knows who to contact for repairs and legal notices.

Sex Offender Registry Notice (Tex. Prop. Code 92.013)

Landlords must provide written notice in the lease or as an addendum that the Texas Department of Public Safety maintains a sex-offender database searchable at txdps.state.tx.us, giving tenants an opportunity to search before committing.

Parking Rules and Towing Authorization (Tex. Prop. Code 92.0131)

If the property has a vehicle towing policy, the lease must include a written description of the policy or a separate addendum; towing a vehicle not authorized by the lease terms can expose the landlord to liability.

Clauses your lease should include

Include a clear written description of the leased premises, rent amount, payment due date, and lease term, because Texas Business and Commerce Code 26.01 requires leases exceeding one year to be in writing to be enforceable.
State the security deposit amount and the conditions under which deductions may be made, since Texas Property Code 92.103-92.109 governs deposit returns and the lease cannot expand the landlord's right to withhold beyond statutory grounds.
Include a smoke detector and carbon monoxide alarm clause confirming the unit has working detectors at move-in and specifying each party's duties, as required by Texas Property Code 92.252-92.263.
Include a military termination clause that mirrors Texas Property Code 92.017, allowing active-duty servicemembers to terminate a lease with 30 days notice after receiving deployment or permanent change-of-station orders.
Include a domestic violence early termination clause per Texas Property Code 92.016, which grants victims of family violence or sexual assault the right to terminate with documented notice without owing future rent.
State the landlord's duty to make repairs affecting habitability and the tenant's right to repair-and-deduct or terminate if the landlord fails to act, consistent with Texas Property Code 92.056.
Specify the notice period required for landlord entry; Texas law does not set a statutory number of hours but courts generally expect reasonable advance notice, so a defined written provision protects both parties.

Clauses to avoid in Texas

A clause prohibiting a tenant from lawfully possessing a firearm in the unit is void under Texas Property Code 92.026 and cannot be enforced regardless of lease language.
A clause waiving the landlord's duty to maintain conditions materially affecting health or safety is unenforceable under Texas Property Code 92.0563; tenants retain statutory repair rights even if they sign such a waiver.
A clause prohibiting the tenant from contacting police, emergency services, or code enforcement is void under Texas Property Code 92.015, and landlords may not fine or penalize tenants for making such contacts.
A clause that restricts or charges a fee for a tenant's installation of security devices such as door locks or window latches is prohibited under Texas Property Code 92.153-92.165, which grants tenants the right to install certain devices at their own expense.
A clause requiring tenants to waive their right to a jury trial or court proceeding for landlord-tenant disputes is against Texas public policy and unenforceable in residential lease contexts.
A clause imposing a late fee that exceeds 12 percent of one month's rent for properties with four or fewer units, or 10 percent for larger properties, violates Texas Property Code 92.019 and renders the fee unenforceable.

Drafting tips

Use a written lease even for month-to-month tenancies; oral agreements are valid under Texas law but create evidentiary problems and cannot incorporate required statutory disclosures cleanly.
Conduct and document a move-in condition checklist signed by both parties at lease commencement, which protects the landlord's right to make security deposit deductions and limits disputes at move-out.
Attach a separate written addendum for any pet, parking, or HOA rules rather than burying them in the main body, so tenants acknowledge each policy and enforcement authority is clear.
Review the lease against current Texas Property Code Chapter 92 annually, since the legislature meets biennially and security device, habitability, and fee provisions are periodically amended.

General information, not legal advice. Governing statute: Texas Property Code, Title 8, Chapter 92 (Residential Tenancies). Confirm current requirements or consult an attorney before finalizing a lease.

Texas lease FAQ

Common questions

What disclosures are required in a Texas residential lease?

Texas landlords must disclose the owner or agent's identity and contact information (Tex. Prop. Code 92.201), provide sex offender registry notice (92.013), deliver a signed copy of the lease within 3 business days (92.024), and for pre-1978 housing comply with the federal lead-based paint disclosure law.

Can a Texas landlord prohibit guns in a rental unit?

No. Texas Property Code 92.026 voids any lease clause that prohibits a tenant from lawfully possessing a firearm inside the dwelling; such a provision is unenforceable even if the tenant signs the lease.

What late fee is legal in a Texas residential lease?

Texas Property Code 92.019 caps late fees at 12 percent of one month's rent for properties with four or fewer units and 10 percent for larger properties; any higher amount is unenforceable as a matter of law.

Can a Texas tenant break a lease for domestic violence?

Yes. Texas Property Code 92.016 allows a victim of family violence or sexual assault to terminate a lease early with written documentation (such as a protective order or police report) without liability for future rent, and no lease clause can waive this right.

All state lease forms

Texas Residential Lease Agreement