Overview: What a Texas lease agreement must include
A Texas residential lease agreement is a legally binding contract between a landlord and tenant. Texas Property Code § 92.001 defines a lease as any written or oral agreement for the use and occupancy of a property in exchange for rent. While oral agreements are valid, a written lease protects both parties by clearly documenting the terms, reducing disputes, and creating an audit trail.
This guide walks you through each required section so you can fill out a compliant lease — or review one before signing.
Section 1: Parties and property details
- Who: List the full legal names of the landlord (property owner) and tenant(s). Include contact information for each.
- What property: Describe the rental property in detail: street address, unit number (if applicable), city, state, and ZIP code. Include the number of bedrooms, bathrooms, and any specific features (garage, patio, appliances) to avoid confusion about what is included.
- Lease term: Specify the start and end dates. For example: "This lease begins on January 1, 2026, and ends on December 31, 2026." You may also include month-to-month renewal terms or conditions for extending the lease.
Section 2: Rent payment terms
- Rent amount: State the monthly rent in dollars. For example: "Monthly rent is $1,500, due on the 1st of each month."
- Due date: Specify the date rent is due and the payment method (check, bank transfer, credit card, etc.).
- Late fees: Texas allows late fees only if they're in a written lease and rent is still unpaid two full days after the due date. A fee is considered reasonable if it's no more than 12% of monthly rent for buildings with four or fewer units, or 10% for larger buildings. For example: "If rent is not received by the 5th, a late fee of $100 applies." [Texas Property Code § 92.019]
- Security deposit: State the amount. For example: "Security deposit is $1,500, due upon signing." Clarify that the deposit is held as security and will be returned (less deductions for damage or unpaid rent) within the required timeframe — typically 30 days in Texas. [Texas Property Code § 92.103]
- Other costs: If there are utilities, parking fees, trash service, or HOA fees, specify who pays and whether they are included in rent or billed separately.
Section 3: Tenant and landlord rights and responsibilities
- Landlord's obligations: Once a tenant who's current on rent reports a problem, Texas landlords must make a diligent effort to repair conditions that materially affect health or safety, like a leaking roof, broken plumbing, or no hot water. Damage caused by the tenant or their guests (beyond normal wear and tear) is generally excluded, and a lease can't waive these duties except in narrow cases. [Texas Property Code §§ 92.052, 92.006]
- Tenant's responsibilities: The tenant must keep the property clean and in good repair (normal wear and tear excepted), dispose of trash, and use the property only for residential purposes. If the lease requires specific maintenance (e.g., lawn care, filter changes), list it here.
- Maintenance and repairs: Clarify who is responsible for repairs — landlord, tenant, or shared. For example, the landlord typically fixes structural damage and major systems (roof, plumbing, HVAC), while tenants handle minor maintenance (light bulbs, clogged drains).
- Entry and privacy: While Texas law does not mandate a specific notice period for landlord entry, best practice is 24 hours. State in the lease: "Landlord may enter the property with 24 hours' written notice for repairs, inspections, or emergencies."
Section 4: Rules and policies
- Occupancy: Specify the number of occupants permitted and whether guests over a certain period require approval.
- Pets: State whether pets are allowed, any breed or size restrictions, and any pet deposit or monthly pet fees.
- Smoking: Declare whether smoking is allowed inside the unit, in common areas, or on the property.
- Alterations: State whether tenants may paint, install fixtures, or make other changes, and whether they need written permission.
- Noise and conduct: Require tenants to keep noise at reasonable levels and comply with all local laws and HOA rules (if applicable).
- Subletting: Specify whether tenants may sublet or assign the lease. Many landlords prohibit subletting or require written approval.
Section 5: Required Texas disclosures
- Lead-Based Paint (if built before 1978): Federal law requires disclosure of known lead hazards. Include the EPA-required disclosure form or language.
- Flood Zone Information: Every Texas residential lease must come with a written flood notice stating whether the landlord knows the property is in a 100-year floodplain and whether it has flooded in the last five years. Provide it as a separate document at or before signing. FEMA flood maps are public, so check before you lease. [Texas Property Code § 92.0135]
- Property Owner's Information: Texas Property Code § 92.201 requires that the lease include the name and address of the owner or a designated property manager.
- Tenant's Rights: Many leases include a notice of tenant rights or a reference to the Texas Apartment Association or local tenant resource organizations.
Section 6: Lease termination and renewal
- End of Lease: Specify what happens when the lease term ends — it expires, month-to-month terms begin, or automatic renewal. If renewal is automatic, state how much notice (typically 30–60 days) either party must give to prevent renewal.
- Early Termination: State whether the tenant can break the lease early and under what circumstances (military deployment, death, habitability issues). Specify any penalties (e.g., loss of security deposit, break-lease fee).
- Notice Period: Typically, either party must give 30 days' notice to end a month-to-month tenancy. For a fixed-term lease, the lease simply ends on the specified date unless renewed.
Section 7: Other important clauses
- Default and Eviction: Define what counts as a breach and whether the tenant can cure it. Before filing for eviction, the landlord must give at least three days' written notice to vacate, unless the lease says otherwise. The first time a tenant is late on rent, that notice must offer the option to pay instead of moving out. Notice can be delivered by mail, in person, by posting inside the home, or electronically if the lease allows it. [Texas Property Code § 24.005]
- Utilities: Clarify which utilities are included in rent and which the tenant must arrange (electricity, water, gas, internet).
- HOA Rules: If the property is in an HOA community, include a reference to HOA rules and make clear that the tenant must comply.
- Insurance: State whether renter's insurance is required (recommended for tenants to protect their belongings).
Section 8: Signature and effective date
Both landlord and tenant must sign and date the lease. The landlord must give the tenant a complete copy of the signed lease by the third business day after signing. Keep a copy for your records. [Texas Property Code § 92.024]
Common mistakes to avoid
- Unenforceable Terms: Do not include terms that violate Texas law — e.g., waiving a tenant's right to a habitable property, charging illegal late fees, or prohibiting reasonable entry. These terms are void and can result in legal liability. [Texas Property Code § 92.006]
- Vague language: Be specific. "Rent is due each month" is less clear than "Rent of $1,500 is due on the 1st of each month, payable to [landlord name] via [payment method]."
- Missing disclosures: Omitting required disclosures (lead paint, flood zone, owner information) can result in penalties and may give a tenant grounds to terminate the lease.
- No signed copy for tenant: Failing to give the tenant a copy of the signed lease within 3 business days violates Texas Property Code § 92.024.
Tools to help you draft a compliant lease
You can fill out a lease using a template from LawDepot, Zillow, or your state association. However, for complex situations or if you are new to landlording, consult a Texas real estate attorney — it is inexpensive and can prevent costly mistakes.
Jointly's lease agreement guide and digital lease platform help landlords and property managers draft, fill out, and e-sign leases in minutes. Guided workflows ensure nothing is missed, and templates are pre-built for Texas compliance.
Next steps
Once your lease is complete and signed by both parties:
1. Provide the tenant with a copy (within 3 business days, per Texas law).
2. Keep a copy for your records.
3. Take photos of the property condition at move-in and have the tenant sign off.
4. Collect the first month's rent and security deposit.
5. Consider keeping security deposits in a separate account. Texas doesn't require it, but it makes deposits easier to track and return on time.
Take the stress out of lease drafting
Jointly's transaction management platform can guide you through drafting a state-compliant lease and managing leases effortlessly from start to finish. Try Jointly for free today.
