Texas Residential Lease Agreement
Texas doesn't cap the security deposit and expressly preempts municipal rent control, but the Texas Property Code imposes specific requirements on every residential lease: the flood disclosure, the smoke-alarm and rekey obligations, the 24-hour emergency phone, the statutory repair-and-remedy language in bold, and the 12%/10% tiered late-fee cap. BuildMyLease's Texas lease bakes all of these in so you don't miss any of them.
$29.00 per generated document.
What a Texas lease must include
Standard lease elements
- Parties and the Texas county + street address of the rental.
- Lease term — fixed end date or a month-to-month tenancy.
- Monthly rent amount, due date, and accepted payment methods.
- Security deposit amount and statutory return terms.
- Utilities — which the landlord covers and which the tenant pays.
- Occupancy rules, pets, smoking, and entry procedures.
- Default, cure periods, and termination language permitted under state law.
- Signatures of all parties.
Texas-required disclosures
- Flood disclosure — written notice of whether the premises are in a 100-year floodplain or flooded in the prior 5 years, delivered before lease signing (Yes / No / Unknown). (Tex. Prop. Code § 92.0135)
- Smoke-alarm certification — landlord certifies that alarms are installed and in good working order at commencement. (Tex. Prop. Code §§ 92.255–92.2611)
- Security-device / rekey statement — landlord will rekey all exterior locks within 7 days of move-in and install keyless deadbolts, door viewers, and sliding-door latches. (Tex. Prop. Code §§ 92.151–92.170)
- Emergency water-cutoff notice — written notice of the cutoff location (or instructions) at or before move-in. (Tex. Prop. Code § 92.0131)
- Owner and authorized-manager disclosure — name and address of the record owner and, if different, the person authorized to receive notices. (Tex. Prop. Code §§ 92.201–92.205)
- Statutory repair-and-remedy language in conspicuous bold or underlined type. (Tex. Prop. Code § 92.056(g))
- Federal lead-paint disclosure and EPA pamphlet for any unit built before 1978. (42 U.S.C. § 4852d; 24 C.F.R. Part 35)
Texas-specific workflow
- No statutory cap on the security deposit — landlord and tenant negotiate the amount. Tex. Prop. Code § 92.103.
- Return the deposit (less lawful deductions) within 30 days after the tenant surrenders AND provides a written forwarding address. The 30-day clock does not start until both conditions are met. § 92.107.
- Bad-faith deposit withholding carries treble damages plus attorneys' fees. § 92.108.
- Late fees: no earlier than 2 full days past due; capped at 12% of monthly rent for properties with 4 or fewer units, 10% for 5+ units. § 92.019.
- Rekey all exterior locks within 7 days of each move-in.
- Landlord repair duty triggers the statutory repair-and-remedy procedure in § 92.056 when a condition materially affects health or safety.
- Texas expressly preempts municipal rent control. Tex. Loc. Gov't Code § 214.902.
- No statewide entry-notice minimum — the lease governs. A 24-hour-notice clause is recommended.
How a Texas lease is structured
- The document opens with parties, county, and the rental-property address, including a unit count that drives the late-fee cap tier.
- The term section identifies the arrangement as fixed-term with an end date or as month-to-month.
- The rent section sets the monthly amount, due date, accepted payment methods, and NSF/stop-payment handling.
- The security-deposit section records the amount, the statutory 30-day-on-forwarding-address return window, and the bad-faith 3× warning.
- Late-fee and default clauses carry the statutory caps and the three-day notice-to-vacate procedure from § 24.005.
- Smoke alarms, rekey obligations, water-cutoff notice, and the owner/manager disclosure each appear as a distinct clause.
- The statutory repair-and-remedy notice appears in bold/underlined form as required by § 92.056(g).
- Flood disclosure attaches as a distinct clause (one of three variants), followed by signatures.
BuildMyLease assembles all of this for you in a guided interview.
Free Texas lease template vs BuildMyLease
Free Texas lease templates are everywhere, but most miss at least one of the statutory disclosures or the statutory-format repair-and-remedy language. Here is the honest side-by-side.
| Free template | BuildMyLease | |
|---|---|---|
| Flood + water-cutoff + owner-manager disclosures | Frequently missing; a lease without all three is technically non-compliant under Texas Property Code. | All three included automatically with the correct statutory phrasing. |
| Statutory repair-and-remedy language in bold | Usually omitted or inline in normal text — § 92.056(g) requires conspicuous bold or underlined. | Rendered in the PDF in bold underlined type as required. |
| 12% / 10% tiered late-fee cap | Typically uses a generic "reasonable" clause. Landlords often over-charge unknowingly. | Tier is enforced at /review based on the unit count, with the exact statutory language in the clause. |
| Cost | $0. | $29 per document. |
Who this is for
This is for
- Texas landlords managing 1–10 private-market units (single-family, condo, duplex, small multifamily).
- Owners who want all mandatory Texas disclosures and the statutory repair-and-remedy clause baked in with correct formatting.
- Landlords issuing a new fixed-term lease OR a month-to-month that needs proper 30-day termination-notice language.
This isn't for
- Commercial, mobile-home, or transient (hotel/motel) leases.
- Tenancies subject to the Texas Manufactured Home Tenancies Act.
- Section 8 / voucher-subsidized tenancies with HUD-specific lease addenda.
- Active eviction or forcible-detainer proceedings — those need the justice-court forms, not a lease.
Frequently asked questions
Is a written lease required in Texas?
Not for tenancies shorter than one year, but strongly recommended. Leases longer than one year must be in writing to be enforceable under the Statute of Frauds (Tex. Bus. & Com. Code § 26.01).
Does Texas cap the security deposit?
No. Tex. Prop. Code § 92.103 leaves the amount to the parties. Market practice for residential tenancies is typically one to two months' rent.
When must a Texas landlord return the security deposit?
Within 30 days after the tenant BOTH surrenders the premises AND provides a written forwarding address. The 30-day clock does not start until both conditions are met. Tex. Prop. Code § 92.107.
What's the cap on late fees in Texas?
The fee is presumed reasonable at 12% of monthly rent for properties with 4 or fewer units, and 10% for properties with more than 4 units. No late fee may be charged until rent is at least 2 full days past due. Tex. Prop. Code § 92.019.
Does this lease include the flood disclosure?
Yes — every Texas lease must disclose whether the premises are located in a 100-year floodplain or have flooded during the prior 5 years. BuildMyLease includes one of three statutory disclosure variants (Yes / No / Unknown). Tex. Prop. Code § 92.0135.
Do I have to rekey between tenants?
Yes. Tex. Prop. Code §§ 92.151–92.170 require the landlord to rekey every key-operated exterior lock within 7 days of each new tenant's move-in, and to install and maintain the statutorily required security devices (keyless deadbolts, door viewers, sliding-door latches).
Is the statutory repair-and-remedy language really required in bold?
Yes. Tex. Prop. Code § 92.056(g) specifies that the tenant's repair-and-remedy rights must appear in the lease in conspicuous bold print or underlined type. BuildMyLease renders it accordingly in the generated PDF.
How much notice is required to end a month-to-month tenancy?
At least 30 days' written notice, per Tex. Prop. Code § 91.001. Notice may be given on any calendar day and does not need to align with the rental-period boundary.
Can a Texas city impose rent control on my property?
No. Tex. Loc. Gov't Code § 214.902 expressly prohibits Texas cities and counties from adopting rent-control ordinances.
Do I need a lawyer to create a Texas lease?
Not for a standard private-market rental covered by this tool. For manufactured-home park tenancies, federally-subsidized tenancies, or active eviction proceedings, consult a Texas-licensed attorney.