Rental Agreement Template for Texas

RESIDENTIAL LEASE AGREEMENT

STATE OF TEXAS

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DOCUMENT CONTROL

• Document Title: Texas Residential Lease Agreement
• Document Version: 2024.1
• Jurisdiction: State of Texas (Governed by Texas Property Code Chapter 92)
• Effective Date: [EFFECTIVE DATE]
• Property Identifier: [PROPERTY ADDRESS]

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OFFICIAL NOTICE & DISCLAIMER

LEGAL NOTICE: THIS DOCUMENT CONSTITUTES A BINDING CONTRACTUAL LEASE AGREEMENT GOVERNED BY THE LAWS OF THE STATE OF TEXAS. LANDLORD AND TENANT(S) ARE STRONGLY ADVISED TO REVIEW ALL PROVISIONS CAREFULLY. THIS TEMPLATE IS DESIGNED TO COMPLY WITH THE TEXAS PROPERTY CODE. IF ANY PARTY DOES NOT UNDERSTAND THE LEGAL OBLIGATIONS AND RIGHTS CONTAINED HEREIN, THEY SHOULD CONSULT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF TEXAS PRIOR TO EXECUTION.

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1. PARTIES AND PREMISES

1.1 Parties. This Residential Lease Agreement ("Lease") is entered into on [DATE], by and between:

• Landlord / Property Manager: [LANDLORD / PROPERTY MANAGEMENT COMPANY NAME], with a principal mailing address for official notices at:
  [LANDLORD NOTICE ADDRESS] ("Landlord").
• Tenant(s):
  1. [TENANT 1 FULL LEGAL NAME] (Primary Phone: [PHONE], Email: [EMAIL])
  2. [TENANT 2 FULL LEGAL NAME] (Primary Phone: [PHONE], Email: [EMAIL])
     (Collectively and individually referred to hereinafter as "Tenant").

1.2 Demised Premises. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the residential real property located at:
[STREET ADDRESS, UNIT #]
[CITY], Texas [ZIP CODE] ("Premises").

1.3 Authorized Occupants. The Premises shall be occupied exclusively as a private residential dwelling by the named Tenant(s) and the following minor/authorized occupants only:
[LIST ALL AUTHORIZED OCCUPANTS OR WRITE "NONE"].
No other individuals may reside on the Premises for more than [NUMBER, E.G., 7] consecutive days without prior written approval from Landlord.

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2. LEASE TERM

2.1 Initial Term. The term of this Lease shall commence on [LEASE START DATE] ("Commencement Date") and terminate on [LEASE END DATE] at 11:59 PM ("Expiration Date").

2.2 Renewal & Holdover.

• Renewal: Upon expiration, this Lease shall automatically convert to a month-to-month tenancy under identical terms unless either party provides a written notice of non-renewal at least [30 / 60] days prior to the Expiration Date.
• Holdover: If Tenant retains possession of the Premises post-expiration without Landlord’s written consent, Tenant shall pay a holdover rent rate equal to [150% / 200%] of the prevailing monthly rent, calculated daily, until possession is surrendered.

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3. RENTAL PAYMENTS, LATE FEES, AND CHARGES

3.1 Monthly Rent. Tenant agrees to pay Landlord rent in the amount of $[MONTHLY RENT AMOUNT] per month ("Base Rent"), payable strictly in advance on or before the 1st calendar day of each month ("Due Date").

3.2 Payment Logistics. Payments shall be remitted via:

• Accepted Method: [E.G., ONLINE PORTAL / ACH / CASHIER'S CHECK / ZELLE]
• Payment Address/Portal Link: [PAYMENT INSTRUCTIONS / LINK]

3.3 Grace Period & Late Fees (Tex. Prop. Code § 92.019).

• Rent is deemed late if not received by Landlord by 11:59 PM on the 3rd calendar day of the month (providing the statutory minimum 2-full-day grace period).
• If rent is not received by the 4th calendar day of the month, Tenant shall pay an Initial Late Fee of $[INITIAL LATE FEE AMOUNT], plus a Daily Late Fee of $[DAILY LATE FEE AMOUNT] for each day thereafter until rent and accrued fees are paid in full.
• Statutory Cap: Total late fees shall not exceed statutory limits under Tex. Prop. Code § 92.019 (12% of monthly rent for structures with 4 or fewer units; 10% for properties with more than 4 units).

3.4 NSF/Returned Check Fee. Tenant shall pay a penalty fee of $[NSF FEE AMOUNT, E.G., $35.00] for any payment returned or rejected by a financial institution due to insufficient funds or improper account details.

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4. SECURITY DEPOSIT

4.1 Initial Deposit. Prior to occupancy, Tenant shall deposit with Landlord the sum of $[SECURITY DEPOSIT AMOUNT] ("Security Deposit") as security for the faithful performance of all lease obligations.

4.2 Deductions and Accounting (Tex. Prop. Code § 92.103 & § 92.104).

• Return Period: Landlord shall refund the Security Deposit, less lawful deductions, within thirty (30) days after Tenant surrenders the Premises, provided Tenant provides a written forwarding address.
• Lawful Deductions: Landlord may deduct amounts reasonably necessary to cover unpaid rent, unpaid late fees, damage beyond normal wear and tear, unapproved alterations, unpaid utility charges, and reasonable costs for cleaning required to restore the Premises to move-in condition.
• Itemized Accounting: Landlord shall provide an itemized list of deductions alongside any remaining balance.

4.3 Non-Forfeiture. Tenant may NOT apply the Security Deposit to the last month’s rent or any unpaid balances during tenancy.

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5. USE, OCCUPANCY, AND CONDUCT

5.1 Residential Purpose. The Premises shall be used strictly as a single-family residential unit. No commercial activities, home businesses, or unlawful operations are permitted without Landlord's prior written consent.

5.2 Prohibited Activities. Tenant shall not engage in, or permit guests to engage in:

• Illegal drug activity, offensive noise levels, or public nuisances.
• Discharging firearms, fireworks, or hazardous materials on or around the Premises.

5.3 HOA & Community Rules. Tenant shall comply with all rules, covenants, and restrictions of the applicable Homeowners Association (HOA) or municipal codes. Any fines levied against Landlord due to Tenant violations shall be assessed to Tenant as Additional Rent.

5.4 Pets. No pets or animals (excluding lawful Service/Emotional Support Animals) are permitted on the Premises unless authorized by a signed Pet Addendum. Unauthorized pets shall subject Tenant to an immediate non-refundable fine of $[UNAUTHORIZED PET FINE, E.G., $500.00] per pet, plus daily fees until removed.

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6. MAINTENANCE, REPAIRS, AND ALTERATIONS

6.1 Tenant Maintenance Duties. Tenant shall maintain the Premises in a clean, sanitary, and safe condition. Tenant responsibilities include, but are not limited to:

• Replacing HVAC air filters every [30 / 60 / 90] days.
• Replacing smoke/CO detector batteries as needed.
• Keeping drains clear and preventing freezing of pipes during winter months (draining hoses, dripping faucets during sub-freezing temperatures).
• Proper disposal of trash and recycling.

6.2 Landlord Repair Obligation (Tex. Prop. Code § 92.052 & § 92.056).

• Landlord shall repair or remedy conditions that materially affect the physical health or safety of an ordinary tenant, provided Tenant is current on all rental payments and submits a formal written request.
• Notice Requirement: Tenant must notify Landlord in writing of any structural, mechanical, plumbing, electrical, or security defect. Landlord shall have a reasonable period (statutorily presumed to be seven (7) days) to initiate repairs.

6.3 Alterations. Tenant shall not make structural changes, paint, install fixtures, or modify locks without Landlord's prior written approval.

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7. STATUTORY SECURITY DEVICES & RE-KEYING

7.1 Re-Keying Requirement (Tex. Prop. Code § 92.153).

• Texas law mandates that Landlord re-key or change the security devices (deadbolts, exterior door locks) at Landlord's expense within seven (7) days after Tenant moves in.
• Landlord certifies that the Premises is or will be equipped with required statutory security devices (e.g., window latches, deadbolts on exterior doors, pin locks/charley bars on sliding glass doors, door viewers).

7.2 Security Requests. Any additional lock changes or security upgrades requested by Tenant post-move-in shall be performed by Landlord at Tenant's expense, payable upon demand.

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8. UTILITIES AND SERVICES

8.1 Responsibility Allocation. Utility and service charges for the Premises shall be allocated as follows:

8.2 Service Interruption. Landlord is not liable for temporary utility outages beyond Landlord's reasonable control. Tenant shall not cut off or disrupt utility services until final surrender of possession.

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9. RIGHT OF ENTRY AND ACCESS

9.1 Access Rights. Landlord, or authorized agents, shall have the right to enter the Premises during reasonable hours for inspectoral, maintenance, repair, pest control, or showing purposes.

9.2 Advance Notice. Landlord shall provide Tenant with at least 24 hours' notice prior to entry, except in cases of emergency (e.g., active water leaks, fire, gas leaks, extreme freeze threats) or when requested directly by Tenant.

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10. STATUTORY TENANT TERMINATION RIGHTS

Pursuant to Texas law, Tenant has special rights to terminate this Lease prematurely without penalty under specific circumstances:

• 10.1 Military Service (Tex. Prop. Code § 92.017 & SCRA): Active-duty service members deployed or reassigned for more than 90 days may terminate tenancy by delivering written notice and official orders.
• 10.2 Family Violence (Tex. Prop. Code § 92.016): Victims of family violence may terminate tenancy upon providing designated protective orders or legal documentation.
• 10.3 Sexual Offenses or Stalking (Tex. Prop. Code § 92.0161): Victims of specified sexual offenses or stalking may terminate tenancy under statutory conditions.

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11. MANDATORY FLOOD & PROPERTY DISCLOSURES

11.1 Flood Hazard Disclosure (Tex. Prop. Code § 92.0135). (Check applicable box)

• [ ] Landlord IS NOT aware that the Premises is located in a 100-year floodplain.
• [ ] Landlord IS aware that the Premises is located in a 100-year floodplain.
• [ ] Landlord IS NOT aware that the Premises has flooded in the past five (5) years.
• [ ] Landlord IS aware that the Premises has flooded in the past five (5) years.

11.2 Lead-Based Paint Disclosure. (Required for properties built prior to 1978)

• [ ] Property built prior to 1978 (Lead-Based Paint Disclosure Attachment required).
• [ ] Property built in 1978 or later.

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12. DEFAULT, REMEDIES, AND EVICTION

12.1 Events of Default. The occurrence of any of the following constitutes a material default by Tenant:

1. Failure to pay rent or any accrued charges within the timeframe specified herein.
2. Failure to comply with any material provision of this Lease or community guidelines.
3. Abandonment of the Premises for more than [7] consecutive days without notifying Landlord.

12.2 Landlord Remedies. Upon Tenant default, Landlord may:

• Issue a statutory 3-Day Notice to Vacate prior to filing an Eviction / Forcible Detainer suit in accordance with Texas Property Code Chapter 24.
• Recover all unpaid rent, legal fees, court costs, damages, re-letting expenses, and statutory penalties.

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13. SEVERABILITY AND GOVERNING LAW

13.1 Governing Law. This Lease shall be strictly construed and enforced in accordance with the laws of the State of Texas. Venue for any dispute shall lie exclusively in the Justice of the Peace Court Precinct in which the Property is situated.

13.2 Severability. If any provision of this Lease is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect.

13.3 Entire Agreement. This Lease constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or oral agreements. Modifications must be in writing and signed by both Landlord and Tenant.

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14. ATTACHMENTS & ADDENDA

(Check all that apply and attach hereto)

• [ ] Inventory & Condition Form (Move-In/Move-Out)
• [ ] Pet Addendum
• [ ] Lead-Based Paint Disclosure (Pre-1978 properties)
• [ ] HOA Rules and Regulations
• [ ] Parking / Towing Rules (Tex. Occ. Code § 2308.257)

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SIGNATURES & ACKNOWLEDGMENT BLOCK

IN WITNESS WHEREOF, the parties hereto have executed this Texas Residential Lease Agreement as of the dates indicated below.

LANDLORD / PROPERTY MANAGER

Signature: _____________________________________
Printed Name: [LANDLORD / AUTHORIZED AGENT NAME]
Title: [PROPERTY MANAGER / OWNER]
Date: __________________________________________

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TENANT 1

Signature: _____________________________________
Printed Name: [TENANT 1 FULL LEGAL NAME]
Date: __________________________________________

TENANT 2

Signature: _____________________________________
Printed Name: [TENANT 2 FULL LEGAL NAME]
Date: __________________________________________

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GUARANTOR (IF APPLICABLE)

Signature: _____________________________________
Printed Name: [GUARANTOR FULL LEGAL NAME]
Date: __________________________________________

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STEP-BY-STEP EXECUTION GUIDE

1. Information Completion: Fill in all standard bracketed fields ([ ]) across Sections 1 through 14 prior to issuing the document to the prospective Tenant. Ensure precise match of legal names and full street addresses.
2. Move-In Inventory Form Execution: Attach the Inventory and Condition Form. Texas Property Code implies that providing a condition form allows Tenant to document existing defects within a fixed timeframe (typically 48 hours to 7 days post-occupancy) to prevent wrongful deposit deductions.
3. Statutory Re-Keying Compliance: Ensure that the locks are re-keyed by a qualified locksmith or property manager within 7 calendar days of the Commencement Date, as mandated by Texas Property Code § 92.153. Record written proof of completion in the property management file.
4. Execution and Secure Distribution: All adult occupants (18+) must sign and date the signature block. Provide a fully executed copy (digital or paper) to each Tenant within 3 business days of full execution for compliance records. Keep all originals on file for minimum statutory retention requirements (3+ years post-tenancy).