A Texas residential lease agreement is a real estate contract that authorizes a landlord to let someone else occupy a property in trade for monthly rent. The due date is usually on the first (1st) of every month during the term, and if late or not paid the tenant runs the risk of eviction.
Before signing a binding contract, the landlord is advised to view the tenant’s credit, income, background, employment, and rental history with other property owners/managers to see if he or she is qualified. Lenient lessors may only require a credit check which only takes about thirty (30) minutes, while others will want to verify with all available resources to make their decision which can take a couple of days. Usually, there is a fee associated with this verification process to make sure the tenant is truly interested in the property.
Standard Residential Lease Agreement
Texas Assoc. of Realtors Lease Agreement
Lonestar Residential Lease Agreement
Texas Apartments Assoc. Lease Agreement
Maximum Amount ($) – No statewide limit; landlords should check with municipality/county regulations to see if a local limit is imposed.
Returning – Thirty (30) days (§ 92.103). If a landlord wrongfully withholds a security deposit, they may be liable to pay a sum of $100 as well as three (3) times the security deposit and reasonable attorney’s fees (§ 92.109).
Lead-Based-Paint Disclosure – If the building or housing unit was built before 1978, the lead paint disclosure form must be signed by the tenant and attached to the agreement.
Ownership/Management Information – This disclosure informs the tenant of the name and street or post office address of the property owner and property management company (if any) (§ 92.201).
Parking Disclosure – Tenants living in a multiunit complex must receive a disclosure stating the parking rules for the property. The tenant must sign the disclosure before a lease agreement is made (§ 92.0131).
Special Conditions to Cancel Agreement – Every lease must contain the following clause, stating:
“Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer”.
The statute also requires a 30-day written notice of termination by the tenant in such an event. (§ 92.016)
Tenants have one (1) additional day to pay rent after it is due. Therefore, the landlord can only charge late fees if the rent is not paid by the third (3rd) day.
