Texas Lease Requirements Every Landlord Should Know

Texas gives landlords and tenants a lot of freedom to set their own lease terms, but the Texas Property Code requires certain clauses and notices. Leave them out and you can lose the right to charge late fees, collect rent from a tenant who leaves early, or rely on other lease terms. Here’s what to include. (This is general information, not legal advice.)

1. Bold repair-remedies notice

Under Property Code § 92.056(g), a lease must contain language in underlined or bold print telling the tenant about their remedies if the landlord fails to repair conditions that materially affect health or safety — including terminating the lease, having the repair made and deducting the cost from rent, and going to court. Our lease generator includes this language in bold.

2. Repair requests in writing

Landlords can require tenants to make non-emergency repair requests in writing, but only if the written lease says so (§ 92.052). It’s sensible: it creates a record and starts the clock on the landlord’s duty to repair.

3. Late fees

A late fee is only allowed if (§ 92.019):

• notice of the fee is in a written lease,
• the fee is reasonable, and
• any part of the rent remains unpaid two full days after the due date.

A fee of up to 12% of monthly rent (for buildings with four or fewer units) or 10% (for more than four units) is presumed reasonable.

4. Security deposit rules

The lease should state the deposit amount. By law (§§ 92.101–92.109), the landlord must refund the deposit, minus lawful deductions with a written itemized list, within 30 days after the tenant surrenders the property. Tenants must give a forwarding address in writing and can’t withhold the last month’s rent on the grounds that the deposit covers it. Normal wear and tear can’t be deducted.

5. Early termination rights statement

The lease should include a statement that tenants may have special statutory rights to terminate the lease early in certain situations involving family violence, certain sexual offences or stalking, or a military deployment or transfer (§§ 92.016, 92.0161, 92.017). If it’s missing, a tenant who leaves for one of those reasons may be released from liability for future rent.

6. Flood disclosure (separate document)

Since 2022, § 92.0135 requires landlords to tell tenants:

• whether the landlord is aware the dwelling is in a 100-year floodplain, and
• whether the landlord is aware the dwelling has flooded in the last five years.

The notice must be in a separate written document given at or before signing. If a landlord fails to give it and the tenant suffers substantial flood loss, the tenant may be able to terminate the lease.

7. Ownership and management disclosure

Tenants are entitled to know who owns and manages the property (§ 92.201). Put the owner’s name and notice address in the lease.

8. Security devices and smoke alarms

Texas requires specific security devices — such as keyed deadbolts, door viewers and window latches — and requires landlords to rekey locks within seven days after a tenant moves in (§ 92.156). Working smoke alarms are also required (Subchapter F).

9. Lead paint disclosure (pre-1978 homes)

Federal law requires a lead-based paint disclosure and the EPA pamphlet Protect Your Family From Lead in Your Home for most rentals built before 1978.

10. Copy of the lease

The landlord must give at least one tenant a complete copy of the signed lease within three business days (§ 92.024).

Other things worth including

Not legally required, but strongly recommended: a move-in condition report, rules for pets and assistance animals, utilities, parking, entry notice, renter’s insurance, and what happens at the end of the term.

Build a compliant lease in minutes

Our free Texas residential lease generator walks you through each of these items with plain-English explanations, then produces a PDF or Word document. Always check the review date and ask a Texas attorney about anything unusual.