Sample Texas Rental Lease Agreement
Texas Rental Lease Agreement Description
Which are the rental laws applicable in the state of Texas? Understanding the laws, your rights, and obligations will keep you on the right side of the law.
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The Official Rules and Regulations
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Landlord and Tenant General Provisions – Title 8, Chapter 91
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Landlord and Tenant – Commercial Tenancies – Title 8, Chapter 93
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Landlord and Tenant – Residential Tenancies – Title 8, Chapter 92
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Uniform Condominium Act – Title 7, Chapter 82
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Texas Civil Rights Division – Fair Housing Fact Sheet
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Texas Fair Housing Act – Title 15, Chapter 301
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Note that these official rules outline, in greater details the rental laws applicable in rental lease agreements.
Details of the Security deposit
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Before you fill in the Texas rental lease agreement, you need to understand these about the security deposit:
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It has no statute on the security deposit maximum, the security deposit interest, pet deposits and additional fees, setting up separate security deposit bank accounts, or record-keeping of the deposit withholdings.
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However, the rental lease agreement in Texas requires that landlords prepare written descriptions or itemized lists of damages and charges.
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The document will also stipulate the deadline for returning the security deposit to be 30 days.
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Details on Rent, Lease, and Fees
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According to the rental laws in the state, there is no statute for rent increase notices or returned check fees.
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It allows charging of late fees, only to a reasonable amount
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Texas provides no statute for whether or not the tenant can withhold rent for the landlord’s failure to provide essential services like heating and water.
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Can the tenant repair and deduct rent? Yes. However, the deduction should be more than one month’s rent or $500. However, a tenant has to issue a prior notice to the landlord.
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The landlord can recover attorney and court fees.
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The termination of tenancy due to public indecency is immediate.
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The rental laws prohibit subletting without prior consent.
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The state requires a landlord to make a reasonable attempt to re-rent if the tenant vacates the dwelling unit.
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Conditional lockouts are allowed, but utility shut-offs are not allowed.
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Details on Notices and Entry
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To terminate a yearly lease, a landlord has to issue at least one month’s notice. Also, a month’s notice is necessary for the termination of monthly leases according to the rental laws and the rental lease agreement in Texas. Regarding the latter, the tenant and the landlord can make different written agreements.
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No statute in the Texas rental laws covers issuance of notices for date and time of move-out inspections.
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In the event of nonpayment, a 3-day eviction notice should be given, to pay or to move out. The landlord can file for eviction after the notice is removed.
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No statute governs notices in the event of lease violations.
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Notice is necessary before entry through the duration of the notice is not specified. This also applies to the entry allowed with notice for any non-emergency repairs and maintenance works.
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Again, the state of Texas and the rental lease agreement you sign may not stipulate what happens to the issuance of notices of entry during a tenant’s extended absence, notice of pesticide use, or notices for emergency entry without notice.
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Details on Disclosures and other Miscellaneous Notes
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The landlord is required by law to identify, in written form, the name, and addresses of the property owner and the property manager
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The landlord can remove the personal belongings of a deceased tenant who’s abandoned the property 30 days after sending the postmarked and certified notice to the previously stated person or point of contact if no claims have been made.
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The landlord also needs to inform the tenant, in writing, of their right to repair and deduct, as well as the option to terminate the lease, in the landlord fails to repair conditions that affect the health or safety of tenants.
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The law requires that the landlord informs the tenant, in writing, that they could break the lease early in special circumstances like sexual abuse, sexual assault, or domestic violence.
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The landlord requires that the tenant provides proof of domestic violence status before releasing the tenant from the lease.
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Court-Related Matters
Texas, Small Claims Court Limit, is set at $10,000.
The laws do not allow collection agents, collection agencies, money lenders and money brokers to use the small claims court.
Business Licenses
The state does not have state-wide statutes though local cities and counties may have specific requirements and regulations.
If you’d like to get an online rental lease agreement, full up the above mentioned form.
Sample
TX Rental Lease Agreement
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