Free Texas Rental Lease Agreement

Sample Texas Rental Lease Agreement


THIS RESIDENTIAL LEASE (the "Lease") dated this ___ day of ____________________,20___.



(the "Landlord")

- AND-


(the "Tenant")

(individually the "Party" and collectively the "Parties")

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

    Leased Property

  1. The Landlord agrees to rent to the Tenant the house, municipally described as ______________________, ______________________, Texas, ______________________ (the "Property"), for use as residential premises only.
  2. No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord.
  3. Term

  4. The term of the Lease commences at 12:00 noon on _____________of _____________, 20___ and ends at 12:00 noon on _____________of _____________, 20___.
  5. Rent

  6. Subject to the provisions of this Lease, the rent for the Property is $_____________ per week (the "Rent").
  7. The Tenant will pay the Rent weekly, on or before ______________ of each and every week of the term of this Lease to the Landlord at ______________________, ______________________, State of Texas, ______________________ or at such other place as the Landlord may later designate by Cash.
  8. Tenant Improvements

  9. The Tenant will obtain written permission from the Landlord before doing any of the following:
    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  10. Insurance

  11. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  12. Attorney Fees

  13. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party's attorney fees.
  14. Governing Law

  15. This Lease will be construed in accordance with and exclusively governed by the laws of the State of Texas.
  16. Severability

  17. If there is a conflict between any provision of this Lease and the applicable legislation of the State of Texas (the "Act"), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.
  18. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease.  Such other provisions remain in full force and effect.
  19. Amendment of Lease

  20. This Lease may only be amended or modified by a written document executed by the Parties.
  21. Damage to Property

  22. If the Property should be damaged other than by the Tenant's negligence or willful act or that of the Tenant's employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice.
  23. Care and Use of Property

  24. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.
  25. The Tenant will not engage in any illegal trade or activity on or about the Property.
  26. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.
  27. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant.
  28. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections.
  29. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.
  30. Rules and Regulations

  31. The Tenant will obey all rules and regulations of the Landlord regarding the Property.
  32. Address for Notice

  33. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below. After this tenancy has been terminated, the contact information of the Tenant is:
    1. Name: _______________
    2. Phone: ______________________
  34. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord's address for notice is:
    1. Name: _______________
    2. Address: ______________________, ______________________, State of Texas, ______________________

      The contact information for the Landlord is:

    3. Phone: ______________________
  35. General Provisions

  36. All monetary amounts stated or referred to in this Lease are based in the United States dollar.
  37. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord's rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord's rights in respect of any subsequent default or breach.
  38. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  39. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  40. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other's acts, omissions and liabilities pursuant to this Lease.
  41. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
  42. The Tenant will be charged an additional amount of $25.00 for each N.S.F. check or checks returned by the Tenant's financial institution.
  43. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  44. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  45. This Lease constitutes the entire agreement between the Parties.
  46. During the last 30 days of this Lease, the Landlord or the Landlord's agents will have the privilege of displaying the usual 'For Sale' or 'For Rent' or 'Vacancy' signs on the Property.
  47. Time is of the essence in this Lease.

IN WITNESS WHEREOF _______________ and _______________ have duly affixed their signatures on this _____________of _____________, 20___.

Landlord: _______________

Tenant: _______________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the _____ day of ______________________, 20____.

Tenant: _______________


Lead-Based Paint Disclosure

Property: ______________________, ______________________, Texas, ______________________
Landlord: _______________
Tenant: _______________

Landlord's Disclosure


  1. The Landlord has NO knowledge of any lead-based paint and/or lead-based paint hazards in or about the Property.
  2. The Landlord has NO records or reports relating to lead-based paint and/or lead-based paint hazards in or about the Property.
Date: ___ day of ____________________,20___

 Landlord: _______________

per: _________________________________

Tenant's Disclosure

The Tenant ACKNOWLEDGES receipt of:

  1. the information contained in the above Landlord's Disclosure including the above-mentioned reports and records; and
  2. the pamphlet Protect Your Family from Lead in Your Home (EPA-747-K-99-001) or an equivalent pamphlet that has been approved for use in the state by the Environmental Protection Agency.
Date: _____________of _____________, 20___

 Tenant: _______________

per: _________________________________

The pamphlet Protect Your Family from Lead in Your Home can be ordered in hard copy or can be printed from the website

Asbestos Disclosure

Property: ______________________, ______________________, Texas, ______________________
Landlord: _______________
Tenant: _______________

Landlord's Disclosure


  1. The Landlord has investigated and there is no asbestos in or about the Property.
  2. The Landlord has NO records or reports with respect to asbestos in or about the Property.
Date: _____________of _____________, 20___

 Landlord: _______________

per: _________________________________

Tenant's Disclosure

The Tenant ACKNOWLEDGES receipt of the information contained in the above Landlord's Disclosure including any reports and records.

Date: _____________of _____________, 20___

Tenant: _______________

per: _________________________________

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.

  • The Official Rules and Regulations

    • Landlord and Tenant General Provisions – Title 8, Chapter 91

    • Landlord and Tenant – Commercial Tenancies – Title 8, Chapter 93

    • Landlord and Tenant – Residential Tenancies – Title 8, Chapter 92

    • Uniform Condominium Act – Title 7, Chapter 82

    • Texas Civil Rights Division – Fair Housing Fact Sheet

    • Texas Fair Housing Act – Title 15, Chapter 301

Note that these official rules outline, in greater details the rental laws applicable in rental lease agreements.

Details of the Security deposit

  • Before you fill in the Texas rental lease agreement, you need to understand these about the security deposit:

    • 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.

    • However, the rental lease agreement in Texas requires that landlords prepare written descriptions or itemized lists of damages and charges.

    • The document will also stipulate the deadline for returning the security deposit to be 30 days.

  • Details on Rent, Lease, and Fees

    • According to the rental laws in the state, there is no statute for rent increase notices or returned check fees.

    • It allows charging of late fees, only to a reasonable amount

    • 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.

    • 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.

    • The landlord can recover attorney and court fees.

    • The termination of tenancy due to public indecency is immediate.

    • The rental laws prohibit subletting without prior consent.

    • The state requires a landlord to make a reasonable attempt to re-rent if the tenant vacates the dwelling unit.

    • Conditional lockouts are allowed, but utility shut-offs are not allowed.

  • Details on Notices and Entry

    • 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.

    • No statute in the Texas rental laws covers issuance of notices for date and time of move-out inspections.

    • 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.

    • No statute governs notices in the event of lease violations.

    • 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.

    • 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.

  • Details on Disclosures and other Miscellaneous Notes

    • The landlord is required by law to identify, in written form, the name, and addresses of the property owner and the property manager

    • 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.

    • 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.

    • 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.

    • The landlord requires that the tenant provides proof of domestic violence status before releasing the tenant from the lease.

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.


TX Rental Lease Agreement

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