What clauses are legally required in every Texas lease agreement?
Every Texas lease must include: parties, property description, term, rent amount, security deposit terms, maintenance responsibilities, default consequences, and signatures. Beyond that structural foundation, Texas law mandates several specific clauses — and voids others outright.
Section 92.001 of the Texas Property Code defines a lease as any written or oral agreement between a landlord and tenant that establishes or modifies the terms or conditions of a dwelling — meaning even a spoken agreement can be binding. However, a lease agreement longer than one year must be in writing. For practical and evidentiary reasons, all residential leases should be written, regardless of term length.
The following clauses are either explicitly required by statute or practically necessary for enforceability:
- Early termination rights: Texas law requires that leases outline specific instances in which the tenant may be able to break their lease early without penalty, such as active duty military service, family violence, landlord harassment, and more (§ 92.016(f)).
- Parties and property: Full legal names of all adult tenants, the landlord or management company, and the full property address (Tex. Prop. Code § 92.201).
- Parking agreements: If it is a multi-unit property, landlords must provide a copy of parking and vehicle towing rules before signing the lease (§ 92.0131).
- Tenant remedies: Leases must call out — in bold or underlined text — details outlining remedies available if a landlord fails their obligations, such as a tenant's right to repair and deduct (§ 92.056(g)).
The lease should inform tenants of their rights regarding security devices under Texas Property Code Sections 92.151–92.170, including their right to request certain devices and the landlord's obligation to repair malfunctioning security devices.
- Security devices:
Texas law also voids specific lease clauses. Texas laws about what can and cannot be in a lease focus on making sure that a landlord cannot make a tenant waive a right that is guaranteed under the law.
Clauses that waive tenant rights under the Property Code are void. "Tenant waives all repair requests" is void. "Tenant agrees to forfeit security deposit if they break lease" is void. "Landlord may enter without notice" is void.
If a landlord puts a clause in the lease waiving responsibility to repair conditions that affect health or safety, they are liable to the tenant for actual damages, one month's rent plus $2,000, and reasonable attorney's fees.
If the lease is in writing, Texas law requires a landlord to provide the tenant with a copy of the lease within 3 business days of signing (§ 92.024).
For a broader overview of what any residential lease must cover at the national level, see What Every Residential Lease Agreement Must Include.
What disclosures must Texas landlords provide before a tenant signs?
Texas landlords must deliver several specific disclosures at or before lease execution. Failing to provide even one can expose the landlord to statutory penalties, lease termination rights for the tenant, or civil liability. The required disclosures fall into three categories: ownership identity, property condition, and federal hazard notices.
Owner and agent identity:
Texas Property Code, Title 8, Chapter 92 requires landlords to disclose their name and contact details in lease agreements, ensuring that tenants know whom to contact regarding lease obligations and legal matters. Landlords must provide the property owner's name and contact information and, if applicable, the information of any property management company (§ 92.201).
Flood risk disclosure:
As of January 1, 2022, landlords must include in every residential lease, including renewals, a flood risk disclosure form or addendum that tells potential renters two things: if the unit is in a 100-year floodplain, and if the owner is aware of any flooding in the past five years. Landlords can indicate in the addendum that they are not aware that a dwelling is located in a 100-year floodplain or that they are not aware that the dwelling has flooded at least once within the last five years. Section 92.0135 of the Texas Property Code states that if the landlord fails to provide the required notice and a tenant suffers a substantial loss or damage to their personal property, then the tenant may terminate the lease by giving written notice within 30 days of the damage.
Lead-based paint disclosure:
Under Title X of the 1992 Residential Lead-Based Paint Hazard Reduction Act, Texas landlords must disclose lead-based paint hazards in rental properties built before 1978. They must attach the lead-based paint disclosure form to the lease agreement and provide tenants with the EPA-approved lead hazard pamphlet.
Mold:
Texas does not have a specific statute requiring landlords to disclose the presence of mold to prospective tenants. However, the Texas Deceptive Trade Practices Act (DTPA) requires landlords to disclose known material defects that could influence a tenant's decision to rent (Tex. Bus. & Com. Code § 17.46). Omitting known mold creates significant civil exposure.
The following summarizes disclosure requirements by type:
| Disclosure | Governing Authority | Required For | |
|---|---|---|---|
| Owner/Agent Identity | Tex. Prop. Code § 92.201 | All residential leases | |
| Flood Risk Notice | Tex. Prop. Code § 92.0135 | All residential leases (since Jan. 1, 2022) | |
| Lead-Based Paint | Title X, 42 U.S.C. § 4852d | Properties built before 1978 | |
| Parking/Towing Rules | Tex. Prop. Code § 92.0131 | Multi-unit properties | |
| Tenant Remedies (bold/underline) | Tex. Prop. Code § 92.056(g) | All residential leases | |
| Early Termination Rights | Tex. Prop. Code § 92.016(f) | All residential leases |
Landlords should also conduct an inspection before the lease begins and provide a move-in condition checklist signed by both parties. While not legally mandated, the lease must document the property's condition to protect both parties, as per Texas Property Code § 92.052.
What are the Texas rules for security deposits — caps, returns, and deductions?
Texas imposes no cap on security deposit amounts, but it enforces strict procedural rules on how and when deposits must be returned. Missing the 30-day return deadline triggers a presumption of bad faith and exposes landlords to triple damages, a $100 penalty, and attorney's fees.
No deposit cap:
Texas law doesn't cap security deposit amounts. Landlords typically set the deposit amount based on factors like the property's value, average rental rate, and their assessment of tenant risk. Unlike California (capped at 2–3 months) or New York (capped at 1 month), Texas allows landlords to charge 6 months, 12 months, or any amount negotiated with tenants.
Return timeline and forwarding address:
Texas law requires landlords to return a tenant's security deposit, minus any lawful deductions, within 30 calendar days after the tenant moves out (Texas Property Code § 92.103(a)). The landlord is not obligated to return the deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address (§ 92.107). Build a forwarding address request directly into the lease's move-out procedures.
Itemized deductions:
If a landlord deducts any part of a tenant's security deposit, they must provide an itemized list of deductions with descriptions of each charge within 30 calendar days after the tenant moves out (Texas Property Code § 92.104(a)).
Permissible deductions include:
- Unpaid rent and lease-break fees
- Damage beyond normal wear and tear (broken fixtures, holes in walls, pet damage)
- Cleaning costs attributable to tenant negligence
- Any other charges for which the tenant is legally liable under the lease (§ 92.104)
Normal wear and tear is the expected deterioration that occurs from ordinary use over time. Tenants have no obligation to pay for this type of wear, and attempting to charge for it violates state law.
Penalties for non-compliance:
Courts may presume bad faith if a landlord doesn't return the security deposit or supply an itemized list of deductions within 30 days after the tenant leaves the property. In that event, the landlord could owe $100, three times the amount wrongfully withheld, and the tenant's reasonable attorney fees (Texas Property Code § 92.109(a)).
Storage requirements:
Texas landlords don't have to put a tenant's security deposit in a separate account or disclose where they deposited the funds. Texas law also does not require landlords to put security deposits into interest-bearing accounts. However, the landlord shall keep accurate records of all security deposits (§ 92.106).
For a multi-state comparison of deposit rules, see Security Deposit Rules Every Landlord Must Know.
What late fees and grace periods does Texas law allow landlords to charge?
Under Texas Property Code § 92.019, landlords may charge late fees only if the fee is written in the lease, and only after a mandatory 2-day grace period has passed. The statute sets specific percentage caps that vary based on property size, and violations carry the same treble-damages exposure as security deposit violations.
The 2-day grace period:
Texas requires a 2-day grace period after rent is due, meaning if rent is due on the 1st at midnight, two full days — the 2nd and 3rd — must pass completely before a late fee can be charged starting on the 4th. According to § 92.019 of the Texas Property Code, a landlord can only charge a late fee if it is indicated explicitly on the lease agreement, and rent must be fully unpaid.
Percentage caps by property size:
The mandatory 2-day grace period applies to all properties. The maximum late fee is 12% of monthly rent for properties with 4 or fewer units, and 10% for properties with more than 4 units. Initial and daily fees combined must not exceed the applicable cap (Tex. Prop. Code § 92.019).
| Property Size | Maximum Late Fee (Safe Harbor) | Grace Period | |
|---|---|---|---|
| 4 units or fewer | 12% of monthly rent | 2 full days after due date | |
| 5 units or more | 10% of monthly rent | 2 full days after due date |
Texas Property Code § 92.019(a-1) creates two tiers. Properties with 4 units or fewer get the 12% safe harbor. Properties with 5 or more units drop to 10%. The statute defines "safe harbor" as an amount that "is considered reasonable and does not require a landlord to demonstrate that the fee is a reasonable estimate of damages."
Daily fee structure:
Texas Property Code § 92.019(b) explicitly states that a late fee may include an initial fee and a daily fee for each day the rent remains unpaid. The statute even gives an example structure: "an initial fee of $25 and a daily charge of $2." The total of all daily fees assessed in any given month must not exceed the applicable percentage cap.
Bounced check fees: Bounced check fees cannot exceed $20.
Penalties for over-charging:
If a landlord collects a late fee when it wasn't in the lease, or if the landlord collects a fee in excess of the statutory limits, the landlord is liable for $100 plus three times the amount charged in violation of the law, plus attorney fees.
A practical note: the Texas Property Code does not specifically mandate landlords to include grace periods longer than the statutory 2-day minimum in their leases. Landlords may choose to offer additional grace, but no additional grace period beyond the 2-day minimum is legally required.
What notice periods are required to end or not renew a Texas lease?
The required notice to end a Texas lease depends on the type of tenancy. Month-to-month agreements require 30 days' written notice from either party. Fixed-term leases expire automatically unless the lease requires otherwise. Eviction for non-payment still requires a separate 3-day notice to vacate.
Month-to-month tenancies:
In Texas, either a landlord or tenant may end a month-to-month lease voluntarily with 30 days' written notice (§ 91.001(a)–(b)). If a notice of termination is given and the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is later: the day given in the notice for termination, or one month after the day on which the notice is given.
Fixed-term leases:
For month-to-month agreements, either party must provide a 30-day notice before ending the lease. Fixed-term leases might not need advance notice, as they automatically conclude at the end of their term. However, many landlords include a 30- to 60-day notice clause in fixed-term leases to allow adequate time to re-list or re-negotiate — this is enforceable as long as it is stated clearly in the lease.
Week-to-week tenancies:
If the rent-paying period is less than a month, the tenancy terminates on whichever is the later of the day given in the notice for termination, or the day following the expiration of a period equal to the number of days in the rent-paying period.
Early termination — tenant-protected grounds: Texas law recognizes specific situations in which a tenant may terminate early without penalty: - A survivor of family violence as defined by § 71.004 of the Texas Family Code can terminate early under § 92.016 and would not be responsible for future rent, provided they give the landlord documentation of the family violence and 30 days' written notice.
- Active military service or deployment (Tex. Prop. Code § 92.017)
- Sexual assault or stalking victims (§ 92.0161)
- Landlord failure to repair a health/safety condition (§ 92.056)
- Smoke alarm violations (§ 92.260)
Eviction notice (non-payment or lease breach):
A landlord must give a tenant three days' notice (unless the lease specifies a shorter or longer time) to pay the rent or leave before filing an eviction lawsuit (Tex. Prop. Code § 24.005). This is distinct from the notice needed to end the tenancy itself.
Landlord's duty to mitigate:
Section 91.006 of the Texas Property Code describes a "landlord's duty to mitigate damages," meaning that a landlord must try to find a new tenant and help reduce the amount of rent the former tenant owes under the lease. A lease clause that waives this duty is void under Texas law.
What happens if a Texas lease is missing required language or disclosures?
A Texas lease missing required language is not automatically void, but specific omissions trigger specific penalties — many of which are disproportionately severe. Courts also void individual prohibited clauses while leaving the rest of the lease intact, which can work against a landlord who relied on an unenforceable provision.
Clause-specific penalties:
If a landlord collects a late fee that was not written into the lease, or a fee in excess of the statutory limits, the landlord is liable for $100 plus three times the excess amount charged, plus attorney fees.
- Missing or improper late fee clause:
Courts may presume bad faith if a landlord fails to return the deposit or provide an itemized list of deductions within 30 days. This triggers liability for $100, three times the amount wrongfully withheld, and the tenant's reasonable attorney fees (§ 92.109(a)).
- Missing security deposit procedures:
Section 92.0135 of the Texas Property Code states that if the landlord fails to provide the required flood notice and a tenant suffers a substantial loss or damage to their personal property, then the tenant may terminate the lease.
- Missing flood disclosure:
If a landlord puts a clause in the lease waiving responsibility to repair conditions that affect a tenant's health or safety, they are liable to the tenant for actual damages, one month's rent plus $2,000, and reasonable attorney's fees.
- Improperly waiving repair obligations:
- Missing tenant remedy language (§ 92.056(g)): The bold or underlined disclosure of repair-and-deduct rights must appear in the lease. Its omission does not eliminate the right itself — but it eliminates a landlord's ability to argue the tenant was uninformed.
Prohibited clauses are severed, not voided:
Rights granted by law operate regardless of what the rental agreement says. A lease provision that tries to waive legal rights is unenforceable in most cases. Courts sever the offending clause and enforce the rest of the lease — leaving landlords exposed on the specific point they tried to disclaim.
The cost of getting it wrong:
The math is stark: $200–$400 for a Fort Worth attorney to review a completed lease versus $4,500+ in triple security deposit damages when a landlord misses a required disclosure.
Landlords using generic national templates face particular risk. Lease agreements should be drafted or reviewed by a Texas real estate attorney, as generic national templates often miss Texas-specific requirements.
One area where Texas differs substantially from peer states: there is no rent control and no additional city-level rent disclosure requirement — but the flood and ownership-identity disclosures are state-wide and non-negotiable. If you manage properties in multiple states, the requirements differ significantly. For comparison, see What Are the Requirements for a Florida Lease Agreement in 2026?.
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Does Texas law require a written lease agreement?
Texas Property Code § 92.001 defines a lease as any written or oral agreement between a landlord and tenant that establishes or modifies the terms or conditions of occupancy — meaning a spoken agreement can be legally binding. However, a lease agreement for longer than one year must be in writing. For all leases, written agreements are strongly recommended because they provide clear evidence of the parties' intent and allow landlords to enforce specific provisions — including late fees and early termination penalties — that are unenforceable without written documentation. If the lease is in writing, Texas law requires the landlord to provide the tenant with a copy within 3 business days of signing (§ 92.024). Oral leases expose landlords to substantial evidentiary risk in disputes over unpaid rent, security deposit deductions, and notice periods. As a practical matter, any tenancy — regardless of duration — should be documented in writing.
Is there a maximum security deposit amount in Texas?
Texas Property Code § 92.102 defines security deposits but places no limit on the amount landlords can charge.
What is the Texas late fee limit in 2026?
Texas mandates a 2-day grace period after rent is due before any late fee can be charged. The maximum late fee is 12% of monthly rent for properties with 4 or fewer units, and 10% for properties with 5 or more units. Initial and daily fees combined must not exceed the applicable cap (Tex. Prop. Code § 92.019). The statute creates a "safe harbor" — fees at or below those percentages are presumed reasonable and need not be justified in court. The fee structure may include an initial fee and a daily fee for each day the rent remains unpaid. Late fees must be expressly stated in the written lease to be collectible at all. Collecting a late fee not in the lease, or charging above the statutory limit, exposes the landlord to $100 plus treble the excess amount, plus attorney fees.
How much notice does a Texas landlord need to give to end a month-to-month lease?
In Texas, either a landlord or tenant may end a month-to-month lease voluntarily with 30 days' written notice (§ 91.001(a)–(b)).
What flood disclosure must be included in a Texas lease?
Effective January 1, 2022, Texas landlords are required to give prospective tenants information about a property's flood risk. The new law applies to all rental properties, regardless of whether they're located in a mapped floodplain. Landlords must include in every residential lease a flood risk disclosure form or addendum stating whether the unit is in a 100-year floodplain and whether the owner is aware of any flooding in the past five years.
Can a Texas landlord charge a daily late fee?
Yes. Texas Property Code § 92.019(b) explicitly permits a late fee to include both an initial fee and a daily fee for each day rent remains unpaid. However, the total of all fees collected in any given month — initial plus all daily fees combined — cannot exceed the applicable percentage cap: 12% of monthly rent for structures with 4 units or fewer, and 10% for structures with 5 or more units, to be considered automatically reasonable under the statute.