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Texas residential lease agreement (2026)

What the document has to contain, the Texas-specific rules that most templates get wrong, and the clauses free templates leave out.

The Texas-specific parts

Security deposit: No statutory limit on how much you can collect. Return deadline: 30 days to return it after move-out. Statute: Tex. Prop. Code § 92.101 et seq..

Those two numbers are the ones a template written for another state gets wrong, and they are also the two that cost the most when they are wrong.

Generate a Texas lease, free

Rentmark builds the lease from your property, unit and tenant details, fills the deposit cap and return deadline from Texas’s statute, prints the citation on the document and sends it for signature. Writing and signing leases costs nothing — the subscription is for running the tenancy afterwards.

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What every Texas lease has to cover

A lease is not a formality — it is the only document that will exist when you and your tenant remember an agreement differently. Ten terms carry almost all of the weight:

TermWhat it has to say
The partiesEvery adult who will live in the unit, named in full, and every landlord or agent. An occupant who is not on the lease owes you nothing.
The propertyThe full address including the unit number, and what comes with it — parking space, storage, yard, appliances.
The termStart date, end date, and what happens at the end: automatic month-to-month, automatic renewal, or expiry.
The rentAmount, due date, where and how it is paid, and any prorated first month spelled out with its calculation.
Late feesThe amount, and the grace period before it applies. Several states cap late fees or require a grace period, so check yours.
The security depositThe amount, what it may be used for, where it is held, and the deadline to return it.
Utilities and servicesA line-by-line allocation of who pays for what. Ambiguity here produces a dispute every single winter.
Maintenance and repairsWho does what, how the tenant reports a problem, and your right of access to fix it.
Rules of occupancyPets, smoking, subletting, guests, alterations, and the number of occupants.
EntryThe notice you will give before entering, and the emergencies where you will not.

The Texas rules the document has to respect

No statutory cap on the deposit amount.

Texas is one of 23 jurisdictions with no statutory ceiling on the deposit — the amount is left to the market and to what your lease says. That freedom cuts both ways: nothing caps you, and nothing protects you if a court later finds the amount unconscionable.

30 days to return it after move-out — and the clock runs from the end of the tenancy, so the deadline written into your lease has to match Tex. Prop. Code § 92.101 et seq. rather than whatever number the template arrived with. The Texas deposit guide covers the deductions, the itemized statement and the penalties in full.

One federal requirement that applies in Texas too

For any dwelling built before 1978, federal law requires you to give the tenant the lead-paint disclosure and the EPA pamphlet, and to have them acknowledge receipt in writing. It applies to single-family houses as much as to apartment buildings, the penalties are federal, and it is the single most commonly missed item on a small landlord’s lease.

The clauses free templates leave out

A template is only as good as what its author bothered to include, and the omissions are remarkably consistent:

ClauseWhy its absence matters
Attorney's feesWithout it you pay your own legal costs even when you win. Free templates omit it because it favours whoever drafted them.
Quiet enjoymentStates your obligation and, by symmetry, the tenant's obligation not to interfere with the neighbours.
Sex offender registry noticeRequired or customary in many states; a standard paragraph, and its absence is easy to spot.
CounterpartsLets each party sign a separate copy — which is how leases are actually signed now.
Renter's insuranceA requirement with a stated minimum coverage figure, or it is unenforceable in practice.
Joint and several liabilityMakes each tenant liable for the whole rent, not their share. Without it, one roommate leaving is your problem.
Lead-paint disclosureFederal, mandatory for any dwelling built before 1978, and it applies to single-family rentals too.

None of these are exotic. They are standard paragraphs that a lease written by a landlord for a landlord contains and a lease downloaded from a search result usually does not.

Fixed term or month-to-month in Texas?

A fixed term — normally twelve months — gives you income certainty and makes the tenant liable for the whole period. Month-to-month gives both sides the freedom to end the arrangement on notice, which is worth a great deal when a tenancy is going badly and costs you a great deal when it is going well.

The usual answer for a small landlord is a twelve-month term that rolls into month-to-month rather than expiring. You get the certain year, and you avoid the moment where a good tenant is technically holding over with nothing in writing. Say explicitly in the lease which of the two happens at the end of the term — a lease that goes silent on its own expiry is a lease that will be argued about.

Getting it wrong, in order of expense

  1. A deposit over the cap. Texas has no statutory cap, so this one is not your risk here — but it is the moment you buy across a state line.
  2. A return deadline that contradicts the statute. Miss the real deadline and in many states you forfeit the right to withhold anything at all, however genuine the damage.
  3. A missing lead-paint disclosure on a pre-1978 building. Federal penalties, and treble damages in private suits.
  4. Occupants not named on the lease. You have no contractual claim against the person who caused the damage.
  5. No attorney’s fees clause. You pay your own legal costs even in the cases you win.

The free lease audit checks the first three against Texas’s actual rules in about two minutes, without you uploading the document anywhere.

Lease agreements in every state

Own property in more than one state? The deposit rules that shape the document are here side by side. Texas is highlighted.

StateDeposit capReturn deadline
Alabama1 month's rent35 days
Alaska2 months' rent14 days
Arizona1.5 months' rent14 days
Arkansas2 months' rent60 days
California1 month's rent21 days
ColoradoNo cap30 days
Connecticut2 months' rent30 days
Delaware1 month's rent20 days
District of Columbia1 month's rent45 days
FloridaNo cap15 days
GeorgiaNo cap30 days
Hawaii1 month's rent14 days
IdahoNo cap21 days
IllinoisNo cap45 days
IndianaNo cap45 days
Iowa2 months' rent30 days
Kansas1 month's rent30 days
KentuckyNo cap30 days
LouisianaNo cap30 days
Maine2 months' rent30 days
Maryland2 months' rent45 days
Massachusetts1 month's rent30 days
Michigan1.5 months' rent30 days
MinnesotaNo cap21 days
MississippiNo cap45 days
Missouri2 months' rent30 days
MontanaNo cap30 days
Nebraska1 month's rent14 days
Nevada3 months' rent30 days
New Hampshire1 month's rent30 days
New Jersey1.5 months' rent30 days
New Mexico1 month's rent30 days
New York1 month's rent14 days
North Carolina2 months' rent30 days
North Dakota1 month's rent30 days
OhioNo cap30 days
OklahomaNo cap45 days
OregonNo cap31 days
Pennsylvania2 months' rent30 days
Rhode Island1 month's rent20 days
South CarolinaNo cap30 days
South Dakota1 month's rent14 days
TennesseeNo cap30 days
TexasNo cap30 days
UtahNo cap30 days
VermontNo cap14 days
Virginia2 months' rent45 days
WashingtonNo cap30 days
West VirginiaNo cap60 days
WisconsinNo cap21 days
WyomingNo cap30 days

Frequently asked

Does a Texas lease have to be in writing?

A short residential tenancy can often be created orally, but almost every state requires a written lease once the term passes a year, and an oral tenancy leaves you with no provable terms on rent, deposits, repairs or entry. There is no situation where writing it down is the worse option.

How much security deposit can a Texas lease require?

Texas sets no statutory cap, so the figure is a commercial decision. Note that the cap-free position does not remove the return obligation — you still owe the deposit back within 30 days with an itemized statement.

What has to be disclosed in a Texas lease?

One requirement is federal and applies everywhere: for any dwelling built before 1978 you must give the lead-paint disclosure and the EPA pamphlet, and have the tenant acknowledge both. Beyond that, disclosure requirements are set state by state and often city by city — read Tex. Prop. Code § 92.101 et seq. and your local ordinance rather than trusting a generic template.

Is a free lease template safe to use in Texas?

It depends entirely on when and where it was written. The two failures we see most often are a deposit above the state cap and a return deadline copied from another state — both invisible until the tenancy ends badly. If you are using a template you did not write, run it through the free lease audit before you sign it again.

Can I change a Texas lease after it is signed?

Not on your own. You can sign an addendum with the tenant amending specific terms, which is the normal way to correct a defect or record a change mid-term, and you can issue a corrected lease at renewal. Neither works without the tenant's signature.

Should a Texas lease be fixed-term or month-to-month?

A fixed term gives you income certainty and makes the tenant liable for the whole term; month-to-month gives you flexibility to end the tenancy or raise the rent on notice, and gives the tenant the same freedom to leave. Most small landlords use a twelve-month term that rolls into month-to-month at the end, which is the compromise the two arrangements were asking for.

Do I need a lawyer to write a Texas lease?

For a standard residential tenancy, a well-built state-aware lease is usually enough, and it is certainly better than a template of unknown origin. Pay for an attorney to read it when there is real money involved, when the property is somewhere with heavy local regulation, or when you are writing anything unusual into the agreement.

This is not legal advice.Landlord–tenant law changes and cities regularly add requirements on top of their state’s. The Texas-specific figures on this page come from Tex. Prop. Code § 92.101 et seq.; disclosure obligations beyond the federal lead-paint rule vary and are not enumerated here. Have a local attorney read the document when there is real money at stake.
Texas deposit lawsCap, deadline, deductions and the itemized statementFree lease auditCheck an existing lease against Texas’s rulesProrated rentThe first month, calculated properlyAll 50 states and DCLease guidance for every jurisdiction