A Texas lease agreement is a written contract between a landlord and a tenant. It sets the rent, the property address, the lease term, and each party's duties, under the Texas Property Code. It covers long-term and short-term residential leases, and a separate version exists for commercial property. This guide explains the state's security deposit, late fee, and disclosure rules, and how a tenancy can end. Use the builder below to create, save, and print your own Texas lease agreement.
Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current Texas law. If you notice an error or outdated information, please contact us.
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Texas regulates the landlord-tenant relationship mainly through Chapters 91 and 92 of the Texas Property Code, which set the rules for security deposits, notices, disclosures, and repairs. A written lease should name both parties, describe the property, state the rent and its due date, and spell out how the tenancy can end. The sections below cover the state's specific requirements in detail. To establish a binding legal obligation on the subject, parties conclude a rental agreement.
A Texas lease agreement should include the following information:
| Document Name | Texas Rental Lease Agreement Form |
| Other Names | TX Rental Lease, Texas Residential Lease Agreement |
| Relevant Laws | Texas Statutes, Property Code, Title 8, Chapter 92 |
| Security Deposit Return | On or before the 30th day after the tenant surrenders the property |
| Avg. Time to Fill Out | 18 minutes |
| # of Fillable Fields | 119 |
| Available Formats | PDF, Word (.docx), OpenDocument (.odt) |
You can write a Texas lease agreement yourself using the checklist above, hire an attorney to draft one, or use an online builder to generate a ready-to-sign document. An online builder like the one on this page walks you through each required field and produces a printable PDF, Word, or OpenDocument file in minutes. Before you sign any draft, you can ask questions about the PDF to make sure you understand every clause.
A Texas landlord must return the tenant's security deposit, minus any lawful deductions, on or before the 30th day after the date the tenant surrenders the property.[2.9] The landlord may not keep any part of the deposit to cover normal wear and tear. The landlord must also give the tenant a written, itemized list of any deductions, along with the remaining balance.[2.10] Landlords must also keep accurate records of all security deposits they hold.[2.11]
"The landlord may not retain any portion of a security deposit to cover normal wear and tear."
Texas law limits how much a landlord can charge for late rent, and when. A late fee cannot exceed 12 percent of one rental period's rent for a property of four units or fewer, or 10 percent for a larger property. The landlord also may not charge the fee until at least two full days have passed after the rent's original due date.[2.5]
Most Texas residential leases include a right-of-entry clause that lets the landlord, or the landlord's agent, enter the property for reasons such as:
The lease itself, not a single statewide rule, sets the notice and timing for these visits, so tenants should check their own lease for its specific terms.
For housing built before 1978, federal law also requires the landlord to give the tenant the EPA lead hazard pamphlet and to disclose any known lead-based paint or lead hazards and any available reports before the tenant is bound by the lease, with the Lead Warning Statement and disclosure attached to or written into the lease (42 U.S.C. § 4852d).[3.1]
Texas law places additional duties on landlords beyond the lease itself, covering safety equipment, occupancy, utilities, and payment records. The rules below come from the Texas Property Code and apply to most residential leases in the state.
If you want a record of your lease for your own files, you can contact your local county clerk's office.
Texas does not require a residential lease to be recorded with the county. Under Tex. Prop. Code § 13.001, an unrecorded lease is still binding on the parties to it, and recording matters only to protect an interest in the property against a creditor or a later purchaser who pays value without notice of the lease.[4.1]
A monthly or month-to-month tenancy ends when either the tenant or the landlord gives the other notice of termination.[1.1] For a month-to-month tenancy, the tenancy ends on whichever comes later, the date named in the notice or one full month after the day the notice is given. You can count the exact notice period with our deadline calculator.
For a week-to-week tenancy, the notice period equals the number of days in the rent-paying period, typically seven days. The tenancy ends on the later of the date in the notice or the day after that period runs out.[1.2]
When a tenant simply fails to pay rent, landlords commonly use a three-day notice to pay rent or vacate, though the lease may set a different notice period.
Under Tex. Prop. Code § 92.017, a servicemember who lawfully ends a lease early must receive a refund of any prepaid rent for the period after the termination date. That refund is due no later than the 30th day after the termination date.[2.4]
These are common reader questions about security deposits and lease termination in Texas, answered from the Texas Property Code. Each short answer below cites the exact statute section behind it, so you can verify the rule yourself before you rely on it.
No. Texas law does not let a landlord keep any part of the security deposit to cover normal wear and tear, which includes routine repainting between tenants.[2.10]
A landlord cannot charge the security deposit for ordinary cleaning that just addresses normal wear and tear. The deposit may only cover damage beyond that, and any deduction must come with a written, itemized list.[2.10]
Yes. A monthly or month-to-month tenancy in Texas ends only after the tenant or the landlord gives the other notice of termination.[1.1]
Not exactly. For a month-to-month tenancy, Texas law requires one full month's notice, not a fixed 30 days. The tenancy ends on whichever is later, the date named in the notice or one month after the day the notice was given.[1.2]
General information, not legal or tax advice.
Unless noted otherwise, the sources below are from the Texas Property Code, published by the Texas Legislature Online.
