Fillable Form Texas Residential Lease Agreement (Annual or Month-to-Month)

What is a Texas Residential Lease Agreement?

A Texas Residential Lease Agreement is a written legal contract created between a landlord and a tenant. It specifies the terms and conditions of renting a real estate property including the duration of the agreement, the cost of each rental installment, and break clauses such as eviction procedures.

However, a Residential Lease Agreement Texas State should not be mistaken for a rental agreement. Rental agreements are periodic, flexible contracts that can be renewed, changed, or canceled at the end of each term. In Texas, this can be handled on a month-by-month basis.

A Residential Lease Agreement for a property in Texas must be written and signed in accordance with the state's regulations. If the contract deviates from the rules and regulations of the jurisdiction of Texas, it could be considered invalid, preventing either party from seeking recourse if a violation occurs.

Landlords must be clear on the main statutes and laws governing these agreements in order to ensure that the contract is legally enforceable in Texas. These include the following points:

• Security deposits: In Texas, there is no maximum amount that a landlord can charge for a security deposit. They must, however, return the deposit amount within 30 days of the contract’s termination, with or without deductions. If the property is rented under a commercial lease, the period is extended to 60 days.
• Landlord’s right to enter: In Texas, there are no laws or statutes governing the minimum notice a landlord must provide before entering the property before an inspection or to perform repairs. However, it is advised that property owners and managers give a 24-hour notice before entering the premises.

When a Texas Residential Lease Agreement Form is prepared and signed, it must include a few disclosures and addendums. These are used to properly inform the residents on how to stay safe on the property and to alert them of any potential threats or information about how the property is managed.

A Residential Lease Agreement Template Texas must provide the following mandatory disclosures:

• Lead paint disclosure: If the rental unit is in a building constructed before 1978, the landlord or their agent must disclose whether lead paint is present and offer safety advice for any lead paint that is found on the premises.
• Parking rules addendum: The lease must contain a disclosure statement on the property’s parking rules, such as where the resident may park and any towing or parking enforcement practices.
• Conditions to cancel agreements: All rental and lease agreements must include a specific statement informing tenants of their statutory rights to terminate the lease if they are a victim of domestic violence or are called to military duty.
• Agent or owner identification: The lease agreement must include a section or an addendum that discloses the contact information of the landlord or a chosen agent who will act on their behalf.

You can make your own customized Residential Lease Agreement Texas State Template entirely online. This enables you to quickly and easily tailor your contract to the type of real estate you want to rent out, the number of renters you’ll have, and the state requirements. It is also possible to hire a lawyer or attorney to draft this agreement for you. However, this is usually a more expensive option that takes longer to produce.

How to fill out a Texas Residential Lease Agreement?

Using PDFRun, you can electronically fill out and download a PDF copy of the Texas Residential Lease Agreement PDF in minutes. Fill it out by following the instructions below.

Date

Enter the date the lease agreement is made following the format: Day, Month, Year.

Landlord

Enter the name of the landlord.

Tenant

Enter the name of the tenant.

County

Enter the county in Texas where the property is located.

Premises

Enter the street address where the property is located.

Term

Enter the date the agreement shall commence following the format: Month, Day, Year.

Lease for Term

Mark the space on the left if the lease is for a term.

This section states that this agreement shall continue as a lease for a term. The termination date shall be on (enter the date following the format: Month, Day, Year) at 11:59 PM. Upon the termination date, the tenant shall be required to vacate the premises unless one of the following circumstances occur:

• The landlord and the tenant formally extend this agreement in writing or create and execute a new, written, and signed agreement.
• The local rent control law mandates the extension of the tenancy.
• The landlord willingly accepts new rent from the tenant, which does not constitute past due rent.

In the event that the landlord accepts new rent from the tenant, a month-to-month tenancy shall be created. Either party may terminate this month-to-month tenancy by following the procedures specified in the “Month-to-Month” section below. Rent shall continue at the rate specified in this agreement, or as allowed by law. All other terms and conditions as outlined in this agreement shall remain in full force and effect.

Month-to-Month

Mark the space on the left if the lease is for month-to-month.

This section states that this agreement shall continue as a month-to-month tenancy. If at any time the tenant or the landlord desires to terminate the tenancy, they may do so by providing the other party written notice of intention to terminate. Such notice to terminate must be provided to the other party at least 30 days prior to the desired date of termination of the tenancy. Notices to terminate may be given on any calendar day, irrespective of the commencement date.

Rent

This section states that under the terms of this agreement, the rent shall consist of all monetary obligations owed to the landlord by the tenant in accordance with this agreement. However, the security deposit shall not be considered rent.

This section further states that the tenant shall pay to the landlord (enter the amount in words) dollars (enter the amount in numbers) per month as rent for the term of the agreement. Due date for rent payment shall be the first day of each calendar month and shall be considered advance payment for that month. If not remitted on the first day, the rent shall be considered overdue and delinquent on the second day of each calendar month. In the event that the commencement date is not the first day of the calendar month, the rent payment remitted on the commencement date shall be prorated based on a 30-day period.

Mark the appropriate space on the left for acceptable forms of payment of rent. You may select:

• Personal Check

• Money Order

• Cashier’s Check

• Other – Specify on the space provided.

Enter the name and complete address of the landlord where payment shall be made.

In the event that any payment by the tenant is returned for insufficient funds (NSF) or if the tenant stops payment, the landlord may require in writing that the tenant pay rent in cash for three months, and that all future rent payments shall be remitted by the tenant to the landlord by money order or cashier’s check.

Security Deposit

This section states that the following terms set forth the understanding between the landlord and the tenant regarding the security deposit funds, interest accrued on those funds, the refunding of the security deposit, notices under Texas law concerning security deposits, and permitted deductions under this agreement.

Security Deposit and Replenishment

Upon the execution of this agreement by the landlord and the tenant, the tenant shall deposit with the landlord the sum of (enter the amount in words) dollars (enter the amount in numbers), receipt of which is hereby acknowledged by the landlord, as a security deposit for any damage caused to the premises during the term hereof.

In the event that the landlord shall at any time apply any of such security deposit to cover unpaid rent, late fees, costs to repair damage caused to the premises, or any other fees or charges owed by the tenant under this agreement, then, upon request of the landlord to the tenant specifying the amount so applied, the tenant shall immediately deposit with the landlord, as an additional security deposit, the amount so applied, so that the security deposit held by the landlord shall at all times during the term hereof be equal to the aforementioned amount specified in this section.

Interest

The landlord shall pay no interest to the tenant for the security deposit. The landlord may place the security deposit in an interest-bearing or income-producing account and any interest or income earned will be paid to the landlord.

Refund

The tenant must give the landlord at least a 30-day written notice of surrender before the landlord is obligated to refund or account for the security deposit.

Notices about Security Deposits

• 92.108, Texas Property Code provides that a tenant may not withhold payment of any portion of the last month’s rent on grounds that the security deposit is security for unpaid rent.

If deductions exceed the security deposit, the tenant will pay the landlord the excess within 10 days after the landlord makes written demand.

Bad faith violations of §92.108 may subject a tenant to liability up to three (3) times the rent wrongfully withheld and the landlord’s reasonable attorney’s fees.

The Property Code does not obligate a landlord to return or account for the security deposit until the tenant surrenders the property and gives the landlord a written statement of the tenant’s forwarding address, after which the landlord has 30 days in which to account.

The landlord may deduct reasonable charges from the security deposit for the items listed below:

• Damages to the property, excluding normal wear and tear. If deductions exceed the security deposit, the tenant will pay the landlord the excess within 10 days after the landlord makes written demand.
• Attorney’s fees, costs of court, costs of service, and other reasonable costs incurred in any legal proceeding against the tenant.
• Costs for which the tenant is responsible to clean, deodorize, exterminate, and maintain the property
• Costs of reletting if the tenant is in default
• The landlord’s cost to access the property if made inaccessible by the tenant
• Mailing costs associated with sending notices to the tenant for any violations of this lease
• Missing or burned-out light bulbs and fluorescent tubes (at the same location and of the same type and quality that are in the property as of the commencement date of this agreement)
• Packing, removing, and storing abandoned property
• Removing abandoned or illegally parked vehicles
• Replacing unreturned keys, garage door openers, security devices, or other components
• The removal of unauthorized locks or fixtures installed by the tenant
• Unpaid charges or fees for which the tenant is responsible under this lease
• Unpaid late charges
• Unpaid or accelerated rent
• Unpaid pet charges
• Unpaid utilities
• Other items the tenant is responsible to pay under this lease

Use of Premises

This section states that the premises shall be used and occupied by the tenant and the tenant’s immediate family, consisting of (enter how many immediate family members), exclusively, as a private single-family dwelling, and no part of the premises shall be used at any time during the term of this agreement by the tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single-family dwelling.

This section further states that the tenant shall not allow any other person, other than the tenant’s immediate family or transient relatives and friends who are guests of the tenant, to use or occupy the premises without first obtaining the landlord’s written consent to such use. The tenants shall comply with any and all laws, ordinances, rules, and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy, and preservation of the premises.

Condition of Premises

This section states that the tenant stipulates, represents, and warrants that the tenant has examined the premises, and that they are at the time of this lease in good order, repair, and in a safe, clean, and tenantable condition.

Assignment and Subletting

This section states that the tenant shall not assign this agreement, or sublet or grant any license to use the premises or any part thereof without the prior written consent of the landlord. Consent by the landlord to one such assignment, subletting, or license shall not be deemed to be consent to any subsequent assignment, subletting, or license.

This section further states that an assignment, subletting, or license without the prior written consent of the landlord or an assignment or subletting by operation of law shall be absolutely null and void and shall, at the landlord’s option, terminate this agreement.

Alterations and Improvements

This section states that the tenant shall make no alterations to the buildings or improvements on the premises or construct any building or make any other improvements on the premises without the prior written consent of the landlord. Any and all alterations, changes, and/or improvements built, constructed, or placed on the premises by the tenant shall be and become the property of the landlord and remain on the premises at the expiration or earlier termination of this agreement, unless otherwise provided by written agreement between the landlord and the tenant.

Non-Delivery of Possession

This section states that in the event the landlord cannot deliver possession of the premises to the tenant upon the commencement of the lease term, through no fault of the landlord or its agents, then the landlord or its agents shall have no liability, but the rental herein provided shall abate until possession is given. The landlord or its agents shall have 30 days in which to give possession, and if possession is tendered within such time, the tenant agrees to accept the demised premises and pay the rental herein provided from that date. In the event the possession cannot be delivered within such time, through no fault of the landlord or its agents, then this agreement and all rights hereunder shall terminate.

Responsibilities of Landlord

This section states that the landlord shall act with customary diligence to:

• Maintain fixtures, hot water, heating, and A/C equipment
• Substantially comply with all applicable laws regarding safety, sanitation, and fair housing
• Keep common areas reasonably clean (if any, and if the landlord is the proprietor of any such common areas)
• Make all reasonable repairs, subject to the tenant’s obligation to pay for damages for which the tenant is liable

If the landlord fails to act as required under this section, the tenant may potentially terminate this agreement and exercise the remedies described in the Texas Property Code Section 92.056 by following this procedure:

• Provided that the rent is not currently delinquent, the tenant shall make a written request for repair or remedy of the condition, and upon receipt of the request, the landlord shall have a reasonable time for repair or remedy.
• If the landlord fails to repair or remedy, the tenant must make a second written request for the repair or remedy (to make sure the landlord and the tenant have not miscommunicated), after which the landlord shall have a reasonable time for the repair or remedy.
• If the landlord still does not repair or remedy within that reasonable time period, then by giving the landlord a final written notice, the tenant may immediately terminate this agreement.

The tenant may also exercise other statutory remedies, including those under the Texas Property Code Section 92.0561.

Instead of providing the two written requests described above, the tenant may provide the landlord with one request, provided that the tenant transmits such notice to the landlord by certified mail, return receipt requested, or by registered mail, to the landlord’s mailing address. After the landlord receives such a request, the landlord shall have a reasonable time for repair or remedy. The term “reasonable time” takes into account the nature of the problem and the reasonable availability of labor, materials, and utilities. The tenant’s rent is required to be current at the time of the request. The landlord shall refund security deposits and prorated rent as required under the law.

Utilities

This section states that the tenant shall be responsible for arranging for and paying for all utility services required on the premises.

Maintenance and Repair Rules

This section states that the tenant will, at its sole expense, keep and maintain the premises and appurtenances in good and sanitary condition and repair during the term of this agreement and any renewal thereof. Without limiting the generality of the foregoing, the tenant shall:

• Not obstruct the driveways, sidewalks, courts, entryways, stairs, and/or halls, which shall be used for the purposes of ingress and egress only
• Keep all windows, glass, window coverings, doors, locks, and hardware in good, clean order and repair
• Not obstruct or cover the windows or doors
• Not leave windows or doors in an open position during any inclement weather
• Not hang any laundry, clothing, sheets, and others from any window, rail, porch or balcony nor air or dry any of same within any yard area or space
• Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of the landlord
• Keep all air conditioning filters clean and free from dirt
• Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use the same only for the purposes for which they were constructed. The tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited herein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by the tenant.

Insurance

This section states that the landlord, the landlord’s agent or manager, or, if applicable, the Condominium or Homeowners’ Association, are not responsible for insuring the tenant or the tenant’s permitted visitors’ personal property and vehicles against loss or damage due to theft, vandalism, fire, water, rain, criminal or negligent acts of others, or any other cause. The landlord has advised the tenant to carry the tenant’s own insurance (renter’s insurance) to protect the tenant from any such loss or damage.

This section further states that the parties agree that, upon notification by the landlord, the tenant shall take all actions necessary to avoid an increase in the landlord’s insurance premium (or the tenant shall pay for the increase in premium), or loss of insurance.

Damage to Premises

This section states that in the event the premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualties not caused by the negligence of the tenant, this agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. In addition, the rental provided herein shall then be accounted for by and between the landlord and the tenant up to the time of such injury or destruction of the premises, the tenant paying rentals up to such date, and the landlord refunding rentals collected beyond such date.

Should a portion of the premises thereby be rendered uninhabitable, the landlord shall have the option of either repairing such injured or damaged portions or terminating this lease. In the event that the landlord exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the injured parts bear to the whole premises, and such part so injured shall be restored by the landlord as speedily as practicable, after which the full rent shall recommence and the agreement continue according to its terms.

Inspection of Premises

This section states that the landlord and the landlord’s agents shall have the right at all reasonable times during the term of this agreement and any renewal thereof to enter the premises for the purpose of inspecting the premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions, or alterations as may be deemed appropriate by the landlord for the preservation of the premises or the building.

The landlord and its agents shall further have the right to exhibit the premises and to display the usual “for sale,” “for rent,” or “vacancy” signs on the premises at any time within 45 days before the expiration of this lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions, that do not conform to this agreement or to any restrictions, rules or regulations affecting the premises.

Subordination of Lease

This section states that this agreement and the tenant’s interest hereunder are and shall be subordinate, junior, and inferior to any and all mortgages, liens, or encumbrances now or hereafter placed on the premises by the landlord, all advances made under any such mortgages, liens, or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens, or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens, or encumbrances.

Tenant’s Hold Over

This section states that if the tenant remains in possession of the premises with the consent of the landlord after the natural expiration of this agreement, a new tenancy from month-to-month shall be created between the landlord and the tenant which shall be subject to all of the terms and conditions hereof except that rent shall then be due and owing at (enter the amount in words) dollars (enter the amount in numbers) per month and except that such tenancy shall be terminable upon 30 days written notice served by either party.

Surrender of Premises

This section states that upon the expiration of the term thereof, the tenant shall surrender the premises in as good a state and condition as they were at the commencement of this agreement, reasonable use and wear and tear thereof and damages by the elements excepted.

Animals

This section states that the tenant shall be entitled to keep no more than (enter the number in words) (enter the number in numbers) domestic dogs, cats, or birds; however, at such time as the tenant shall actually keep any such animal on the premises, the tenant shall pay to the landlord a pet deposit of (enter the amount in words) dollars (enter the amount in numbers) of which shall be non-refundable and shall be used upon the termination or expiration of this agreement for the purposes of cleaning the carpets of the building.

Quiet Enjoyment

This section states that the tenant, upon payment of all of the sums referred to herein as being payable by the tenant and the tenant’s performance of all the tenant’s agreements contained herein and the tenant’s observance of all rules and regulations, shall and may peacefully and quietly have, hold, and enjoy said premises for the term thereof.

Indemnification

This section states that the landlord shall not be liable for any damage or injury of or to the tenant, the tenant’s family, guests, invitees, agents, or employees, or to any other person entering the premises or any building that is part or lies upon the premises, or to goods or equipment, or in the structure, or equipment of the structure of which the premises are a part, and the tenant hereby agrees to indemnify, defend, and hold the landlord harmless from any and all claims or assertions of every kind and nature.

This indemnification includes, but is not limited to, any damage or injury which may be incurred by the tenant, the tenant’s family, guests, invitees, agents, or employees, or to any other person for damage or injuries arise from any contact, attack or interaction from or with any animals, domestic or wild, whether such damage or injury occurs on the premises or off, and the tenant holds harmless the landlord from any and all claims or assertions of every kind and nature for any damage or injury the tenant attributes to any absence or failure of fencing that may be on or surrounding the premises.

Default

This section states that if the landlord determines that the tenant is in default of this agreement, the landlord may terminate the tenant’s right to use and occupy the premises by providing the tenant with at least one day's written notice to vacate. The landlord must provide such notice in any manner authorized by §24.005 of the Texas Property Code. In addition, all unpaid rents payable during the remainder of this agreement or any renewal period shall be accelerated without notice or demand. The tenant shall remain fully liable to the landlord for:

• Any lost rent and any other financial obligation imposed by this agreement
• The landlord’s costs of reletting the premises including but are not limited to leasing fees, utility charges, and any other fees necessary to relet the premises
• Repairs to the premises for the tenant’s use that are beyond normal wear and tear
• All of the landlord’s costs associated with evicting the tenant, including but not limited to court costs, costs of service, prejudgment interest, and reasonable attorney’s fees
• All of the landlord’s costs associated with collecting amounts due under this agreement, including but not limited to debt collection fees, late charges, and returned check charges
• Any other recovery to which the landlord is entitled by law or in equity

The landlord is obligated to make all reasonable efforts to mitigate any damage or loss resulting from the tenant’s breach by attempting to relate the premises to acceptable tenants and thereby reducing the tenant’s liability.

This section further states that the landlord reserves the right to change the locks on the door to the premises because the tenant fails to timely pay the rent in full.

Late Charge

This section states that in the event that any payment required to be paid by the tenant hereunder is not made within three (3) days of when due, the tenant shall pay to the landlord, in addition to such payment or other charges due hereunder, an initial “late fee” in the amount of (enter the amount in words) dollars (enter the amount in numbers) plus a late charge of $5.00 per day after that date until paid in full. Daily late charges shall not exceed 15 days for any single month’s rent.

Abandonment

This section states that if at any time during the term of this agreement the tenant abandons the premises or any part thereof, the landlord may, at the landlord’s option, obtain possession of the premises in the manner provided by law, and without becoming liable to the tenant for damages or for any payment of any kind whatever. The landlord may, at the landlord’s discretion, as agent for the tenant, relet the premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at the landlord’s option, hold the tenant liable for any difference between the rent that would have been payable under this agreement during the balance of the unexpired term, if this agreement had continued in force, and the net rent for such period realized by the landlord by means of such reletting.

If the landlord’s right of reentry is exercised following the abandonment of the premises by the tenant, then the landlord shall consider any personal property belonging to the tenant and left on the premises to also have been abandoned, in which case the landlord may dispose of all such personal property in any manner the landlord shall deem proper and the landlord is hereby relieved of all liability for doing so.

Attorneys’ Fees

This section states that should it become necessary for the landlord to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the premises, the tenant agrees to pay all expenses so incurred, including a reasonable attorneys’ fee.

Recording of Agreement

This section states that the tenant shall not record this agreement on the Public Records of any public office. In the event that the tenant shall record this agreement, this agreement shall, at the landlord’s option, terminate immediately and the landlord shall be entitled to all rights and remedies that it has at law or in equity.

Governing Law

This section states that this agreement shall be governed, construed, and interpreted by, through and under the laws of the state of Texas.

Severability

This section states that if any provisions of this agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this agreement nor the application of the provision to other persons, entities, or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.

Binding Effect

This section states that the covenants, obligations, and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto.

Descriptive Headings

This section states that the descriptive headings used herein are for the convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the landlord or the tenant.

Construction

This section states that the pronouns used herein shall include, where appropriate, either gender or both, singular and plural.

Non-Waiver

This section states that no indulgence, waiver, election, or non-election by the landlord under this agreement shall affect the tenant’s duties and liabilities hereunder.

Modification

This section states that the parties hereby agree that this document contains the entire agreement between the parties and this agreement shall not be modified, changed, altered, or amended in any way except through a written amendment signed by all of the parties hereto.

Notice

This section states that any notice required or permitted under this lease or under state law shall be deemed sufficiently given or served if sent by the United States certified mail, return receipt requested, addressed as follows:

• If to the landlord – Enter the landlord’s name, mailing address, and email address.

• If to the tenant – Enter the tenant’s name, mailing address, and email address.

A courtesy copy of the notice may also be sent by email but is not required. The landlord and the tenant shall each have the right from time to time to change the place of notice.

Emergency Phone Number

This section states that in the event of an emergency related to a condition of the premises that materially affects the physical health or safety of the tenant, the tenant may report the emergency by calling the following phone number: (enter the landlord’s phone number).

Right To Vacate and Avoid Liability Under Certain Circumstances

This section states that the tenant may have special statutory rights to terminate the lease early in certain situations involving certain sexual offenses or stalking. In addition, the tenant may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer. These rights are described in §92.0161 (sexual offense, stalking), §92.016 (family violence), and §92.017 (military service) of the Texas Property Code.

Additional Provisions or Disclosures

Enter additional provisions or disclosures.

Date

Enter the date the landlord signed the agreement, following the format: Day, Month, Year.

Sign

Affix the landlord’s signature.

Print

Enter the landlord’s printed name.

Date

Enter the date the tenant signed the agreement, following the format: Day, Month, Year.

Sign

Affix the tenant’s signature.

Print

Enter the tenant’s printed name.