Free Texas Lease Agreements (Residential & Commercial)

Texas-Lease-Agreement

It is a written lease agreement between a landlord and a tenant which enables the landlord to officially rent out their property for a given period and receive rent payment from the tenant in Texas. This document is legally binding, and that means that landlords must screen their prospective tenants before leasing out their property by requesting them to fill out a rental application.

Suppose the tenant is acceptable to you as the landlord. In that case, the next step will be to negotiate and agree to favourable terms and conditions before preparing the lease agreement for signing. Once both parties sign this document, the tenant can officially move in and take control of the property. Rental properties in Texas that must have this lease agreement can be leased for either residential or commercial purposes. Therefore, a landlord needs to prepare this document based on the Texas landlord-tenant laws.

Types of Texas Lease Agreement

You might need to prepare and use different lease agreements depending on your tenancy situation in Texas. Here are the different types of lease agreements you will find being used in Texas State:

Apartment association lease agreement

The apartment association residential lease agreement is a legally binding contract highlighting all the terms and conditions of a rental property for residential purposes. This document must contain details of the lease period which means that once signed, both parties must uphold the aspects of the lease agreement until the lease term expires.

Commercial lease agreement

A commercial lease agreement is a legal document used by Texas landlords who wish to rent out their property to tenants for commercial and business purposes. For commercial property, the landlord and tenant need to involve an attorney during negotiations of the terms and conditions of their arrangement. This way, all the required details, such as the rights and responsibilities of each party, will be included in the lease agreement before signing happens.

Month-to-month lease agreement

A month-to-month lease agreement is also known as a tenancy at will. This means that this contract, prepared between a landlord and tenant, has no end date unless either party terminates it. Then, the landlord will lease out their property for monthly rent payment. If the landlord wants to change the lease agreement or the tenant wants to terminate the contract, a 30 days notice is required.

Rent-to-own lease agreement

Rent to own lease agreement is a standard legal document in Texas that allows a landlord to rent out their rental property while adding a purchase option for the tenant. The landlord must screen the tenant to determine their financial ability to buy the property before holding purchase negotiations and including the details in the lease agreement. This purchase clause is only valid if the tenant decides to buy the property before the lease term expires.

Roommate lease agreement

A roommate lease agreement is a contract between roommates to stipulate the terms and conditions of living in a shared residence. This lease agreement focuses on rental and utility payments alongside the agreed-upon terms and conditions of peaceful co-existence between roommates.

Standard lease agreement

A standard residential lease agreement is a document of Texas that is prepared and used by landlords to rent out their rental property for residential purposes in exchange for monthly rent. This lease agreement usually has a fixed term of one year. When preparing this rental contract, the landlord should observe the Title 8, Chapter 92 (Residential Tenancies) laws.

Sublease agreement

A sublease agreement is a legally binding contract that allows a tenant on the master lease to sublet the rental property to a sub-lessee with approval and permission from the landlord. In most cases, a tenant would sublet to avoid breaking the master lease, which might face penalties. With this sublease agreement, the tenant and the sub-lessee can have a written deal with the terms and conditions of their agreement. However, the tenant is still liable to uphold the master lease and their relationship with the landlord.

Essential Contents

There are essential elements that must be included in the lease agreement of Texas. These elements include:

  • The full address of the property and its description
  • The landlord’s or agent’s name, address, and phone number
  • The name of the person in charge of receiving rent payment, their address, phone number, and the payment methods for rent
  • The tenant’s name and contact details
  • Rent amount and late fee charge
  • Lease term or how long the lease period will last
  • Utilities and services provided in the rental property

Basic Template

Download Texas Lease Agreement template from our site:

 texas lease agreement pdf

    Landlord’s and Tenant’s Laws

    There are landlord-tenant laws in Texas State that you must observe when preparing a lease agreement. Here are the critical aspects that you should have in mind regarding the lease agreement and the laws of Texas:

    Security deposit 

    There is no set limit to the maximum amount of money that the landlord should request as the security deposit. This is according to § 92.102 law in Texas State. Landlords should, however, set reasonable amounts for the security deposit.

    According to § 92.103, they must return the security deposit to the tenant within 30 days after the lease has ended.

    Landlord’s right of entry

    When it comes to a landlord’s right to enter the rental premises in Texas, landlords must observe the § 8.92.0081. This law allows emergency access to the premises without notice to the tenant. However, if the conditions of entry are normal or general, a notice is required. However, Texas State does not specify the amount of notification time the landlord should provide the tenant.

    Failure to repair material defects

    Landlords in Texas State are required to state, in the lease agreement, the remedies that a tenant should observe in case they fail to repair material defects within the rental property. This is under Tex. Prop. Code Ann § § 92.056 law.

    Domestic violence

    In the case of domestic violence, Tex. Prop. Code Ann § § 92.016 law allows victims to break their lease agreement with the landlord.  This law also protects such a tenant from future rent obligations.

    Late fees

    Late fees can include specific late fee charges or subsequent late fee charges until the rent is paid. This is in line with the agreed-upon due date mentioned in the lease agreement. In Texas, § 8.92.019 law states that landlords can charge late fees for delayed rent payments. In this State, delayed rent payment is when the tenant has not paid their rent one day after the scheduled due date.  This information should be included in the lease agreement before signing, and implementation happens.

    Frequently Asked Questions

    Why do landlords use Texas rental contracts?

    Landlords in Texas use rental contracts because it is vital to have the conditions of their agreement with the tenant in writing. Whether it is a short or long lease term, having these details in writing ensures that both parties know how long the lease should last, their responsibilities, and when the rent payment is expected. Therefore, Texas landlords need to prepare the lease agreement and sign it.

    Do lease agreements need to be notarized in Texas?

    Lease agreements used in Texas do not need to be notarized. However, to become legally binding, they must be signed by both the tenant and the landlord. As a landlord, ensure that you send a copy of the lease agreement to the tenant.

    Is Texas a good state in which to become a real estate investor?

    Texas is a good state where you can become a real estate investor. There are significant developments in Texas State that will guarantee plenty of tenants for your real estate. Before investing, the most important thing to consider is if Texas meets your specific needs as an investor. Ensure you look at available factors, such as mandated disclosures, restriction of deposits and pet rent, the scope of tenants’s rights, and the eviction process involved to determine if they are favourable for you.

    How will Texas rental laws impact my TX lease contract?

    Texas rental laws will always impact your TX lease contract since they constantly evolve and must be observed when preparing the document. Therefore, it is essential to ask an attorney about these Texas rental laws to ensure that your document is legal and correct.

    Will my Texas rental agreement be legally binding under local law?

    Your Texas rental agreement will be legally binding under local law if both parties, the landlord and the tenant, sign it.