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    Texas Residential Lease Agreement

    Texas sets no statewide ceiling on security deposits, but the landlord must refund it within 30 days after move-out.

    Create a Texas leaseFree to create, no card needed; an account is needed to save or e-sign.

    MakeLease generates a customizable lease; add these Texas disclosures and terms.

    Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed

    Texas lease rules at a glance

    Key Texas rules for a residential lease, with the statute behind each
    RuleWhat the law says
    Security deposit capNo state capTex. Prop. Code §§ 92.101–92.113 (no amount cap)
    Deposit return deadline30 days after move-outTex. Prop. Code § 92.103(a), Tex. Prop. Code § 92.107, Tex. Prop. Code § 92.1041 (mailbox presumption)
    Late feesSafe harbor: up to 12% of monthly rent for a dwelling in a structure with 4 or fewer units, up to 10% for a structure with more than 4 units; a higher fee is allowed only if it does not exceed the landlord's uncertain damages from late payment. Initial plus daily fees count together as one fee · grace period: 2 daysTex. Prop. Code § 92.019(a-1), (b), Tex. Prop. Code § 92.019(a)(3), S.B. 1414, 86th Leg., R.S. (2019), enrolled
    Landlord entry noticeNo state ruleTex. Prop. Code ch. 92 (no entry-notice provision)
    Ending a month-to-month lease30 days (either side)Tex. Prop. Code § 91.001
    Rent increase noticeNo state ruleTex. Prop. Code chs. 91–92 (no rent-increase notice provision)
    Rent controlNone; cities barred from adopting itTex. Loc. Gov't Code § 214.902, Tex. Prop. Code § 1.004 (preemption, H.B. 2127)
    Eviction notice for unpaid rent3 days (Notice to pay rent or vacate (a notice to vacate is allowed only if the tenant was late before the month of the notice))Tex. Prop. Code § 24.005(a), (f-3), Tex. Prop. Code § 24.0042 (computation of time), S.B. 38, 89th Leg., R.S. (2025), enrolled

    Texas lease disclosures checklist

    Texas leases must include floodplain notices, bold or underlined repair-remedy language and early-termination-rights language, and landlords must give an emergency phone number, any parking rules, owner and manager details on request, and a lease copy within 3 business days (Tex. Prop. Code §§ 92.0135, 92.056(g), 92.016, 92.020, 92.0131, 92.201, 92.024). (Tex. Prop. Code ch. 92, S.B. 2349, 89th Leg., R.S. (2025), enrolled)

    • Lead-based paint disclosure and EPA pamphlet — Housing built before 197842 U.S.C. § 4852d; 40 CFR Part 745 Subpart F
    • Floodplain and prior-flooding notice (statutory wording), signed by landlord and tenant — At or before lease signing, in the lease, an addendum or a separate document; not required for leases under 30 daysTex. Prop. Code § 92.0135
    • Tenant repair remedies (§§ 92.056, 92.0561) stated in the lease in underlined or bold print — In every written leaseTex. Prop. Code § 92.056(g)
    • Statement that tenants may have special statutory rights to end the lease early for family violence, certain sex offenses or stalking, or military deployment or transfer — In the lease; if missing, a tenant who ends the lease under these sections is released from delinquent rentTex. Prop. Code §§ 92.016(f), 92.0161(g), 92.017(g)
    • Telephone number for reporting emergencies (answered 24 hours if there is an on-site office, and posted outside it) — During tenancyTex. Prop. Code § 92.020
    • Copy of vehicle towing or parking rules, signed or in the lease under a capitalized, underlined or bold "Parking" heading — Multiunit complexes, before the lease is signed; written notice of changes at least 14 days before they take effectTex. Prop. Code § 92.0131
    • Name and address of the record owner and any off-site management company — Within 7 days of a tenant's request, or in advance in the lease, written rules or a posted noticeTex. Prop. Code § 92.201
    • Complete copy of the signed lease — Within 3 business days after all parties signTex. Prop. Code § 92.024
    • Printed tenant selection criteria with signed acknowledgment — When a rental application is provided; otherwise a rejected applicant's fee must be refundedTex. Prop. Code § 92.3515

    MakeLease generates a customizable lease; add these Texas disclosures and terms.

    Before you sign in Texas

    If a deposit is withheld wrongly
    A landlord who in bad faith keeps a deposit owes $100 plus three times the wrongly withheld amount and the tenant's attorney's fees, and missing the 30-day deadline is presumed bad faith (Tex. Prop. Code § 92.109). (Tex. Prop. Code § 92.109)
    Deductions from the deposit
    A landlord who keeps any part of the deposit must give the tenant the balance with a written description and itemized list of all deductions, unless the only deduction is undisputed unpaid rent (Tex. Prop. Code § 92.104(c)). (Tex. Prop. Code § 92.104)
    Interest on the deposit
    Texas law does not require landlords to pay interest on security deposits (Tex. Prop. Code ch. 92, subch. C). (Tex. Prop. Code §§ 92.101–92.113 (silent on interest))
    Rent control and increases
    Texas has no statewide rent control, and state law provides for city rent control only temporarily during a declared disaster with the governor's approval (Tex. Loc. Gov't Code § 214.902). (Tex. Loc. Gov't Code § 214.902, Tex. Prop. Code § 1.004 (preemption, H.B. 2127))

    No statewide rent control; Local Gov't Code § 214.902 provides for city rent control only after a disaster-related housing emergency finding and with the governor's approval.

    If rent goes unpaid
    For nonpayment, a landlord must give at least 3 days' written notice before filing, and if the tenant was not late before that month the notice must be a notice to pay rent or vacate, unless the lease sets a different period (Tex. Prop. Code § 24.005(a)). (Tex. Prop. Code § 24.005(a), (f-3), Tex. Prop. Code § 24.0042 (computation of time), S.B. 38, 89th Leg., R.S. (2025), enrolled)
    • In effect since .
    • Before : For suits filed before Jan. 1, 2026, § 24.005(a) required a 3-day written notice to vacate (unless the lease set a different period) with no pay-or-vacate requirement; delivery was governed by former subsections (f)–(i), repealed by S.B. 38.

    Texas lease FAQs

    How much can a landlord charge for a security deposit in Texas?

    Texas sets no limit on how much a landlord may charge as a security deposit (Tex. Prop. Code ch. 92, subch. C) (Tex. Prop. Code §§ 92.101–92.113 (no amount cap)).

    How long does a Texas landlord have to return a security deposit?

    Landlords must refund the deposit, with an itemized list of any deductions, on or before the 30th day after the tenant surrenders the premises, but need not do so until the tenant gives a written forwarding address (Tex. Prop. Code §§ 92.103(a), 92.107) (Tex. Prop. Code § 92.103(a)).

    Is there a limit on late fees in Texas?

    A late fee must be in a written lease and reasonable, which the statute presumes for fees up to 12% of rent in buildings of 4 or fewer units or 10% in buildings of more than 4 units (Tex. Prop. Code § 92.019(a), (a-1)) (Tex. Prop. Code § 92.019(a-1), (b)). A landlord may not charge a late fee until rent has stayed unpaid two full days after the due date, so rent due on the 1st can be charged a late fee on the 4th at the earliest (Tex. Prop. Code § 92.019(a)(3)).

    How much notice must a Texas landlord give before entering a rental?

    Texas has no statute requiring notice before a landlord enters, so entry rights depend on the lease; write entry terms into the lease (Tex. Prop. Code ch. 92 is silent) (Tex. Prop. Code ch. 92 (no entry-notice provision)).

    How much notice ends a month-to-month tenancy in Texas?

    Either party can end a month-to-month tenancy with at least one month's notice, unless both signed an agreement setting a different notice period (Tex. Prop. Code § 91.001).

    What disclosures does a Texas lease need?

    Texas leases must include floodplain notices, bold or underlined repair-remedy language and early-termination-rights language, and landlords must give an emergency phone number, any parking rules, owner and manager details on request, and a lease copy within 3 business days (Tex. Prop. Code §§ 92.0135, 92.056(g), 92.016, 92.020, 92.0131, 92.201, 92.024) (Tex. Prop. Code ch. 92). The list covers Lead-based paint disclosure and EPA pamphlet, Floodplain and prior-flooding notice (statutory wording), signed by landlord and tenant, Tenant repair remedies (§§ 92.056, 92.0561) stated in the lease in underlined or bold print, Statement that tenants may have special statutory rights to end the lease early for family violence, certain sex offenses or stalking, or military deployment or transfer, Telephone number for reporting emergencies (answered 24 hours if there is an on-site office, and posted outside it), Copy of vehicle towing or parking rules, signed or in the lease under a capitalized, underlined or bold "Parking" heading, Name and address of the record owner and any off-site management company, Complete copy of the signed lease and Printed tenant selection criteria with signed acknowledgment.

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