Lease Agreement requirements in Texas
- All leases must be in writing if the term is one year or longer (Statute of Frauds).
- Include a disclosure of the property's condition and any known defects.
- Provide a copy of the State of Texas Lead-Based Paint Disclosure (if built before 1978).
- Disclose the name and address of the property manager or owner.
- Include a statement about whether the property is in a floodplain (if applicable).
- For residential leases, include a notice about the tenant's right to repair and deduct for certain conditions (if agreed).
How to create a Lease Agreement in Texas
- Gather all necessary information: property address, landlord and tenant full names, contact details.
- Decide on the lease term (fixed or month-to-month) and draft the agreement, including rent amount, due date, late fees, and utilities.
- Incorporate Texas-specific clauses: security deposit rules (return within 30 days), entry notice (24 hours), and eviction procedures.
- Both parties must sign the lease. While witnesses are not generally required, notarization is recommended to strengthen enforceability.
- Provide the tenant with a move-in checklist and any required disclosures before move-in.
- Both parties should retain a signed copy for their records.
What a Lease Agreement typically costs
The cost of a lease agreement in Texas varies. You can use free templates found online, but hiring a lawyer to draft a custom lease typically costs $200–$500. Attorney fees for reviewing a lease may range from $150–$400 per hour.
Download our Texas lease agreement template and ensure your rental is legally compliant.
Create your lease agreementTexas Lease Creation: Before You Begin
Prepare to create a valid Texas residential lease by gathering key information and understanding state-specific rules.
- Verify the landlord's legal authority to lease the property (ownership or management) and note the full legal names of all parties.
- Collect accurate property details: full address, including county, and any specific unit number or amenities.
- Determine lease terms: start/end dates, rent amount, due date, late fee (statutory limits apply), and security deposit (no statutory cap, but be clear on return conditions).
- Review Texas-specific disclosures: required lead-based paint (for pre-1978 housing), and consider including mold, smoke detector, and other state-required notices.
- Decide on lease type (fixed-term or month-to-month) and include all tenants as co-tenants if multiple people will reside there.
- Be aware that Texas does not require notarization or witnesses for a valid lease, but signatures by all parties are essential; keep an original for your records.
Frequently asked questions
Is a notary required for a lease agreement in Texas?
No, a notary is not required for a lease to be valid, but having the lease notarized can provide stronger evidence that the signatures are genuine, which is helpful if a dispute arises.
What disclosures are mandatory in a Texas residential lease?
Texas landlords must disclose known defects that materially affect health or safety, provide a lead-based paint disclosure for homes built before 1978, and identify the property manager or owner. Flood zone disclosures are required if the property is in a floodplain.
How much can a landlord charge as a security deposit in Texas?
Texas law does not limit the amount a landlord can charge as a security deposit. However, the deposit must be returned within 30 days after the tenant moves out, minus any deductions for damages beyond normal wear and tear.
What happens if a tenant breaks a lease in Texas?
If a tenant breaks a lease, they may be liable for remaining rent unless the landlord makes a good-faith effort to re-rent the property. Texas law also provides early termination rights for military personnel under certain circumstances.