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Texas, United States

Texas Residential Lease Agreement

What Texas law requires in a residential lease — the deposit cap, the return deadline, the notice to end a month-to-month tenancy, and the disclosures you have to give the tenant. Every figure is cited to the statute it comes from and dated. The free Texas lease template is one click away.

Reflects current Texas rules · 2026 Official source linked Free PDF · no signup · nothing uploaded

Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.

Other Texas rules your lease has to live with

Beyond the deposit, Texas law sets rules on entry, late fees, and repairs that apply whether or not the lease mentions them.

Each point links to the Texas source it was taken from. Rules change; confirm before relying on them.

What Texas law requires · as of 2026

Max security deposit
No statutory limit
Deposit return deadline
30 days after move-out
Notice to end month-to-month
30 days

Source: Tex. Prop. Code §92.103 · verify ↗. Laws change — confirm the current rule before you rely on it.

Deposit still not back 30 days after move-out? Ask for it in writing with a Texas security deposit demand letter; if that doesn’t work, the usual next step is Texas small claims court.

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Required disclosures in Texas

What Texas law says a residential landlord has to tell the tenant, each with the statute it comes from. Federal rules and some city ordinances can add more.

Floodplain & flood history notice (mandatory text)

Texas leases must include a written notice — in the lease or as a signed addendum — stating whether the landlord is aware that the dwelling is in a 100-year floodplain, plus FEMA flood-map guidance and a warning that most renter policies exclude flood damage. If the landlord knows the dwelling flooded in the last 5 years, a second statutory notice is required. Not required for leases under 30 days.

Source: Tex. Prop. Code §92.0135

Repair remedies in underlined or bold print

Every Texas lease must contain language — underlined or in bold print — informing the tenant of the remedies available when a landlord fails to repair conditions affecting health or safety, including the repair-and-deduct remedy.

Source: Tex. Prop. Code §92.056(g), §92.0561

Late fees only if disclosed in the written lease

A landlord may not collect a late fee unless notice of the fee is in the written lease, the fee is reasonable, and rent is at least 2 full days late. A fee is presumed reasonable at up to 12% of monthly rent (buildings of 4 units or fewer) or 10% (larger buildings). Violations cost the landlord $100 + 3x the fee + attorney’s fees.

Source: Tex. Prop. Code §92.019

Vehicle towing & parking rules (multiunit complexes)

In a multiunit complex, the landlord must give the tenant a copy of any towing or parking rules before the lease is signed — signed separately by the tenant, or included in the lease under a heading reading "Parking" or "Parking Rules" in capitalized, underlined, or bold print.

Source: Tex. Prop. Code §92.0131

Ownership and management disclosure

On a tenant’s request, the landlord has 7 days to disclose in writing the record owner’s name and address and any off-site management company. Including the information in the lease itself satisfies the duty up front — our template has a field for it.

Source: Tex. Prop. Code §92.201

Lead-based paint (federal, pre-1978 buildings)

For housing built before 1978: disclose known lead-based paint hazards, provide the EPA pamphlet "Protect Your Family From Lead in Your Home," and include the federal lead warning language.

Source: 42 U.S.C. §4852d

Frequently asked questions

How much security deposit can a landlord charge in Texas?

Texas does not set a statutory cap on the security deposit, so the amount is negotiable — but it must be returned within 30 days after you move out (as of 2026). Source: Tex. Prop. Code §92.103.

Is this lease valid in Texas?

A written lease that identifies the parties, the property, the term, and the rent is generally enforceable in Texas once both sides sign. What it cannot do is contract around Texas law: the deposit rules, entry notice, and habitability duties below apply whether or not the lease mentions them.

Can a landlord charge late fees in Texas?

Only if in written lease, reasonable, and rent unpaid two full days after due date; safe harbor 12% of rent (≤4 units in structure) or 10% (>4 units). Source: Tex. Prop. Code § 92.019 (Acts 2019, S.B. 1414, eff. Sept. 1, 2019).

Can a tenant repair and deduct rent in Texas?

Permitted after statutory notices and landlord failure (§ 92.056); deduction capped at the greater of one month's rent or $500 per month. Source: Tex. Prop. Code § 92.0561(b).

What does a landlord have to disclose in Texas?

Under Texas law: Floodplain & flood history notice (mandatory text) (Tex. Prop. Code §92.0135); Repair remedies in underlined or bold print (Tex. Prop. Code §92.056(g), §92.0561); Late fees only if disclosed in the written lease (Tex. Prop. Code §92.019); Vehicle towing & parking rules (multiunit complexes) (Tex. Prop. Code §92.0131); Ownership and management disclosure (Tex. Prop. Code §92.201); Lead-based paint (federal, pre-1978 buildings) (42 U.S.C. §4852d). Federal and local rules can add more; each item on this page links to the law it comes from.

How does Texas compare? See the security deposit limits in all 50 states, every figure cited to statute.

How Texas compares

Computed from our 51-jurisdiction dataset (as of 2026). Source for Texas: Tex. Prop. Code §92.103 ↗.

  • Texas is one of 22 of 51 jurisdictions that set no statutory cap on the security deposit (29 cap the deposit by statute).
Deposit return deadline

Deposit return deadline: 30 days, exactly the national median.

This is the most common figure nationally — shared by 26 other states.

Deposit return deadline in neighboring states — Arkansas (60 days), Louisiana (30 days), New Mexico (30 days), Oklahoma (45 days).

Notice to end a month-to-month tenancy

Notice to end a month-to-month tenancy: 30 days, exactly the national median.

This is the most common figure nationally — shared by 39 other states.

Notice to end a month-to-month tenancy in neighboring states — Arkansas (30 days), Louisiana (10 days), New Mexico (30 days), Oklahoma (30 days).

The rest of what Texas requires

The figures below are Texas's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Texas page for that document.

Where you file · as of 2026
Justice Court (Justice of the Peace Court) · filing fee Set per county: $54 base filing fee under Tex. Loc. Gov't Code §118.121, plus service of citation (typically ~$75-$85 per defendant, set locally), so total upfront cost is commonly $130-$160. Confirm with the county's JP precinct clerk. Tex. Gov't Code § 27.031; Tex. R. Civ. P. 500-507 ↗
Rental application fee · as of July 2026
No statutory limit Texas Statutes ↗
LLC operating agreement · as of 2026
Not required by statute, but it controls over the default rules Tex. Bus. Orgs. Code §§ 101.001(1), 101.052 ↗
Recording a deed · as of 2026
County Clerk (Tex. Prop. Code § 12.001(b)(2); recording in the county where the land lies) · no witnesses Tex. Prop. Code § 12.001; § 5.021 (conveyance must be in writing, subscribed and delivered); § 13.006 (quitclaim/BFP rule) ↗

Lease agreement in other states

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