Texas Leases and Rental Agreements Laws
Created by FindLaw's team of legal writers and editors | Last reviewed September 20, 2017
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
Lease and Rental Agreements in General
State laws regulate the relationship between landlords and tenants, including key issues such as limits on security deposits and anti-discrimination laws. When you add your signature to a lease (or rental agreement), you are agreeing to a contract with the property owner. Rental agreements generally provide protections for both parties; and if either party breaks the lease, he or she may be held liable for breach of contract and would have to compensate the other party for damages incurred.
While state law governs certain requirements of lease agreements, leases tend to vary quite a bit from one landlord to the next. In general, leases include the following elements:
- Names of parties involved (tenant and landlord, mainly)
- Address and description of property
- Length of the lease
- Amount of rent (and date it is due each month)
- Amount of security deposit
- Procedure for requesting repairs or maintenance
- Whether pets are allowed
Texas Lease and Rental Agreements
In Texas, leases and rental agreement laws place no limits on security deposits but require landlords to return deposits (minus the amount used for cleaning and repairs) within 30 days of lease termination. Other than the usual anti-discrimination protections found under federal law, Texas also prohibits bias on the basis of familial status.
Learn more about Texas leases and rental agreement laws in the table below. For more information, please see FindLaw's Rental and Lease Agreements section.
|Code Section||Prop. §§92.101, et seq.; Prop. 301.001, et seq.|
|Terms of Leases||Holdover implies an agreement between landlord and tenant; normally lease for 1 year will be implied absent express or implied contrary agreement (Barragan v. Munoz, 525 S.W. 2d 559 (1975))|
|Deposits||No limit on deposit; interest on deposit required; deposit must be returned within 30 days of termination|
|Discrimination||No discrimination on basis of race, color, religion, sex, familial status, national origin; housing for older persons exempted|
|Uniform Residential Landlord & Tenant Act Adopted?||No|
Note: State laws are constantly changing -- contact a Texas landlord / tenant attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law
- Texas Law
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
Texas Leases and Rental Agreements Laws: Related Resources
- Top 10 Lease Terms You Should Have When Renting
- Tenant Lease Agreement FAQs
- Standard Lease Provisions
- Real Estate Center: Tenants' Rights
- Find a Landlord-Tenant Attorney
Get a Free Evaluation of Your Landlord-Tenant Legal Issue
Everyone deserves to live in a dignified manner, which includes having the terms of your lease honored by your landlord. In return, you're also expected to play by the rules. If you have a legal dispute pertaining to your lease or rental agreement, consider getting a free legal evaluation of your situation by a Texas real estate attorney.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.