Generally, the primary purpose of drafting a Texas Lease Agreement is to document the terms and rent payment details associated with a tenancy. By signing a lease, both parties acknowledge and memorialize the terms of the arrangement, providing legal protection for everyone involved. You can tap or click the button that says "Make document" to check out our Texas Rental Contract sample. Suited for any residential property type, our rental agreement for Texas can be used by property owners in Houston, San Antonio, Dallas, or any other city in the Lone Star State.
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Residential Lease Agreement
This Lease Agreement (the "Agreement") is made and entered on (the "Effective Date") by and between (the "Landlord") and the following tenants:
Subject to the terms and conditions stated below the parties agree as follows:
. Property. Landlord, in consideration of the lease payments provided in this Agreement, leases to Tenant the following: (the "Property") located at , , . No other portion of the building (hereinafter, the Building), wherein the Property is located is included unless expressly provided for in this Agreement.
. Term. This Agreement will begin on (the "Start Date"), and will continue from that date as a month-to-month tenancy. If at any time Tenant desires to terminate the tenancy, Tenant may do so by providing to Landlord written notice of intention to terminate. Such notice to terminate must be provided to Landlord at least 30 days prior to the desired date of termination of the tenancy. Landlord may terminate the tenancy by giving written notice as provided by law. This Agreement will begin on (the "Start Date") and will terminate on (the "Termination Date"), and thereafter will be month-to-month on the same terms and conditions as stated herein, save any changes made pursuant to law, until terminated..
Tenant will vacate the Property upon termination of the Agreement, unless: (i) Landlord and Tenant have extended this Agreement in writing or signed a new agreement; (ii) mandated by local rent control law; or (iii) Landlord accepts Rent from Tenant (other than past due Rent), in which case a month-to-month tenancy will be created which either party may terminate as specified above. by Tenant giving Landlord written notice of at least 30 days prior to the desired termination date, or by Landlord giving Tenant written notice as provided by law. Rent will be at a rate agreed to by Landlord and Tenant, or as allowed by law. All other terms and conditions of this Agreement will remain in full force and effect.
. Management. The Tenant is hereby notified that is the property manager of the Property. Should the Tenant have any issues or concerns, the Tenant may contact by one of the methods below: The Tenant is hereby notified that is the property manager of the Property. Should the Tenant have any issues or concerns, the Tenant may contact by one of the methods below:
. Rent. Tenant will pay to Landlord lease payments of , payable in advance on the day of each calendar month, and is delinquent on the next day. Tenant will pay to Landlord lease payments of , payable in advance on the day of each , and is delinquent on the next day. There will be no rent increases through the initial term of the lease. Landlord may increase the rent that will be paid during any month-to-month renewal period by providing at least 30 days written notice to Tenant.
Payments should be sent to:
Payment address: , , , or at such other place as Landlord may designate from time to time.
Payments can be made by using one of the following methods of payment:
Acceptable forms of payment:
Tenant agrees to submit rent payments by one of the methods above. In the event that the Property is shared by roommates, or of another form of joint or multiple occupancy, Tenant will be responsible for collecting payment from all parties and submitting a single payment to Landlord. Tenant is responsible for any payment made by mail and not received by the due date stated herein. Mailed payments must be received on or before the due date. Rent payments for any partial month will be pro-rated at the rate of 1/30th of the monthly rent payment per day.
. Security Deposit. At the time of signing this Agreement, tenant must deposit with Landlord the sum of (the "Security Deposit"). Security Deposit has the meaning assigned to that term in § 92.102, Texas Property Code. No interest or income will be paid to Tenant on the Security Deposit. Landlord may place the Security Deposit in an interest-bearing or income-producing account and any interest or income earned will be paid to Landlord or Landlord's representative. Tenant must give Landlord at least thirty (30) days' written notice of termination of tenancy before Landlord is obligated to refund or account for the Security Deposit.
Notice about Security Deposits:
a)§ 92.108, Texas Property Code provides that a tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent.
b)Bad faith violations of § 92.108 may subject a tenant to liability up to 3 times the rent wrongfully withheld and the landlord's reasonable attorney's fees.
c)The Texas Property Code does not obligate a landlord to return or account for the security deposit until the tenant vacates the Property and gives the landlord a written statement of the tenant's forwarding address, after which the landlord has sixty (60) days in which to account.
. Non-Sufficient Funds. Tenant will be charged a monetary fee of $25.00 as reimbursement of the expenses incurred by Landlord for each check that is returned to Landlord for lack of sufficient funds. In addition, a check returned due to insufficient funds will be subject to any and all late payments provisions included in this Agreement (if any). All charges will be immediately due from Tenant and failure to make immediate payment will constitute a default under the terms of this Agreement.
Landlord reserves the right to demand future payments by cashier's check, money order or certified funds on all future payments in the event of a check returned for insufficient funds. Nothing in this paragraph limits other remedies available to the Landlord as a payee of a dishonored check.
. Late Payments. For any payment that is not paid within days after its due date, Tenant must pay a late fee in the amount of . The late fee is a cost associated with the collection of rent and the Landlord's acceptance of a late charge does not waive Landlord's right to exercise remedies under the "Default" section of this Agreement. This section is governed by Texas Property Code § 92.019.
. Failure to Pay. Tenant is hereby notified that a negative credit report reflecting on Tenant's credit history may be submitted to a credit reporting agency if Tenant fails to fulfill the terms of their credit obligations, such as their financial obligations under the terms of this Agreement.
. Occupants. No more than person(s) may reside on the Property unless the prior written consent of the Landlord is obtained.
This Lease and occupancy of the Property is binding, individually and severally, on each person(s) specifically named and who signs this Lease, regardless of the named person's occupancy of the Property.
Tenant may have guests on the Property for not over consecutive days or days in a calendar year, and no more than two guests per bedroom at any one time. Persons staying more than consecutive days or more than days in any calendar year will NOT be considered original occupants of the Property. Tenant must obtain the prior written approval of Landlord if an invitee of Tenant will be present at the Property for more than consecutive days or days in a calendar year.
. Possession. Tenant will be entitled to possession of the Property on the first day of the term of this Agreement, and will yield possession to Landlord on the last day of the term of this Agreement, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant will remove its goods and effects and peaceably yield up the Property to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted.
. Use of Property/Absences. Tenant will occupy and use the Property as a full-time residential dwelling unit. Tenant will notify Landlord of any anticipated extended absence from the Property not later than the first day of the extended absence.
No retail, commercial or professional use of the Property is allowed unless the Tenant receives prior written consent of the Landlord and such use conforms to applicable zoning laws. In such case, Landlord may require Tenant obtain liability insurance for the benefit of Landlord. Landlord reserves the right to refuse to consent to such use in its sole and absolute discretion.
The failure to abide by the provisions of this section will constitute a material breach of this Agreement and is a just cause for eviction.
. Furnishings. The following furnishings will be provided by Landlord:
Tenant will return all such items at the end of the term in a condition as good as existed at the beginning of the lease term, normal wear and tear excepted.
. Damages. Any damages to the following items of property located in or on the Property will result in a charge to the Tenant as indicated herein:
. Appliances. The following appliances will be provided by Landlord:
Tenant will return all such items at the end of the term in a condition as good as existed at the beginning of the lease term, normal wear and tear excepted.
. Storage. During the term of this lease, tenant shall be entitled to store items of personal property in . The right to storage space is not included in the Rent charged pursuant to "Rent; Lease Payments." The storage space fee shall be an additional per month. Tenant will store only personal property Tenant owns, and will not store property claimed by another or in which another has any right, title or interest. Tenant will not store any improperly packaged food or perishable goods, flammable materials, explosives, hazardous waste or other inherently dangerous material, or illegal substances. Landlord will not be liable for loss of, or damage to, such stored items. No additional storage space outside the Property is provided or authorized by this Lease. Tenant shall not store any property in any area outside of the rented Property at any time.
. Parking. Parking is permitted as follows: tenant shall be entitled to use parking space(s) for the parking of motor vehicle(s). The parking space(s) provided are identified as . The right to parking is not included in the Rent charged pursuant to "Rent; Lease Payments." The parking rental fee shall be an additional per month. Parking space(s) are to be used for parking properly licensed and operable motor vehicles, except for trailers, boats, campers, buses or trucks. Tenant shall park in assigned space(s) only. Parking space(s) shall be kept clean at all times. Vehicles leaking oil, gas, or other motor vehicle fluids shall not be parked on the Property. Mechanical work or storage of inoperable vehicles is not permitted in parking space(s) or elsewhere on the Property. This Lease does not include or provide for parking spaces for motor vehicles or motorcycles anywhere in or about the Premises and or Building.
. Roof/Fire Escapes. Use of the roof and/or the fire escapes by Tenants and/or guests is limited to emergency use only. No other use is permitted, including but not limited to, the placement of personal property.
. Pets.No pets, dogs, cats, birds, fish or other animals shall be allowed on the Property, even temporarily or with a visiting guest. As required by law, Service Animal(s) are the only exception to this rule. No pets, dogs, cats, birds, fish or other animals shall be allowed on the Property, even temporarily or with a visiting guest, without prior written consent of Landlord. As required by law, Service Animal(s) are the only exception to this rule. If a pet has been in a Tenant's apartment or allowed into the building, even temporarily (with or without Landlord's permission) Tenant may be charged for cleaning, de-fleaing, deodorizing or shampooing any portion of the building or Property at the discretion of Landlord.Tenant is permitted to have pets, subject to the following limitations:
Strays shall not be kept or fed in or about the Property. Strays can be dangerous and Landlord must be notified immediately of any strays in or about the Property.
. Keys and Locks. Landlord confirms the Property is in compliance with the lock and security device requirements outlined in Tex. Property Code, Chapter 92, Subchapter D. Landlord has or will rekey the property within 7 days of the Tenant moving in to the property. Tenant will be given key(s) to the Property and mailbox key(s). If all keys are not returned to Landlord following termination of the Lease, Tenant shall be charged . Tenant is not permitted to change any lock or place additional locking devices on any door or window of the Property without Landlord's approval prior to installation. If allowed, Tenant must provide Landlord with keys to any changed lock immediately up installation. Tenant will be responsible for any fees or costs associated with any Tenant requests to rekey the property or replace a security device.
. Lockout. If Tenant becomes locked out of the Property, Tenant will be charged to regain entry.
. Smoking. Smoking is permitted inside the leased Premise and throughout the Property. The Tenant will be liable for any damages caused to the Premises or Property due to Tenant or Tenant's visitors or guests smoking in the Premises or Property. Smoking is permitted inside the leased Premises. Smoking is authorized only in designated smoking areas specifically identified throughout the Property, including:Smoking is not permitted inside the leased Premises. Smoking is authorized only in designated smoking areas specifically identified throughout the Property, including: Smoking is prohibited in any area in or on the Premises and on the Property, both private and common, whether enclosed or outdoors. This policy applies to all owners, tenants, guests, employees, and servicepersons. The Tenant will be liable for any damages caused to the Premises or Property due to Tenant or Tenant's visitors or guests smoking in the Premises or Property. Any violation of this policy will be seen as a breach of this contract and Landlord will be entitled to all remedies allowable by law including eviction.
. Smoke Detectors. The Landlord is responsible for ensuring the Property is equipped with smoke detectors in their proper location as required by Texas Property Code, Chapter 92, Subchapter F. Any requests for additional smoke detectors must be in writing. Tenant may be subject to civil liability for damages and attorney fees under Texas Property Code § 92.2611 due to damage to the Property should the Tenant disconnect, intentionally damage the smoke detector, or remove the battery without immediately replacing it with a working battery.
. Maintenance and Repairs. Landlord shall have the responsibility to maintain the Property in reasonably good repair at all times and perform all repairs reasonably necessary to satisfy any implied warranty of habitability except that Tenant will be responsible for: .
Tenant will, at Tenant's expense, and at all times maintain the Property in a clean and sanitary manner including all furniture, furnishings, and appliances therein and will surrender the same upon termination of tenancy in the same condition received, except for normal wear and tear. Tenant will be responsible for all damages in about the Property caused by Tenant's negligence and that of their family or invitees or guests. Tenant will immediately notify Landlord, in writing, of any problem, malfunction, or damage. Landlord believes the Property is in a habitable condition until written notice to the contrary is received by Landlord.
In the event Tenant hires or employs an independent contractor to complete repairs or improvements to the Property without written consent from Landlord, and the work and method of the contractor is found to be unsatisfactory and to have caused additional damage, Tenant will be responsible for the cost of redoing the work and to correct the damages.
Except in an emergency, all maintenance and repair requests must be made in writing and delivered to Landlord or property manager. If Tenant is delinquent in rent at the time a repair notice is given, Landlord is not obligated to make the repair. A repair request will be deemed permission for the Landlord or property manager to enter the Property to perform such maintenance or repairs in accordance with this Agreement unless otherwise specifically requested, in writing, by Tenant. Tenant may not place any unreasonable restrictions upon Landlord or property manager's access or entry. Landlord will have expectation that the Property is in a safe and habitable condition upon entry.
Notice: If Landlord fails to make a requested repair that materially affects the physical health or safety of an ordinary tenant as required by this lease or the Texas Property Code, Tenant may be entitled to exercise remedies under Texas Property Code §§ 92.056 and 92.0561. Tenant should not exercise the remedies outlined in Texas Property Code §§ 92.056 and 92.0561 without consulting an attorney or carefully reviewing the procedures under the applicable sections. The Texas Property Code finds 7 days a reasonable period of time for the Landlord to repair a condition unless there are extenuating circumstances which warrant a different period of time is more appropriate. Failure to strictly follow the procedures outlined in the applicable sections of the Texas Property Code may cause Tenant to be in default of the lease.
. Utilities and Services. Landlord shall be responsible for all utilities and services incurred in connection with the Property.Tenant shall be responsible for all utilities and services incurred in connection with the Property.
Water and Sewer
Water and Sewer
Notice: Before signing this Agreement, Tenant should determine if all necessary utilities are available to the Property and are adequate for Tenant's use.
. Default. Tenant shall be in default of this Lease if Tenant fails to fulfill any lease obligation or term by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation within days (or any other obligation within days) after written notice of such default is provided by Landlord to Tenant, Landlord may elect to cure such default and the cost of such action shall be added to Tenant's financial obligations under this Lease, including reasonable attorneys' fees. All sums of money or charges required to be paid by Tenant under this Lease shall be additional rent, whether or not such sums or charges are designated as "additional rent". The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law.
. Termination upon Sale of Property. Notwithstanding any other provision of this Agreement, Landlord may terminate this Agreement upon days' written notice to Tenant that the Property has been sold.
. Early Termination. Tenant may, upon days' written notice to Landlord, terminate this Agreement provided that the Tenant pays a termination fee equal to or the maximum allowable by law, whichever is less. Termination will be effective as of the last day of the calendar month following the end of the day notice period. The termination fee is in addition to all rent due up until the termination day.
. Holding Over. Should the Tenant hold over the term hereby created with consent of the Landlord, the term of this lease will become a month-to-month tenancy and be deemed to be and be extended at the rental rate herein provided, and otherwise upon the terms and conditions in this Agreement, until either party hereto serves upon the other thirty (30) days written notice of termination, reflecting the effective date of cancellation.
. Military Termination. In the event, the Tenant is, or hereafter becomes, a servicemember or a dependent of a servicemember, Tenant may terminate this Agreement by delivering to Landlord a written notice of termination and a copy of an appropriate government document providing evidence of: (a) entrance into military service; (b) military orders for a permanent change of station (PCS); or (c) military orders to deploy with a military unit for not less than 90 days. Termination is effective on the 30th day after the first date on which the next rental payment is due after the date on which the notice is delivered. This section is governed by Texas Property Code § 92.017.
. Family Violence Termination. Tenant may terminate this Agreement if Tenant obtains and provides Landlord with a copy of a court order described under Texas Property Code § 92.016, protecting Tenant or an occupant from family violence committed by a cotenant or occupant of the Property. This section is governed by Texas Property Code § 92.016.
. Condition of Property. Tenant stipulates, represents and warrants that Tenant has examined the Property and accepts it "AS-IS," the Property being currently in good order, repair, and in a safe, clean and tenantable condition.
Tenant's Initials. __________
. Alterations and Improvements. Tenant will make no alterations to the buildings or improvements to the Property or construct any building or make any other improvements on the Property without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Property by Tenant will, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Property at the expiration or earlier termination of this Agreement.
. Personal Property Remaining on Property. It is Tenant's responsibility to remove all personal property items at the time of vacating the Property. Any items remaining on the Property may be disposed of in the trash or landfill, donated to charitable organizations, or stored and/or sold in accordance with Texas Property Code § 54.045(b)-(e) by the Landlord without Tenant's consent. Tenant is required to reimburse Landlord for any expenses or reasonable costs associated with packing, removing, storing, and/or selling the personal property left on the Property after the property was vacated.
. Hazardous Materials. Tenant will not keep on the Property any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Property or that might be considered hazardous or extra hazardous by any responsible insurance company.
. Radon Gas Disclosure. As required by law, Lessor makes the following disclosure: Radon Gas is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have not been found in buildings in the vicinity of the Property. Additional information regarding radon and radon testing may be obtained from the county public health unit.
. Lead Disclosure. Many homes and apartments built before 1978 have paint that contains lead (called lead-based paint). Lead from paint chips and dust can pose serious health hazards if not taken care of properly. Federal law requires that tenants and lessees receive certain information before renting pre-1978 housing. By signing this Agreement, Tenant represents and agrees that Landlord has provided Tenant with such information, including, but not limited to, the EPA booklet entitled Protect Your Family from Lead in Your Home.
. Megan's Law Disclosure. The Texas Department of Public Safety maintains a database that the public may search, at no cost, to determine if registered sex offenders are located in certain areas (see www.txdps.state.tx.us under services). For more information concerning past criminal activity in certain areas, contact the local police department.
. Casualty Loss or Condemnation. If the Property is damaged by fire or other casualty or is condemned, then either Landlord or Tenant may terminate this Agreement by notifying the other party. Any prepaid Rent will be returned to the Tenant on termination. Texas Property Code § 92.054 governs the rights and obligations of the parties regarding a casualty loss to the Property. Any proceeds, payment for damages, settlements, awards, or other sums paid because of a casualty loss to the Property will be Landlords sole property.
. Landlord Access to Property. Landlord and Landlord's agents will have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Property for the purpose of inspecting the Property and all buildings and improvements thereon. Tenant will make the Property available to Landlord or Landlord's agents for the purposes of making repairs or improvements, or to supply agreed services or show the Property to prospective buyers or tenants, or in case of emergency. Except in case of emergency, Landlord will give Tenant reasonable notice of intent to enter. For these purposes, twenty four (24) hour written notice will be deemed reasonable.
. Indemnity Regarding Use of Property. To the extent permitted by law, Tenant agrees to indemnify, hold harmless, and defend Landlord from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Landlord may suffer or incur in connection with Tenant's possession, use or misuse of the Property, except Landlord's act or negligence. Tenant hereby expressly releases Landlord and/or agent from any and all liability for loss or damage to Tenant's property or effects whether on the Property, garage, storerooms or any other location in or about the Property, arising out of any cause whatsoever, including but not limited to rain, plumbing leakage, fire or theft, except in the case that such damage has been adjudged to be the result of the gross negligence of Landlord, Landlord's employees, heirs, successors, assignees and/or agents.
. Accommodation. Landlord agrees to and is committed to complying with all applicable laws providing equal housing opportunities. To ensure compliance, Landlord will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or a tenant, unless undue hardship would result. It is the applicant or tenant's responsibility to make Landlord aware of any required accommodation. In writing, the individual with the disability should specify the nature and effect of the disability and any accommodation he or she needs. If after thoughtful consideration and evaluation, the accommodation is reasonable and will not impose an undue hardship, Landlord will make the accommodation. Landlord reserves the right to require appropriate medical verification of the disability.
. Compliance with Regulations. Tenant will promptly comply with all laws, ordinances, requirements and regulations of the federal, state, county, municipal and other authorities, and the fire insurance underwriters. However, Tenant will not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature.
. Mechanics Liens. Neither Tenant nor anyone claiming through the Tenant will have the right to file mechanics liens or any other kind of lien on the Property and the filing of this Agreement constitutes notice that such liens are invalid. Further, Tenant agrees to (1) give actual advance notice to any contractors, subcontractors or suppliers of goods, labor, or services that such liens will not be valid, and (2) take whatever additional steps that are necessary in order to keep the Property free of all liens resulting from construction done by or for the Tenant.
. Residential Landlord's Lien. Landlord will have a lien for unpaid rent against all of Tenant's nonexempt personal property. Landlord may seize any nonexempt personal property if the Tenant fails to pay rent. Landlord and Tenant's rights under the Landlord's Lien are described in Texas Property Code, Chapter 54, Subchapter C. Tenant is required to reimburse Landlord for any expenses or reasonable costs associated with packing, removing, storing, and/or selling the nonexempt personal property. Landlord may sell or dispose of the property in accordance with the guidelines set forth in Texas Property Code § 54.045.
. Texas Property Code. Landlord and Tenant each acknowledge that chapter 92 of the Texas Property Code, which deals with residential tenancies, affords certain rights and imposes certain duties on them.
. Subordination of Lease. This Agreement is subordinate to any mortgage that now exists, or may be given later by Landlord, with respect to the Property.
. Assignment and Subletting. Tenant may not assign or sublease any interest in the Property, nor assign, mortgage or pledge this Agreement, without the prior written consent of Landlord, which will not be unreasonably withheld. No person other than those listed in the Occupants section of this Agreement will be permitted to regularly or continuously occupy the Property, unless Tenant notified Landlord in writing, signed by every Tenant, stating a request to have a new individual occupy the Property. The prospective occupant must complete and provide Landlord with a rental application and Landlord must approve the prospective occupants creditworthiness and references from prior landlords, and the prospective occupant signs Landlord's standard form Sub-Tenancy Agreement for such occupancy before occupying the Property, which agreement will include a provision that the new occupant will abide by and perform all the obligations of this Agreement. In the event that Landlord consents to any sub-tenancy, original Tenant may not charge more to the sub-tenant(s) than that proportional share of the rent which is being charged by and paid to Landlord. No action or inaction or acceptance of rent or knowledge on the part of Landlord will be deemed to be a waiver of this provision on the part of Landlord and will not be deemed an approval of any person as a sub-tenant for any purpose. Tenant may not assign or sublease any interest in the Property, nor assign, mortgage or pledge this Agreement, without the prior written consent of Landlord, which MAY be unreasonably withheld. This is a blanket prohibition, meaning no replacement tenant(s) will be permitted and no additional tenant or occupant will be allowed on the Property even if a Tenant leaves the Property. This prohibition applies to each and every term of this Agreement in regard to space leased to Tenant. Any waiver of this prohibition must be secured from the Landlord in writing, and the consent of which Landlord may withhold in its sole and absolute discretion. In the event the prohibition is invalidated or lifted, Tenant, Landlord and any subtenant or assignee agrees to be bound by each and every provision contained in this Agreement.
. Additional Provisions; Disclosures.
. Notice. Notice under this Agreement will not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed to the party at the appropriate address set forth below. Such addresses may be changed from time to time by either party by providing notice as set forth below. Notices mailed in accordance with these provisions will be deemed received on the third day after posting.
, , Texas
Such addresses may be changed from time to time by any party by providing notice as set forth above.
. Dispute Resolution. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
. Venue and Governing Law. Exclusive venue is in the county where the Property is located.This Agreement will be governed, construed and interpreted by, through and under the Laws of the State of Texas.
. Waiver and Severability. The failure of either party to enforce any provisions of this Agreement will not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. If any provision of this Agreement or the application thereof will, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances will be affected thereby, but instead will be enforced to the maximum extent permitted by law.
. Time of Essence. Time is of the essence with respect to the execution of this Lease Agreement.
. Estoppel Certificate. Tenant will execute and return a tenant estoppel certificate delivered to Tenant by Landlord or Landlord's agent within three (3) days after its receipt. Failure to comply with this requirement will be deemed Tenant's acknowledgment that the estoppel certificate is true and correct, and may be relied upon by a lender or purchaser.
. Entire Agreement. This document constitutes the entire Agreement between the Tenant and Landlord. This Agreement cannot be modified except in writing and must be signed by all parties. Neither Landlord nor Tenant have made any promises or representations, other than those set forth in this Agreement and those implied by law. The failure of Tenant or its guests or invitees to comply with any term of this Agreement is grounds for termination of the tenancy, with appropriate notice to Tenants and procedures as required by law.
. Application. Tenant represents and warrants that all statements in Tenant's rental application are accurate. Any misrepresentations will be considered a material breach of this Agreement and may subject Tenant to eviction. Tenant authorizes Landlord and any broker to obtain Tenant's credit report periodically during the tenancy in connection with the modification or enforcement of this Lease. Landlord reserves the right to terminate this Agreement (i) before occupancy begins, (ii) upon disapproval of the credit report(s), or (iii) at any time, upon discovering that information in Tenant's application is false.
. Binding Effect. The provisions of this Agreement will be binding upon and inure to the benefit of parties and their respective legal representatives, successors and assigns.
IN WITNESS WHEREOF, the Landlord and Tenant have executed this Agreement in the manner prescribed by law as of the Effective Date.
By Signing above Landlord hereby acknowledges receipt and Tenant acknowledges the payment of the following:
Texas Lease Agreement
, , Texas
Tenant has inspected the Property and states that the Property is in satisfactory condition, free of defects, except as noted below:
Acknowledged by Landlord:
Texas Lease Agreement
Disclosure of Information on Lead-Based Paint
or Lead-Based Paint Hazards
Lead Warning Statement
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on poisoning prevention.
(a) Presence of lead-based paint and/or lead-based paint hazards (Check (i) or (ii) below):
(b) Records and reports available to the landlord (Check (i) or (ii) below):
Tenant's Acknowledgment (initial)
(c) _____ Tenant has received copies of all information listed above.
(d) _____ Tenant has received the pamphlet Protect Your Family From Lead In Your Home.
Agent's Acknowledgment (initial)
* The term Agent is defined as any party who enters into a contract with the Landlord, including anyone who enters into a contract with a representative of the Landlord for the purpose of leasing housing.
(e) _____ Agent has informed the landlord of the landlord's obligations under 42 U.S.C. 4852(d) and is aware of his/her responsibility to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.
Acknowledged by Landlord/Agent:
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In addition to a local attorney, there are several sources of information that may be available to provide you with additional information about the landlord/tenant laws of your state and city. Many cities have housing authorities or other governmental divisions that provide useful information. Also, some civil rights groups have information available related to housing needs and laws. Also, consider low-income housing groups and legal services organizations. Often, these groups have a broad range of experience with landlord/tenant issues and can provide both advice and information at minimal or no cost.
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Texas Lease Agreement FAQs
Will my Texas Rental Agreement be legally binding under local law?
As with any legal contract, a Texas Residential Lease Agreement will not be legally binding until it is signed by the landlord and all tenants. Unlike many other websites that you may come across, Rocket Lawyer offers much more than any run-of-the-mill Texas Lease Agreement template or fillable PDF that you could find elsewhere. If the lessee won't pay or there's another problem related to your Texas Rental Agreement, your membership provides optional access to Document Defense® protection.
Why do landlords use Texas Rental Contracts?
No matter how few days or months the rental will last, it is critical to capture in writing the details of your commitments to the tenant. Signing this document will most likely be a smart move because of this list of benefits:
There are no surprises about how long the lease lasts
All parties understand their responsibilities
Everyone knows when rent payments are expected
Ultimately, if you and/or the renter fail to sign this document, you might not get to enjoy any of the aforementioned benefits and protections.
How is a Residential Lease Agreement template for Texas usually structured?
The basic details that you may be prompted to include in the Texas Lease Agreement are:
The address and description of your property
The name, address, and telephone number of the landlord (or an agent of the landlord) who is authorized to receive notices
The name, address, and telephone number of the person or entity who should receive rent payments, along with the accepted methods of payment
Your tenant's contact information
How much you will charge
How long the rental will last
What utilities and/or services are included
As you might expect from a contract like this one, any Texas Lease Agreement made with Rocket Lawyer will also contain policies about overdue payments, visitors, smoking and/or narcotics, pets/animals, and moving out before the lease ends. While building your rental contract, you also will have the ability to add more details related to maintenance procedures, insurance requirements, and furnishings. State law also requires that residential leases in Texas include references to the Texas Property Code sections that govern residential tenancies. With the Rocket Lawyer document tool, you are able to make additional modifications, if needed.
How can I make a lease for a Texas rental property online for free?
With Rocket Lawyer, every Texas Lease Agreement that you create will be tailored to you. Simply tap or click the "Make document" button above and respond to a few basic questions. You may also consider asking an Rocket Lawyer network attorney to read it over once you have created it. This method, in most cases, would be notably less time-consuming than meeting and hiring a conventional provider, whose fees could total anywhere from hundreds of dollars to thousands, if the matter is complex.
Do lease agreements need to be notarized in Texas?
No, a Texas Lease Agreement does not need to be notarized, it simply needs to be signed by both the landlord and the tenant. As a best practice, be sure to send a final copy of the fully signed agreement to the tenant. RocketSign® can help you manage the signing process online. As a Rocket Lawyer member, you also will be able to print it out, copy it, and download it as a Word document or PDF file as necessary. You might also like to check out the other real estate documents in our library.
How will Texas rental laws impact my TX lease contract?
Laws are continually evolving. If you have any particular hesitations or concerns in connection to Texas rental laws, you can always ask an attorney . Seeking out an attorney to comment on your Texas Lease Agreement may be costly. Certain lawyers may not even accept requests to review your rental contract if they didn't work on it. In the event that an attorney does offer advice, they most likely would still demand a fee to do so. An easier way to get a second pair of eyes on your document would be to request help from attorney services at Rocket Lawyer. With a Premium membership, you can get your contracts evaluated by an Rocket Lawyer network attorney with landlord-tenant experience. Whether you decide to make Texas Lease Contracts or other legal documents for landlords, we're by your side.
Is Texas a good state in which to become a real estate investor?
The reply could depend on your specific needs; but, regardless of where you are, there are a few factors to note as you decide whether or not investing in real estate is right for you. They include: mandated disclosures, any restrictions on deposits and pet rent, the breadth of tenants' rights, and, ultimately, how challenging it might be to evict a tenant if there are issues. That said, Texas is home to popular destinations like the Alamo, the San Antonio River Walk, and the Houston Space Center as well as colleges and universities like Rice University, the University of Texas, and Texas A&M University, so you shouldn't experience any shortage of potential tenants if your property is close to them.
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