What clauses are required in a Texas Lease Agreement?

Texas law requires specific provisions including: Security Deposit Return Requirements, Property Condition Disclosure, Lock Change Rights. Contract.DIY automatically includes all mandatory clauses with proper legal citations when generating your Lease Agreement.

What terms are prohibited in a Texas Lease Agreement?

Under Texas law, certain provisions are void or unenforceable, including: Waiver of tenant's right to security deposit return or itemized accounting; Waiver of landlord's duty to repair conditions affecting health or safety. Contract.DIY is built to avoid these terms and will warn you if your description suggests including something that's not legally permissible.

How does Contract.DIY ensure my Lease Agreement complies with Texas law?

Every generated contract goes through 10 automated compliance checks specific to Texas. These cover mandatory provisions, prohibited terms, proper citations, and formation requirements. Any issues are flagged before you download.

Can I use this Lease Agreement template outside of Texas?

This template is specifically tailored to Texas law. Using it in another jurisdiction may result in missing requirements or including provisions that don't apply. We recommend generating a new contract with the correct jurisdiction selected for full compliance.

Texas Lease Agreement — Free Template Generator

Key legal considerations

You are generating a residential lease agreement governed by Texas law. KEY TEXAS SPECIFICS: (1) Security deposits must be returned within 30 days with an itemized accounting of deductions (Tex. Prop. Code § 92.103). Bad faith retention triggers penalties of $100 + 3x wrongful amount + attorney's fees. (2) Landlords have a statutory duty to repair conditions materially affecting health or safety (§ 92.052). (3) Texas has NO rent control — state law preempts local rent control ordinances (§ 214.902). (4) Tenants have the right to request lock changes (§§ 92.151-92.170). (5) Smoke detectors are mandatory (§§ 92.251-92.262). (6) Landlords have statutory lien rights on tenant's nonexempt property for unpaid rent (§ 54). (7) Certain tenant rights cannot be waived in the lease (§ 92.006). (8) Texas allows landlord lockouts for delinquent rent under strict conditions (§ 92.0081).

What's required

Mandatory clauses for a valid lease agreement under Texas law.

Security Deposit Return Requirements
Tex. Prop. Code § 92.103–92.109
Property Condition Disclosure
Tex. Prop. Code § 92.052
Lock Change Rights
Tex. Prop. Code §§ 92.151–92.170; § 92.0081
Smoke Detector Requirements
Tex. Prop. Code §§ 92.251–92.262

What's prohibited

Terms and provisions that are void or unenforceable under Texas law.

Waiver of tenant's right to security deposit return or itemized accounting
Texas Property Code § 92.006 prohibits lease provisions that waive a tenant's right to security deposit return and accounting requirements.
Tex. Prop. Code § 92.006
Waiver of landlord's duty to repair conditions affecting health or safety
Under Tex. Prop. Code § 92.006, a landlord may not require a tenant to waive the landlord's duty to repair or remedy conditions materially affecting physical health or safety.
Tex. Prop. Code § 92.006; § 92.052
Rent control or rent stabilization provisions imposed by local ordinance
Texas law preempts local rent control ordinances. Tex. Prop. Code § 214.902 prohibits municipalities from adopting rent control measures.
Tex. Prop. Code § 214.902

Legal references

Key statutes and regulations that govern lease agreements in Texas.

Texas Property Code Chapter 92
Tex. Prop. Code § 92.001 et seq.
Comprehensive Texas residential landlord-tenant statute covering security deposits, repairs, lockouts, smoke detectors, and tenant remedies.
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Texas Landlord Lien Rights
Tex. Prop. Code § 54.001 et seq.
Provides landlords with a lien on tenant's personal property for unpaid rent (agricultural and nonagricultural).
Security Deposit Return
Tex. Prop. Code § 92.103
Requires return of security deposit within 30 days with itemized accounting of deductions. Penalties for bad faith retention.
Landlord's Duty to Repair
Tex. Prop. Code § 92.052
Landlord must make diligent effort to repair conditions that materially affect physical health or safety, after proper tenant notice.
Rent Control Preemption
Tex. Prop. Code § 214.902
State preemption of local rent control ordinances — municipalities cannot impose rent stabilization measures.