Two ways to rent in Texas
The same free builder makes both — pick the one that fits and the agreement adapts automatically.
Standard Residential Lease Agreement
A fixed-term lease with set start and end dates (usually one year) — best for a long-term tenant.
Create a fixed-term leaseMonth-to-Month Rental Agreement
A flexible tenancy that renews each month and ends with proper written notice from either party.
Create a month-to-month agreementOverview
Renting out a home in Texas? A residential lease agreement is the contract that protects both sides — it sets the rent, the term, the deposit, and the rules the landlord and tenant agree to, and it's your proof of what was agreed if a dispute ever comes up. Texas residential tenancies are governed by Chapter 92 of the Property Code.
Texaslease rules & requirements
Security deposit
Texas sets no maximum on a residential security deposit — the amount is whatever the lease states (one month's rent is the common benchmark). The landlord must return it, minus itemized deductions, within 30 days after the tenant moves out and provides a written forwarding address.
Late fees
A late fee is allowed only once rent is at least two full days late, and it must be reasonable. Under Property Code §92.019, a fee up to 12% of the monthly rent (for buildings with 4 or fewer units; 10% for larger) is presumed reasonable.
Landlord entry & notice
Texas has no statute setting how much notice a landlord must give before entering, so the lease controls. Spelling out a notice window — 24 hours is standard — protects both the landlord and the tenant.
Required disclosures
The landlord must identify the owner or manager and how to contact them, deliver a signed copy of the lease within 3 business days, include the federal lead-based-paint disclosure for homes built before 1978, and provide parking rules for multi-unit buildings plus the statutory tenant-remedies notice.
Ending the lease
A fixed-term lease simply ends on its end date. A month-to-month tenancy can be ended by either party with at least one month's (30 days') written notice under §91.001.
Does it need notarizing?
No. A Texas residential lease doesn't need to be notarized or witnessed — it's binding once the landlord and tenant(s) sign. Each party should keep a signed copy.
This is general information, not legal advice. Confirm the current rules under Texas law (Property Code Chapter 92).
How to write a Texas lease agreement
- 1
Choose the lease type — a fixed-term lease (set start and end dates) or a month-to-month tenancy.
- 2
Add the property details and the landlord's and tenant(s)' full legal names and addresses.
- 3
Set the monthly rent, the due date, accepted payment methods, and any late or NSF fees.
- 4
Set the security deposit and when it's returned, plus any pet, parking, smoking, or utility terms.
- 5
Add the required disclosures (lead-based paint for pre-1978 homes) and any house rules.
- 6
The landlord and every tenant sign and date the lease — and each keeps a copy.
Ready to create your Texas lease agreement?
Fill the form, watch it build live, and download the PDF — free, no signup.
Open the free builderWhat to include
- Landlord & tenant(s) — names and addresses
- Property, lease type & term
- Rent — amount, due date & payment methods
- Security deposit, late & NSF fees
- Pets, parking, smoking & utilities
- Disclosures & signatures
Texas lease agreement FAQ
Does a Texas residential lease need to be notarized?
No. A residential lease in Texas doesn't have to be notarized or witnessed. It's legally binding once the landlord and tenant(s) sign it.
Is there a limit on the security deposit in Texas?
No. Texas doesn't cap residential security deposits by statute — the amount is set by the lease. One month's rent is the common benchmark.
How long does a Texas landlord have to return the deposit?
30 days after the tenant surrenders the property, as long as the tenant has given a written forwarding address. Wrongfully withholding it can expose the landlord to a $100 penalty, three times the amount wrongfully kept, plus the tenant's attorney's fees.
How much can a late fee be in Texas?
It must be reasonable, and rent has to be at least two full days late first. Under §92.019, up to 12% of the rent (for buildings with 4 or fewer units; 10% for larger) is presumed reasonable.
How much notice ends a month-to-month lease in Texas?
At least one month — 30 days' written notice from either the landlord or the tenant under §91.001.
Does the landlord have to give notice before entering?
Texas has no statute setting a notice period, so the lease governs. Including a 24-hour notice clause is standard practice and protects both sides.
What must a Texas lease disclose?
The owner or manager's name and contact, a signed copy delivered within 3 business days, the federal lead-based-paint disclosure for pre-1978 homes, parking rules for multi-unit buildings, and the statutory tenant-remedies notice.
Is this Texas lease agreement really free?
Yes — completely. Fill it in, preview it live, and download the PDF with no signup, no credit card, and no watermark. Unlike sites that charge a fee or push a subscription to download, there's nothing to pay here.