TEXAS RESIDENTIAL LEASE AGREEMENT
[// GUIDANCE: This template is drafted to comply with the Texas Property Code (Chs. 24 & 92) and other applicable landlord-tenant provisions. All bracketed items must be customized before use.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Lease of Premises
3.2 Term
3.3 Rent and Additional Charges
3.4 Security Deposit
3.5 Use and Occupancy
3.6 Utilities; Services
3.7 Maintenance, Repairs, and Habitability
3.8 Entry and Inspection
3.9 Rules and Regulations - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
This Texas Residential Lease Agreement (“Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [FULL LEGAL NAME OF LANDLORD], a [STATE & TYPE OF ENTITY] (“Landlord”), and [FULL LEGAL NAME OF TENANT] (“Tenant”) (each a “Party,” collectively, the “Parties”).
RECITALS
A. Landlord is the fee-simple owner of the residential real property and improvements located at [STREET ADDRESS, CITY, TX ZIP] (the “Premises”).
B. Tenant desires to lease the Premises from Landlord, and Landlord is willing to lease the Premises to Tenant, on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows.
2. DEFINITIONS
As used in this Agreement, the following terms have the meanings set forth below. All capitalized terms not defined in this Section have the meanings assigned elsewhere herein.
“Additional Rent” – any monetary obligation of Tenant other than Base Rent, including late fees, utilities, and any charges assessed under this Agreement.
“Base Rent” – the monthly rental amount specified in Section 3.3(a).
“Business Day” – any day other than Saturday, Sunday, or a Texas-recognized legal holiday.
“Lease Term” – the period beginning on the Commencement Date and ending on the Expiration Date, as defined in Section 3.2.
“Security Deposit” – the sum described in Section 3.4 securing Tenant’s performance.
“State Housing Court” – the court of competent jurisdiction in [COUNTY NAME] County, Texas, designated to hear residential eviction matters.
[// GUIDANCE: Insert additional defined terms (e.g., “Guarantor,” “Pet,” “HOA”) as needed.]
3. OPERATIVE PROVISIONS
3.1 Lease of Premises
Landlord hereby leases the Premises to Tenant, together with the appurtenant rights, parking privileges (if any), and use of common areas, subject to all covenants, conditions, restrictions, and easements of record.
3.2 Term
(a) Commencement Date: [MM/DD/YYYY] (“Commencement Date”).
(b) Expiration Date: [MM/DD/YYYY] (“Expiration Date”).
(c) Holdover: Month-to-month tenancy at 150 % of the last monthly Base Rent, terminable on at least thirty (30) days’ written notice by either Party.
3.3 Rent and Additional Charges
(a) Base Rent: $[AMOUNT] per month, payable in advance on or before the [DAY] of each calendar month to [PAYEE & ADDRESS] or by electronic transfer to [BANK DETAILS].
(b) Late Charge: If Base Rent is not received by 11:59 p.m. on the [DAY] day after the due date, Tenant shall pay a late fee of $[AMOUNT] plus $[DAILY AMOUNT] per day thereafter (not to exceed the maximum permitted by Tex. Prop. Code Ann. § 92.019).
(c) Returned Payment Fee: $[AMOUNT] for each check or electronic payment returned for insufficient funds.
(d) Additional Rent: Any amounts due under this Agreement shall be deemed Additional Rent and shall be recoverable as rent.
3.4 Security Deposit
(a) Amount: $[AMOUNT] (“Security Deposit”), due upon execution.
(b) Permitted Deductions: Unpaid rent, the cost of repairing damages beyond normal wear and tear, and other lawful charges.
(c) Return Deadline: Within thirty (30) days after Tenant surrenders the Premises and provides Landlord a written forwarding address, Landlord shall refund the balance of the Security Deposit and provide a written, itemized list of any deductions, in compliance with Tex. Prop. Code Ann. § 92.103.
(d) Bad-Faith Retention: Landlord’s bad-faith retention of the Security Deposit may subject Landlord to statutory damages under Tex. Prop. Code Ann. § 92.109.
(e) Non-Transferability: Tenant may not apply the Security Deposit to any rent.
[// GUIDANCE: Consider increasing the deposit if pets are permitted. Label any non-refundable pet fee separately.]
3.5 Use and Occupancy
(a) Residential Use Only; no commercial, illegal, or hazardous activities.
(b) Occupants: Limited to the following persons: [NAMES & AGES].
(c) Pets: [ALLOWED/NOT ALLOWED]; if allowed, subject to written Pet Addendum.
(d) Smoking: [PROHIBITED / LIMITED AREAS ONLY].
3.6 Utilities; Services
Tenant shall timely pay for the following utilities: [LIST UTILITIES]. Landlord shall provide and pay for [LIST, IF ANY]. Interruption for reasons beyond Landlord’s control is excused under Section 7.3 (Force Majeure).
3.7 Maintenance, Repairs, and Habitability
(a) Landlord Obligations: Landlord shall (i) maintain the Premises in a condition fit for human habitation; (ii) keep structural components, plumbing, heating, and electrical systems in good repair; and (iii) install and re-key security devices as required by Tex. Prop. Code Ann. §§ 92.151-92.164.
(b) Tenant Obligations: Tenant shall (i) maintain the Premises in a clean, sanitary condition; (ii) promptly notify Landlord in writing of needed repairs; and (iii) be responsible for damages caused by Tenant, Occupants, or invitees.
(c) Repair Requests: Non-emergency repair requests shall be submitted in writing. Landlord shall commence repairs within a reasonable time as required by Tex. Prop. Code Ann. § 92.052.
(d) Abatement/Termination: Tenant’s remedies for Landlord’s failure to repair are limited to those set forth in Tex. Prop. Code Ann. §§ 92.056-92.0563.
3.8 Entry and Inspection
Landlord may enter the Premises (i) in emergencies without notice; (ii) to make repairs, supply services, or show the Premises to prospective purchasers or tenants upon at least twenty-four (24) hours’ prior notice; or (iii) as otherwise permitted by law.
3.9 Rules and Regulations
Tenant shall comply with the rules attached hereto as Exhibit A, as reasonably modified from time to time upon thirty (30) days’ written notice.
4. REPRESENTATIONS & WARRANTIES
4.1 Landlord represents that:
(a) It is the fee-simple owner or authorized agent of the Premises;
(b) The Premises are not subject to condemnation or foreclosure proceedings; and
(c) It has full authority to execute and perform this Agreement.
4.2 Tenant represents that:
(a) All information provided in Tenant’s rental application is true and complete;
(b) Tenant has the legal capacity to enter into this Agreement; and
(c) Tenant will use the Premises strictly in accordance with Section 3.5.
4.3 Survival. The representations and warranties in this Section survive expiration or termination of this Agreement.
5. COVENANTS & RESTRICTIONS
5.1 Affirmative Covenants of Tenant
(a) Timely pay all Rent and Additional Rent;
(b) Maintain renter’s insurance per Section 7.2;
(c) Comply with all applicable laws, HOA rules, and this Agreement.
5.2 Negative Covenants of Tenant
(a) No unlawful, nuisance, or hazardous activities;
(b) No alterations without Landlord’s prior written consent;
(c) No assignment or subletting except as permitted in Section 5.3.
5.3 Assignment & Subletting
Tenant may not assign this Agreement or sublet any portion of the Premises without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion.
5.4 Notice Obligations
Each Party shall promptly notify the other of any condition posing a material risk of harm to persons or property.
6. DEFAULT & REMEDIES
6.1 Events of Default
(a) Monetary Default: Tenant fails to pay any Rent when due.
(b) Non-Monetary Default: Tenant breaches any covenant and fails to cure within the cure period.
(c) Insolvency: Tenant files bankruptcy or makes an assignment for the benefit of creditors.
6.2 Notice & Cure
(a) Monetary Default: Three (3) days’ written notice to pay or vacate, or such shorter period stated herein, pursuant to Tex. Prop. Code Ann. § 24.005.
(b) Non-Monetary Default: Ten (10) days’ written notice to cure.
6.3 Landlord Remedies
Upon Tenant’s uncured default, Landlord may:
(i) Terminate this Agreement on notice;
(ii) Seek possession through a forcible entry and detainer action in State Housing Court;
(iii) Accelerate all Rent due for the remainder of the Lease Term;
(iv) Apply the Security Deposit to amounts owed; and
(v) Exercise any other lawful remedy.
6.4 Attorneys’ Fees
Prevailing Party shall be entitled to reasonable attorneys’ fees and costs incurred in enforcing this Agreement.
6.5 Cumulative Remedies
All rights and remedies are cumulative and may be exercised concurrently or separately.
7. RISK ALLOCATION
7.1 Indemnification
Tenant shall indemnify, defend, and hold harmless Landlord, its agents, and employees from and against any claims, damages, or liabilities (including reasonable attorneys’ fees) arising out of (i) Tenant’s use or occupancy of the Premises, or (ii) the acts or omissions of Tenant, Occupants, or invitees, except to the extent arising from Landlord’s gross negligence or willful misconduct (“Tenant Use Indemnity”).
7.2 Insurance
Tenant shall maintain a renter’s insurance policy with minimum limits of $[AMOUNT] per occurrence for personal property and liability coverage, naming Landlord as an additional insured.
7.3 Limitation of Liability
Landlord’s aggregate liability under this Agreement shall not exceed the amount of the Security Deposit actually held (“Liability Cap”), except for damages resulting from Landlord’s gross negligence or willful misconduct.
7.4 Force Majeure
Neither Party is liable for failure to perform caused by events beyond its reasonable control, including acts of God, war, terrorism, epidemics, or governmental orders. Rent abatement applies only as required by law.
8. DISPUTE RESOLUTION
8.1 Governing Law
This Agreement is governed by and construed in accordance with the landlord-tenant laws of the State of Texas without regard to conflicts-of-law principles.
8.2 Forum Selection
Exclusive jurisdiction and venue lie in the State Housing Court of [COUNTY NAME] County, Texas.
8.3 Arbitration
Arbitration is expressly excluded.
8.4 Jury Trial Waiver
To the fullest extent permitted by Article I, Section 15 of the Texas Constitution, each Party knowingly, voluntarily, and irrevocably waives its right to trial by jury in any action arising out of this Agreement.
8.5 Injunctive Relief
Nothing herein shall restrict Landlord’s right to seek injunctive or declaratory relief, including but not limited to eviction or writs of possession.
9. GENERAL PROVISIONS
9.1 Amendments; Waivers
This Agreement may be amended only by a writing signed by both Parties. No waiver is effective unless in writing and signed by the waiving Party.
9.2 Severability
If any provision is held invalid, the remaining provisions remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to achieve its intent.
9.3 Entire Agreement
This Agreement, together with all exhibits and addenda, constitutes the entire agreement between the Parties and supersedes all prior understandings.
9.4 Successors & Assigns
Subject to Section 5.3, this Agreement binds and inures to the benefit of the Parties and their respective successors and permitted assigns.
9.5 Counterparts; Electronic Signatures
This Agreement may be executed in counterparts, each of which is deemed an original, and all of which constitute one document. Signatures delivered by electronic means are binding.
9.6 Notices
All notices must be in writing and delivered (i) by hand with signed receipt, (ii) certified mail, return receipt requested, (iii) nationally recognized overnight courier, or (iv) email with confirmation of receipt, to the addresses below (or as later designated in writing). Notices are effective upon delivery or first refusal.
Landlord Notice Address:
[TBD]
Tenant Notice Address:
[PREMISES ADDRESS] (or any forwarding address supplied in writing)
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
Landlord:
[PRINT NAME & TITLE]
Date: _______
Tenant:
[PRINT NAME]
Date: _______
[Add additional signature lines if multiple tenants or landlords.]
STATE OF TEXAS §
COUNTY OF ______ §
This instrument was acknowledged before me on ___, 20, by _________.
Notary Public, State of Texas
My Commission Expires: ____
EXHIBIT A – RULES AND REGULATIONS
[Insert property-specific rules: quiet hours, parking, trash disposal, etc.]
[// GUIDANCE:
1. Attach a Lead-Based Paint Disclosure if the Premises were constructed prior to 1978.
2. Include a separate Pet Addendum, Parking Addendum, or HOA Addendum as applicable.
3. Confirm compliance with municipal ordinances (e.g., rental registrations, local inspections).]