Lease Agreement for Texas

Texas legal context

Texas is one of the most landlord-friendly states in the country. There is no statewide rent control (and state law prohibits local municipalities from enacting it), no cap on security deposits, and no implied warranty of habitability under the traditional common law. However, the Texas Property Code does provide specific tenant protections for repairs, security devices, and utility cutoffs.

What's prohibited

• 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.

• 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.

• 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.

Texas-specific considerations

• No Rent Control

  Texas law prohibits rent control at both state and local levels, giving landlords full discretion on rent amounts and increases.

• No Security Deposit Cap

  There is no statutory limit on security deposit amounts, though deposits must be returned within 30 days.

• Repair Obligations

  Landlords must make diligent efforts to repair conditions materially affecting health or safety after receiving written notice.

• Security Devices Required

  Landlords must provide security devices (deadbolts, window locks, peepholes) as specified in the Property Code.

Frequently asked questions

Other contracts for Texas