Texas Residential Lease Agreement (2026): Required Clauses, Deposit Rules, Late Fees and Disclosures
Texas leaves most lease terms to the landlord — no deposit cap, no rent control — but the Property Code fills the gaps with a long list of disclosures and formatting rules, and a lease that skips one of them loses the landlord real money: the late fee becomes uncollectible, the deposit forwarding-address rule cannot be relied on, and the tenant gains a statutory way out. This guide lists what a Texas residential lease must contain in 2026 and where landlords go wrong.
1. The numbers the statute fixes
| Term | Texas rule | Statute |
|---|---|---|
| Security deposit cap | No statutory cap | Tex. Prop. Code § 92.102 |
| Deposit return deadline | 30 days after move-out | Tex. Prop. Code § 92.103(a) |
| Interest on deposit | Not required | Tex. Prop. Code § 92.101 et seq. (no interest requirement) |
| Late fee | Max 12% of monthly rent for buildings with 4 or fewer units; 10% for 5+ units; fee must be in written lease | Tex. Prop. Code § 92.019 |
| Notice before landlord entry | No statute (lease governs) | No statute (Tex. Prop. Code Ch. 92 silent; lease governs) |
| Ending a month-to-month tenancy | Landlord 30 days · tenant 30 days | Tex. Prop. Code § 91.001 |
| Rent increase limit | No statutory limit | No statutory limit; local rent control preempted (Tex. Local Gov't Code § 214.902) |
Lease must state deposit forwarding-address requirement in underlined or bold text if landlord wants to rely on it (§ 92.107).
2. Disclosures the lease must contain
Each of these is a separate statutory requirement. "When applicable" means the duty depends on the property (year built, number of units, known conditions) — the lease generator asks the question and includes the clause when the answer triggers it.
| Disclosure | Applies | Statute |
|---|---|---|
| Lead-Based Paint Disclosure (pre-1978 housing) | When applicable | 42 U.S.C. § 4852d; 24 C.F.R. Part 35 Subpart A |
| Owner/Management Identification | Every lease | Tex. Prop. Code § 92.201 |
| Parking and Towing Rules (multiunit complex) | When applicable | Tex. Prop. Code § 92.0131 |
| Tenant Repair Remedies Notice | Every lease | Tex. Prop. Code § 92.056(g) |
| Special Termination Rights (Family Violence, Military) | Every lease | Tex. Prop. Code § 92.016(f); § 92.017 |
| Special Termination Rights (Sexual Offenses, Stalking) | Every lease | Tex. Prop. Code § 92.0161(g) |
| 100-Year Floodplain Notice | Every lease | Tex. Prop. Code § 92.0135 |
| Copy of Lease | Every lease | Tex. Prop. Code § 92.024 |
| Security Devices and Smoke Alarms | Every lease | Tex. Prop. Code §§ 92.153, 92.255 |
3. What trips landlords up in Texas
- Charging a late fee the lease does not spell out, or one above the cap. Under § 92.019 the fee must be in the written lease, cannot start until rent is two full days late, and is capped at 12% of monthly rent for buildings of four units or fewer (10% for larger buildings). A fee outside those limits is void and exposes the landlord to $100 plus three times the fee.
- Burying the forwarding-address clause in plain text. § 92.107 lets the landlord withhold the deposit until the tenant gives a forwarding address only if the lease says so in underlined or bold type.
- Skipping the floodplain notice. Since 2022, § 92.0135 requires a separate written statement of whether the landlord knows the property is in a 100-year floodplain and whether it flooded in the last five years — even when the answer is no.
- Not giving the tenant a copy. § 92.024 requires a copy of the signed lease within three business days; the tenant's remedies for the landlord's breach are suspended until it is delivered.
- Leaving out the repair-remedies notice. § 92.056(g) requires the lease to state, in underlined or bold type, the tenant's remedies when the landlord fails to repair — and the statutory language is specific.
4. Ending and changing the tenancy
Texas month-to-month tenancies end on one month's notice from either side (§ 91.001), and rent increases have no statutory cap — only the notice the lease itself requires. Since January 1, 2026, SB 38 also changed how nonpayment notices must be delivered; our Texas eviction notice guide covers that side.
Generate the lease
Our Texas residential lease applies every rule on this page: the deposit field will not accept more than the cap, the late-fee clause is written to the statute, and each disclosure above is inserted with its required wording when it applies. A watermarked preview is free; the clean PDF and Word file are $19.
Related: security deposit limits in all 50 states · late fee caps by state · eviction notice periods by state · Texas eviction notice.
Questions
Is there a maximum security deposit in Texas?
No. Texas sets no cap, but § 92.103 requires the landlord to return the deposit, with an itemized list of deductions, within 30 days after the tenant surrenders the premises, and bad-faith retention costs the landlord $100 plus three times the amount withheld plus attorney's fees.
Does a Texas lease have to be in writing?
A lease of one year or less can be oral, but almost every protection above — the late fee, the deposit forwarding-address rule, the repair-remedies notice — exists only if it is written, so a written lease is the only sensible choice.
Can I require 60 days' notice to move out?
Yes, if the lease says so. Without a clause, § 91.001 gives one month. A lease can also require the notice to fall on the first of the month.
How current is this guide?
Reviewed September 2026. The caps, deadlines, disclosures and citations come from the dataset our Texas lease generator enforces; the commentary is ours. Statutes change — verify the cited section before relying on it.
General information about Texas statutes, not legal advice; FormsByState is not a law firm. Landlord-tenant law changes often and cities add their own rules — verify the cited sections for your situation.