Texas residential renters

Texas lease review: what to ask before signing

Read the residential lease closely: Texas rules do not simply copy another state’s deposit, entry or notice rules. Use Chapter 92 and the State Law Library with the property and housing-program details in hand.

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Deposits: surrender and forwarding address

Sections 92.103 and 92.107 generally use 30 days after surrender, but the landlord is not obligated to refund or account until the tenant supplies a written forwarding address. Failing to provide one does not forfeit the deposit. Section 92.104 excludes normal wear and tear and contains deduction and itemization rules, including a rent-owed/no-dispute exception. The reviewed Chapter 92 deposit provisions do not supply a numerical cap; this is not a conclusion that any amount is lawful, and special housing-program rules may differ.

Ask before signing

Where do I send my written forwarding address, and how will I prove delivery? Save move-in and move-out condition evidence.

Entry: check the actual lease

The Texas State Law Library says no state laws generally regulate landlord entry; the lease may authorize entry and may or may not require notice. Emergencies and repairs can raise exceptions. Do not invent a statewide 24-hour notice requirement or assume an absolute right to refuse emergency access.

Ask before signing

Can we write down ordinary-entry reasons, advance notice and reasonable times?

Late fees: combine initial and daily charges

Section 92.019 requires the fee to be in a written lease, reasonable, and rent to remain unpaid for two full days after its original due date. It treats 12% for structures with at most four units and 10% for larger structures as reasonableness amounts, not absolute maximums: subsection (a-1)(2) provides another damages-and-costs standard. Initial and daily charges are combined as one late fee. The fee timing is not an eviction grace period.

Ask before signing

If the lease has a 10% initial fee plus daily fees, what is the combined amount and the basis for it?

Repairs: qualifying conditions and notice

Sections 92.052 and 92.056 address diligent efforts for qualifying health-and-safety conditions after notice, with current-rent requirements and tenant-caused-condition limits. Seven days is a rebuttable presumption of reasonable repair time, not an unconditional deadline for every repair. Further notice and procedural conditions govern termination and repair-and-deduct remedies. Do not withhold rent based on this guide.

Ask before signing

Does this lease require written repair notice? Where is it delivered and where will I retain proof?

Termination: one month is not always 30 days

Section 91.001 provides a default for monthly tenancies: when the rent period is at least a month, termination is the later of the stated date or one month after notice. A signed agreement may specify a different notice period or none. This is not a fixed-term break right. Section 91.006 requires mitigation when a tenant abandons in breach and invalidates a waiver of that duty; mitigation is not immediate release from future rent.

Ask before signing

What early-release agreement, reletting procedure and remaining liability apply if I leave during the fixed term?

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Frequently asked questions

Is this clause legal in Texas?

Exact wording, dates, property coverage, local rules and the facts matter. These sources help you ask questions; an AI flag is not an enforceability decision. Ask a licensed local attorney for advice on your circumstances.

Must a Texas landlord always give 24 hours’ entry notice?

No general statewide 24-hour rule is stated by the State Law Library. Read the lease and consider emergencies and repairs.

Are 10% and 12% absolute late-fee caps?

No. Section 92.019 provides these reasonableness amounts and a separate damages-and-costs standard. Initial and daily fees are considered together.

Why supply a written forwarding address?

Section 92.107 conditions the landlord’s obligation to refund or account on receiving it; failing to provide it does not itself forfeit the deposit.

Official sources