Texas Lease Agreement: What to Include
June 16, 2026Texas landlord-tenant law is governed primarily by the Texas Property Code, and it's notably landlord-friendly in some areas (no statewide deposit cap) while still imposing specific requirements in others (late fee safe harbors, disclosure rules). Here's what a Texas lease should address.
Security deposits
Texas has no statewide statutory cap on security deposit amounts, and no requirement to pay interest on the deposit. Deposits must be returned within 30 days of move-out, with a written, itemized list of deductions if any amount is withheld.
Late fees have a "safe harbor"
Texas law provides a late fee "safe harbor" — fees are presumed reasonable if they don't exceed roughly 12% of rent for properties with 4 or fewer units, or 10% for larger properties, as long as the fee is specified in the lease. A minimum grace period of 2 full days after the due date is standard before a late fee can apply.
Required disclosures
A Texas lease should include or accompany:
- • Federal lead-based paint disclosure (for pre-1978 buildings)
- • Notice of tenant remedies and security device requirements (smoke detectors, locks, etc.)
- • Parking and towing disclosure, if applicable
- • Flood disclosure
Eviction notice
Texas generally requires a 3-day notice to vacate before filing eviction for nonpayment, unless the lease specifies a different period (shorter or longer, as allowed). Because the lease itself can adjust this period, get the language right — the wrong default assumption can either shortchange the tenant's rights or slow down your own process.
The bottom line
Texas's lack of a deposit cap is often assumed to mean "no rules at all," but the late fee safe harbor and security device disclosure requirements are easy to miss with a generic template. See LeasePilot HQ's full Texas landlord-tenant law summary for the complete breakdown with sources, or generate a lease with Texas-specific clauses built in automatically.
Frequently Asked Questions
Is there a cap on security deposits in Texas?
No — Texas has no statewide statutory limit on security deposit amounts, leaving it to the lease and market.
What late fee can I charge in Texas?
Texas provides a "safe harbor" presumption of reasonableness for late fees up to about 12% of rent for smaller properties (4 units or fewer) or 10% for larger ones, as long as the fee is specified in the lease — fees above that aren't automatically prohibited, but lose the safe-harbor presumption of reasonableness.
Can I change the eviction notice period in my lease?
Texas's default 3-day notice to vacate can be adjusted by the lease itself — shorter or longer, within what the Texas Property Code allows — so review your lease's specific language rather than assuming the statutory default applies.