Is it necessary to have a written lease or rental agreement in the State of Texas?

A lease agreement may be either written or oral, however an oral lease is valid only for tenancies of 1 year or less. Any rental period longer than 1 year must have a written lease. A written lease is recommended as it clearly states the rights and responsibilities of each party.

What about a signed move-in move-out inspection report?

A written signed inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list. On move-out, both parties should inspect the premises and fill in another copy of the list, and negotiate (if possible) or make note of any disputed items.

Can the landlord charge a security deposit?

Yes, the landlord has the right to require a security deposit. However, there is no limit under the law as to how much the landlord can charge for a security deposit. Texas law states that the landlord has 30 days after the tenant moves out to refund the security deposit. However, the landlord can keep part of the deposit if the lease states that a redecorating fee or a make-ready fee will be deducted from the deposit, or if the tenant owes rent, or if there is damage to the premises other than normal wear and tear. The landlord is required to give the tenant a written description and itemized list of all deductions. The tenant must provide a forwarding address in writing.

The Texas Property Code does not address pet deposits. One difference between a security deposit and a pet deposit is that the landlord can legally withhold all or part of the pet deposit if agreed to in the lease contract.

When is the landlord allowed to increase the rent?

A landlord can charge any amount he wishes for rent. There are no limits to increases, as long as the lease is expired (or will soon expire) and 30 days' written notice is given.

Can the landlord charge an additional fee if the rent is late?

A landlord can charge a "reasonable fee" if the rent is paid after the due date and any grace period allowed by the lease. There are no specific limits on the amount of the late fee. A landlord can probably also charge additional fees for each day the rent is late. Generally, the total amount of late fees in any one month should not be more than 1/4 of the month's rent.

How can a lease be terminated?

Texas Property Code says that advance notice of move-out can be a condition for return of the security deposit if the requirement for advance notice is written into a lease and is underlined or in conspicuous bold print. Even if the lease does not require it, the tenant should give advance notice prior to moving.

If there is no written lease, either party can terminate a month-to-month rental agreement by giving 30 days written notice to the other party. If the rental agreement is week-to-week, 7 days written notice is required.

Can a tenant sublet the premises?

Unless the lease allows it, a tenant may not sublet (rent the house or apartment to another person) without the consent of the landlord. If a tenant sublets the house or apartment without the consent of the landlord, the landlord may evict the subtenant and sue both the subtenant and the original tenant for any damages caused by the subletting arrangement.

When is the landlord permitted to enter the premises?

There is no State law setting out under what circumstances a landlord can enter the premises, or how much notice must be given to the tenant.

On what grounds can a landlord evict a tenant?

A landlord can evict a tenant for non-payment of rent, for violating a provision of the lease, if the lease has expired, or if no lease exists.

After giving the tenant proper notice, the landlord must proceed with an eviction action in the courts and obtain a court order. If the landlord obtains a Writ of Possession from the court, the landlord, under the supervision of a constable or sheriff, can remove the tenant and his / her belongings from the unit.

The landlord cannot illegally deny a tenant access to the rental unit or remove a tenant’s property without a court order, unless the removal of the property is the result of the tenant abandoning the property, or is the exercise of a landlord’s lien for unpaid rent. The landlord is also prohibited from removing doors, windows, mechanisms attached to doors or windows, furniture or fixtures or appliances supplied by the landlord unless they are being removed for a bona fide repair or replacement.

Under certain circumstances, a landlord can change the locks and lock out a tenant who is delinquent in rent payments. The lockout law states that (i) the tenant must be behind on rent; (ii) the landlord must give advance written notice to the tenant; (iii) the tenant does not have to pay any money in order to get a new key and regain entry into the rental unity, and (iv) a lockout is not an eviction. The landlord also has the right to exercise a landlord’s lien and seize any non-exempt property of the tenant (such as televisions, VCRs, stereos, computers, etc) in order to secure payment of delinquent rent, provided that there is a statement in a written lease, either underlined or in bold, that allows the landlord the right to enter the premises and remove the tenant’s property.



The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.