Guides: Landlord/Tenant Law: <i class="sll-fa-guide-nav fas fa-file-contract" aria-hidden="true"></i> Leases (2024)

Section 92.001 of the Texas Property Code defines a lease as “any written or oral agreement between a landlord and tenant that establishes or modifies the terms, conditions, rules, or other provisions regarding the use and occupancy of a dwelling.” This means that a spoken agreement is as valid as a written document and gives some protections to the tenant. Please note that a lease agreement longer than one year must be in writing.

A lease is essentially a contract between a landlord and a tenant. As with any contract, both parties have the right to negotiate the terms before entering into it.

If thelease is in writing, Texas law requires a landlord to provide the tenant with a copy of the lease within 3 business days of signing. Be sure to save a copy of the lease!

• Section 92.001 of the Texas Property Code

  This section defines a "lease" as either a verbal or a written agreement between a landlord and tenant.

• Section 92.024 of the Texas Property Code

  This section requires a landlord to provide a tenant with a copy of the complete lease within 3 business days of signing. If there are multiple tenants on the lease, tenants who have not yet received a copy must be provided with one within 3 business days of a written request.

• Section 26.01 of the Texas Business and Commerce Code

  See Also

  Ending the leaseWork Separations - General<Free Texas 3-Day Notice to Quit | Non-Compliance | PDFNotice Requirements to End a Lease in Texas | Caretaker

  This section states that a lease agreement for longer than one year must be in writing.

• How Should the Tenant or the Landlord Change the Lease if Either Doesn't Like Certain Clauses?

  This brief FAQ from the American Bar Association provides advice for negotiating a lease and changing the terms so that the landlord and tenant are both satisfied.

• Can Leases Be Negotiated?

  The American Bar Association offers information for those who are about to sign a new lease. This page encourages prospective tenants to add clauses that they would like to see.

• Leases Explained

  TexasLawHelp.org provides a good introduction to what you should know about leases.

• Lease Changes

  The Texas Tenant Advisor provides information about when a residential lease can be terminated or changed.

• The Tenants’ Rights Handbook

  Page 7 of this pamphlet from the State Bar of Texas and Texas Young Lawyers Association discusses how to approach changes to a lease in the middle or end of a lease term.

We receive many questions about whether a lease can contain specific rules or requirements. People ask about rules like curfews, electronic rent payments, renter's insurance, and other topics. Texas statutes generally do not discuss whether or not leases can have these kinds of rules.Instead, Texas laws about what can and cannot be in a leasefocus on making sure that a landlord cannot make a tenant waive a right that is guaranteed under the law.

Texas law explicitly prevents leases from restricting a tenant's right to:

• Smoke detectors
• Security devices like locks and deadbolts
• Lawfully possess a firearm
• Not have their utilities shut off
• Not be locked out of their apartment
• Have a landlord "mitigate damages" if the tenant moves out early
• Have a trial in the event of a dispute

If a tenant does not agree to rules that a landlord is suggesting that are otherwise legal, theycan try to negotiate with the landlord. This might help them reach an agreement to have these clauses changed or removed.

• Section 92.006 of the Texas Property Code

  This section lists specific rights that a landlord cannot ask a tenant to waive. It includes the rights to: smoke detectors, security devices, disclosure of ownership and management, repair of dangerous or unhealthy conditions, to vacate due to family violence or sexual crimes, and to have a trial for certain issues arising from the landlord/tenant relationship.

• Section 92.015 of the Texas Property Code

  This section prevents landlords from prohibiting their tenants from contacting police or emergency assistance or fining them as a result of doing so. It voids any lease clauses with this rule.

• Section 92.026 of the Texas Property Code

  This section of the law prevents landlords from prohibiting their tenants or their tenants' guests from lawfully possessing a firearm in the rental unit.

• Section 92.0563 of the Texas Property Code

  This section states that a landlord cannot waive their responsibility to repair conditions that affect a tenant's health or safety. If they put a clause in the lease waiving this responsibility, they are liable to the tenant for actual damages, one month's rent plus $2,000, and reasonable attorney's fees.

• Lease Clauses

  The American Bar Association has compiled a list of potential clauses that landlords and tenants should learn more about when writing a new lease or changing an existing one.

• Typical Provisions in Leases and Rental Agreements

  Legal self-help publisher Nolo has created this list of commonly found lease provisions and what they might mean for a tenant.

Texans with disabilities who use a service animal or emotional support animal may find that their landlord has a rule prohibiting pets or animals in the rental unit.

The federal Fair Housing Act allows people with disabilities to request a reasonable accommodation to a landlord's pet restrictions. According to the U.S. Dept. of Housing and Urban Development (HUD), examples of reasonable requests for accommodations include:

• living with an assistance animal at a property where a housing provider has a no-pets policy, or
• waiving a pet deposit, fee, or other rule as to an assistance animal.

If a person's disability and their disability-related need for an assistance animal is not apparent, HUD states that a landlord could request documentation of the individual's disability-related need for an assistance animal.

There are some circ*mstances in which a landlord would not be required to grant the request for an accommodation. For example, a landlord may be exempt from the Fair Housing Act and its requirements. According to HUD, other circ*mstances include:

• the accommodation would impose an undue financial and administrative burden
• the accommodation would fundamentally alter the essential nature of the housing provider's operations
• the assistance animal would pose a direct threat to the health or safety of others despite any other reasonable accommodation that could eliminate or reduce the threat

For more information about service animals, please see our guide to Animal Laws.

• Texas Property Code, Chapter 301

  The Texas Fair Housing Act prohibits discrimination in housing for certain populations, including people with disabilities.

• Chapter 45 in Title 42 of the U.S. Code

  This federal law protects people against discrimination when obtaining housing. It includes protection against discrimination due to disability. It was originally enacted as part of the U.S. Fair Housing Act of 1988.

• Assistance Animals

  This page from the U.S. Department of Housing and Urban Development (HUD) provides examples of requests for "reasonable accommodations" under the Fair Housing Act as they relate to individuals who use an assistance animal.

• Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act (1/28/2020)

  This official notice from the U.S. Office of Fair Housing and Equal Opportunity explains the obligations of housing providers under the Fair Housing Act (FHA) with regard to service animals and emotional support animals. It provides a set of questions that housing providers can use to help determine whether they must make a reasonable accommodation.

• Housing Discrimination

  The Civil Rights Division of the Texas Workforce Commission accepts and investigates housing discrimination complaints. They also offer helpful information about the Texas Fair Housing Act and its protections.

• HUD - Housing Discrimination Complaints

  The U.S. Housing and Urban Development department (HUD) accepts complaints regarding housing discrimination, including disability discrimination.