What to Include in Your Texas Residential Lease Agreement 

 Posted on March 28, 2023 in Real Estate

Renting property to tenants can be lucrative and personally rewarding for Texas real estate owners. However, it is vital to ensure that the terms of a rental agreement are clearly outlined in an enforceable legal document. Residential lease agreements with missing provisions, vague language, or unclear terms put you at risk of disputes and costly litigation. As a landlord, it is your responsibility to ensure that your lease agreement protects you and your tenants.

Writing a Strong Residential Lease Agreement

The lease serves as the foundation of the tenant-landlord relationship. It is important that the document is carefully drafted, outlining all the necessary legal details of the arrangement. The following are some essential elements to include in a Texas residential lease agreement:

• Rent payments - One of the most important issues to clarify in your lease agreement is the amount of rent to be paid by tenants. Make sure to include how much the rent is, when rent is due, and how the tenants should pay the rent. Go into detail about the acceptable payment methods, what happens if a rent check bounces, and whether late fees will be charged if rent is late.

• Security deposits - Security deposits can be a major source of contention between landlords and tenants. Clearly explain how much the security deposit is and what the money may be used for. When and how will the security deposit be returned at the end of the tenancy? What deductions may be taken out of the security deposit? The more information your tenant has, the less likely it is that there will be surprises that lead to conflict in the future.

• Maintenance and repairs - Outline the expectations for keeping up the property in your lease agreement. Who is responsible for making repairs and doing maintenance? When will these tasks be completed and how much notice should the tenant give to the landlord before making a repair? Go over who is responsible for paying for any repairs, what happens if the repairs exceed a certain cost, and how disputes regarding maintenance will be handled.

• Subleasing - If you do not want your tenants to sublet the property, make sure to include a provision clearly stating this. If you are open to subleasing, list out your expectations for the process. Do you require tenants to get written permission before subleasing? Should the tenant provide a copy of the rental agreement that has been signed by the subtenant? By providing clear information regarding subletting, you will be able to ensure that tenants follow the rules and protect your rights as a landlord.

• Termination of tenancy - Specify the appropriate notice required when terminating a tenant. Outline the conditions that would make it necessary to terminate the tenancy or evict a tenant. If a violation of the lease occurs, specify how much advance notice you will provide before taking legal action.

Contact our San Antonio Real Estate Lawyers for Help

Bexar County real estate attorney Geoff Mayfield represents residential and commercial landlords in a range of real estate matters. Whether you need to draft a strong lease agreement, evict a tenant, or resolve a landlord-tenant dispute, we can help. Call Geoff Mayfield, Attorney at Law at 210-535-0870 for a free initial consultation.

Source:

https://www.forbes.com/2006/09/21/realestate-landlord-lease-ent-law-cx_nl_0921nolo.html