What to check before you sign a lease in Texas

You found the place. The light is right, the commute works, and the landlord wants an answer by Friday. This is the moment to slow down for an hour. A lease is a contract you will live inside for a year or more, and in Texas much of what it can say is set by Chapter 92 of the Property Code.

Here is the checklist we would want a friend to use.

Read the whole lease, including the addenda

Ask for the complete lease and every attachment before you sign. Parking rules, pet terms and utility arrangements often live in addenda, and they bind you just as much as the main pages.

After everyone signs, the landlord must give at least one complete copy of the lease to a tenant on it within three business days (Property Code §92.024). Keep it somewhere you can find it in a year.

Know how the security deposit comes back

Texas has clear rules about deposits, and they are worth knowing before you hand one over.

• The landlord must refund the deposit on or before the 30th day after you surrender the premises (§92.103).
• If the landlord keeps any part, they must send the balance with a written description and itemized list of the deductions (§92.104).
• The landlord may not keep any part of the deposit to cover normal wear and tear (§92.104).
• The landlord does not have to refund the deposit or send the itemized list until you give them your forwarding address in writing (§92.107). You do not lose the deposit just for forgetting, but the clock effectively waits for you.
• If the lease makes advance notice of move-out a condition of the refund, that requirement only counts if it is underlined or in conspicuous bold in the lease (§92.103).

One rule runs the other way: you may not withhold the last month of rent because the deposit will cover it (§92.108).

Walk through the home with a camera

Before you move a single box in, photograph every room, including appliances, under sinks, floors and walls. Note existing damage on the move-in form and keep a copy. These records turn a dispute about wear and tear into a short conversation.

Check the locks and security devices

Texas requires specific security devices in a rental home without you having to ask (§92.153). In general terms, that means:

• a window latch on each exterior window
• a keyed deadbolt or doorknob lock on each exterior door
• a keyless bolting device and a door viewer on each exterior door
• a pin lock and a handle latch or security bar on each exterior sliding glass door

The landlord must also rekey locks operated by a key, card or combination, at the landlord's expense, no later than the seventh day after each tenant turnover (§92.156). It is fair to ask when the locks were last rekeyed.

Understand how repairs work

Under §92.052, a landlord must make a diligent effort to repair a condition that materially affects the physical health or safety of an ordinary tenant, once the tenant gives notice to the person or place where rent is normally paid, and as long as the tenant is not behind on rent at the time. The duty also covers keeping hot water at a minimum of 120 degrees Fahrenheit.

If a written lease requires repair requests in writing, notice must be in writing (§92.052). Put them in writing anyway: the stronger remedies in §92.056 depend on a later written notice, or a first notice sent by certified, registered or other tracked mail. If your landlord uses Holuway, requests made from your maintenance page keep a dated record for both sides.

Ask, too, for a number to report emergencies. A landlord with an on-site management office must provide one answered 24 hours a day, and every other landlord must still give tenants a number for reporting emergencies (§92.020).

Read the parking and towing rules

If you are renting in a multiunit complex and the landlord has towing or parking rules, you must get a copy before the lease is signed. If the rules are in the lease or an addendum, the paragraph must be titled "Parking" or "Parking Rules" and be capitalized, underlined or bold (§92.0131). Changes during the lease require written notice, and generally cannot take effect until 14 days after you receive it, except in a construction or utility emergency.

Look for the flood notice

Texas landlords must give a signed written notice saying whether they know the home is in a 100-year floodplain, and a further notice if they know it has flooded in the last five years (§92.0135). Read it closely: as the notice itself says, most renters insurance does not cover flood loss.

Check the late fee and the fees around it

A landlord may only charge a late fee if it is in a written lease, it is reasonable, and rent has remained unpaid two full days after the due date (§92.019). A fee is treated as reasonable if it is no more than 12 percent of the rent in a building with four or fewer units, or 10 percent in a larger one, unless the landlord can show higher actual costs. Read every other fee too.

Know what a landlord cannot do

A landlord may not lock you out except by court process, with narrow exceptions such as repairs, emergencies, abandoned premises, or changing the locks of a tenant behind on rent, and that last one comes with strict notice and key rules (§92.0081).

Plan your way out before you move in

Find the end date, the notice period for moving out, whether the lease renews automatically, and what happens if you leave early. Put the notice deadline in your calendar today.

A short checklist to keep

1. 1Read the full lease and every addendum before signing.
2. 2Get a complete signed copy within three business days.
3. 3Photograph the home in detail before moving in.
4. 4Confirm the required locks are present and the locks were rekeyed.
5. 5Note how to request repairs and the emergency number.
6. 6Read the parking rules and the floodplain notice.
7. 7Check the late fee and every other fee.
8. 8Put the move-out notice deadline in your calendar.
9. 9When you leave, give your forwarding address in writing.

Still deciding? Our rent calculator shows what fits your income.

This article is general information about Texas law as of its publication date, not legal advice. Statutes change and your lease and situation matter. For advice on a specific problem, talk to a Texas attorney or a local tenant assistance organization.