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TX · Tier 1 — primary-source verified

Texas residential lease decoder

Plain-English per-clause-type enforceability for Texas residential leases. Each rule below pins to the Texas state-legislature citation when verified, or to a "pending verification" placeholder when it isn't — never a guess.

4 of 12 clause types primary-source verified. Verify directly at the Texas legislature

Analyzer · residential lease

Decode a clause

Paste a clause excerpt — your text never leaves the browser. Or pick a clause type to read its 50-state enforceability grid.

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  • Your browser, your text. Your lease text is processed in your browser. In v1, no lease content leaves your device — there is no server hop at all.
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Clause by clause

Clause-by-clause rules

12 most-litigated residential lease clauses. Verified rules lead; the rest are honestly labeled pending verification, each linked to the state legislature.

  1. Late fees must be reasonable; presumed reasonable if not more than 12% of monthly rent (units up to 4-plex) or 10% (5+ unit) and rent is at least one full day late.

    Source · Tex. Prop. Code §92.019 · primary source · last verified 2026-05-08

  2. No statutory cap on deposit amount. Landlord must return the deposit within 30 days of surrender with an itemized list of deductions; bad-faith retention triggers a $100 + 3× damages penalty.

    Source · Tex. Prop. Code §92.103, §92.109 · primary source · last verified 2026-05-08

  3. Implied warranty of habitability cannot be waived; tenant has statutory remedies for landlord's failure to repair conditions affecting health and safety.

    Source · Tex. Prop. Code §§92.052, 92.056 · primary source · last verified 2026-05-08

  4. Landlord must give a 3-day written notice to vacate before filing eviction (lease may shorten or lengthen this).

    Source · Tex. Prop. Code §24.005 · primary source · last verified 2026-05-08

8 clause types pending verification for Texas
  • General doctrine across states: State security-deposit-cap statutes plus federal FHA accommodations (42 U.S.C. §3604) for assistance animals.

  • Automatic renewal of the lease

    Pending verification

    General doctrine across states: State-statute auto-renewal restrictions; consumer-protection auto-renewal disclosure requirements (where they apply to leases).

  • Attorney-fee-shifting clause

    Pending verification

    General doctrine across states: Attorney-fee-reciprocity statutes (e.g., Cal. Civ. Code §1717); American Rule background.

  • Repair-obligation shifting

    Pending verification

    General doctrine across states: Implied warranty of habitability (Javins v. First National Realty, 1970) — recognized by statute or common law in nearly every state.

  • General doctrine across states: Federal Arbitration Act (9 U.S.C. §1-16); state-specific lease arbitration disclosure rules; unconscionability defense.

  • General doctrine across states: Consumer Review Fairness Act (15 U.S.C. §45b); state anti-SLAPP and anti-gag statutes.

  • Sublease and assignment

    Pending verification

    General doctrine across states: Reasonable-consent default rule (jurisdiction-dependent); restraint-on-alienation doctrine.

  • General doctrine across states: Holdover tenancy doctrine; liquidated-damages reasonableness; state-specific holdover-rent statutes.

Not legal advice. LeaseRedFlag is informational only. We are not a law firm; we don't represent you. State landlord-tenant law evolves annually — verify any rule directly with the Texas legislature link above before relying on it. For lease disputes that matter, talk to a licensed real-property or tenant-rights attorney in Texas.