TX · Tier 1 — primary-source verified
Texas residential lease decoder
4 of 12 clause types primary-source verified. Verify directly at the Texas legislature
Analyzer · residential lease
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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.
- State-restricted
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
- State-restricted
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
- Void / non-waivable
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
- State-restricted
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
Pet fees, pet rent, pet deposits
Pending verificationGeneral 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 verificationGeneral doctrine across states: State-statute auto-renewal restrictions; consumer-protection auto-renewal disclosure requirements (where they apply to leases).
Attorney-fee-shifting clause
Pending verificationGeneral doctrine across states: Attorney-fee-reciprocity statutes (e.g., Cal. Civ. Code §1717); American Rule background.
Repair-obligation shifting
Pending verificationGeneral doctrine across states: Implied warranty of habitability (Javins v. First National Realty, 1970) — recognized by statute or common law in nearly every state.
Mandatory arbitration / jury-trial waiver
Pending verificationGeneral doctrine across states: Federal Arbitration Act (9 U.S.C. §1-16); state-specific lease arbitration disclosure rules; unconscionability defense.
Non-disclosure / non-disparagement
Pending verificationGeneral doctrine across states: Consumer Review Fairness Act (15 U.S.C. §45b); state anti-SLAPP and anti-gag statutes.
Sublease and assignment
Pending verificationGeneral doctrine across states: Reasonable-consent default rule (jurisdiction-dependent); restraint-on-alienation doctrine.
Holdover-tenant rent multiplier
Pending verificationGeneral 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.