TX · Tier 1
Texas residential lease decoder
4 of 12 clause types 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. Verified means the rule was matched to the cited statute text on the date shown.
- State-restricted
A late fee may be charged only once any part of the rent has remained unpaid two full days after its due date. It is presumed reasonable at no more than 12% of the rent for the rental period in a building of up to four units, or 10% in a larger one.
Source · Tex. Prop. Code §92.019 · primary source · Checked November 1, 2026
- 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 · Checked November 1, 2026
- State-restricted
A landlord's repair duties and the tenant's remedies for conditions that materially affect the physical health or safety of an ordinary tenant may not be waived, except as §92.006(d)–(f) provides.
Source · Tex. Prop. Code §92.006 · primary source · Checked November 1, 2026
- 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 · Checked November 1, 2026
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 changes — 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.