Having a strong lease agreement in place will protect your Temple rental property. It will also protect you from any unnecessary liability. A lot of landlords will make the mistake of downloading any lease template they find on the internet, asking their tenant to sign it, and then expecting that the lease will be enforceable in Texas. That won’t necessarily be true depending on the template you’ve used.
In order to ensure your lease is both compliant and enforceable in Texas, make sure you’re using a lease that reflects where you are and what type of property you’re renting out.
At Shine Residential, we specialize in long-term residential single-family home rentals in Temple, and so that’s where our expertise happens to be. Today, we’re sharing that expertise and helping you create a lease that’s good for you, your residents, and your investment property.
These are the things you absolutely must include in your lease.
Names of All Tenants and Parties
Start with contact information. It seems pretty obvious, but it’s easy to rush into drafting an agreement without including the most basic information about the parties agreeing to the contract.
Your lease should include the names of every adult living on the property. This ensures that all tenants are legally responsible for rent payments and adhering to the lease terms. Identifying all parties reduces the potential risk of disputes down the line. Make sure there are not any adult inhabitants who are not listed on the lease. You’ll want to be clear that no one is allowed to live at the property if they’re not on the lease. Minor children can be listed as occupants. They won’t be responsible legally or financially for the property.
Lease Term and Renewal Options
Specify whether the lease is a fixed-term agreement (typically 12 months) or a month-to-month arrangement. Include clear start and end dates. If you offer renewal options, outline the procedures tenants should follow and any associated fees. You’ll want to include notice periods for when an owner or a tenant wants to end the lease.
Rent and Payment Details
A rent collection policy absolutely must be included in any lease. Clearly state the rent amount, due date, and acceptable payment methods. Including clauses about late fees, grace periods, and bounced checks is also helpful. For example, specify if rent is due on the 1st of each month or another date. What happens if the 1st is on a Sunday or a holiday? Make sure you’re clear about late fees. Under Texas law, landlords may charge late fees for overdue rent, but they must be reasonable and documented in the lease.
Security Deposit Terms
In addition to rental amounts, you’ll want to list the security deposit amount.
Texas state law has specific requirements regarding security deposits. Clearly state the deposit amount, the conditions for deductions, and when tenants can expect a refund after move-out. Under Texas Property Code § 92.103, landlords must return security deposits within 30 days after tenants vacate the property, minus any lawful deductions.
Maintenance and Repair Responsibilities
Outline responsibilities for property maintenance and repairs. For example, clarify whether tenants are responsible for routine maintenance, like lawn care or replacing light bulbs, while landlords handle major repairs like HVAC or plumbing issues. If your home has a swimming pool, make sure the lease states how it should be maintained and who is responsible for cleaning it. Provide a maintenance policy as well, which instructs tenants on how to report emergency and routine maintenance needs. The process will likely be different for a fire and a jammed garbage disposal.
Pet Policies
Pets are a great idea because they can limit your vacancy, improve tenant retention, and allow you to earn more on your property with non-refundable pet fees and even pet rent.
But you want to protect your Temple investment property. So, if you allow pets, outline the rules clearly. Include restrictions on breed, size, or type of animals and specify any associated pet fees. If pets aren’t allowed, make sure this is explicitly mentioned in the lease.
Occupancy Limits
Under Texas law, landlords may set reasonable limits on the number of people who can occupy a rental unit. Generally, the maximum is three adult tenants per bedroom unless local housing codes state otherwise. This should be clearly noted in your lease agreement. It’s important to know who will be living in your property and how many people will be listed on the lease.
What if a tenant wants to add someone to the lease agreement once it’s begun? Have a policy in place, and include it in your lease. It should start with a request to add a tenant. That tenant will need to be screened and the lease modified to include them.
Property Access and Notice
Landlords may need to access the property for reasons like maintenance or inspections. Under Texas law, there’s no specific notice requirement that landlords have to provide their tenants, but we believe it’s good practice to provide at least 24–48 hours’ notice unless there’s an emergency.
Include details about acceptable notice periods in your lease to clarify expectations. For example:
- What constitutes an emergency (e.g., fire, flooding)?
- How will notices be delivered (e.g., email, written notice posted at the property)?
Communicating these things with tenants before they move in is a great way to establish expectations and ensure everyone is on the same page.
Rules for Alterations and Improvements
You don’t want to take the property back at the end of the lease term and find that the walls have been painted pink and there’s suddenly a cat door in the kitchen. Include a clause addressing whether tenants are allowed to make changes, like painting walls or installing fixtures. If modifications are allowed, specify whether tenants need approval and whether they need to revert the property to its original condition upon moving out.
Default and Eviction Terms
While no landlord wants to think about eviction, it’s always a risk, even when you have a well-screened, reliable tenant in place. By including clear terms around evictions, you can protect yourself and your profitability in the event of unpaid rent or lease violations. Outline what constitutes a breach of contract and the steps you’ll take before filing for eviction in Texas courts.
Texas requires landlords to provide a 3-day notice to vacate after a lease breach or unpaid rent unless otherwise stated in the lease. Including this clause ensures compliance with state law.
Additional Clauses for Protection
Consider adding the following clauses to your Texas lease agreement for extra protection:
- Provisions for Subletting. State whether subletting is allowed, and if so, under what conditions.
- Insurance Requirements. Specify whether tenants must carry renters’ insurance. This protects both landlords and tenants in case of unforeseen events like fires or theft.
- Prohibited Activities. Clearly outline activities that aren’t allowed on the property, such as illegal drug use, smoking, or business operations.
Military Tenants and Lease Clauses
Fort Cavazos (formerly Fort Hood) is not too far from Temple, and it’s possible you’ll have military tenants moving into your property. That deserves a mention in your lease agreement.
Federal law under the Servicemembers Civil Relief Act (SCRA) offers specific protections for military tenants. These include the right to terminate a lease early without penalty if the tenant receives orders for deployment or a permanent change of station. Landlords must require official written notice and a copy of the military orders to validate the lease termination. It is also important for lease agreements to clearly reflect these protections to ensure compliance with federal regulations. For Texas landlords, providing flexibility and understanding in addressing the unique needs of military tenants fosters positive tenant-landlord relationships and adherence to legal obligations.
Complying with the Texas Property Code
Before you present your lease for a tenant to sign, make sure your rental property is up to code. We’re talking about the Texas Property Code, which we may have mentioned briefly. It has some details that every landlord and rental property owner must pay attention to. The most important details to pay attention to as you prepare to lease your home include ensuring there are bolt locks inside the property, peepholes on all exterior doors, and extra security on sliding glass doors.
Partner with Temple Property Management Experts for Peace of Mind
A Temple lease agreement is more than just a contract; it’s your first line of defense as a landlord or real estate investor. Ensure you’re fully protected by including all essential clauses and staying compliant with Texas state rental laws. If you’re not sure where to begin or want peace of mind that your lease agreement checks all the boxes, consider working with a Temple property management expert or legal professional.
Contact us at Shine Residential Management. We can provide a resource to simplify your rental agreements, and we can also protect your property.
A property management company based in Harker Heights, Shine Residential Management cares for exceptional single-family homes throughout Central Texas, including in Killeen, Temple, Belton, Copperas Cove, Salado, and Georgetown.
