TXR-2001 (07-08-22)

Residential Lease — Plain English

The actual lease agreement between landlord and tenant, not just the application — every fill-in-the-blank and checkbox across all 17 pages, translated into plain English.

The Application vs. The Lease

The application asks, "Should Landlord approve this person?" The lease says, "Now that the person is approved, what are the rules of the tenancy?" This is the actual lease agreement between landlord and tenant — not just the application.

§4 Automatic RenewalUnless proper written notice is given, the lease automatically becomes month-to-month. Oral notice is never enough. Default is 30 days if no box is checked.
§6 vs §19 FeesLate charges (§6) are separate from trip charges (§14C/§18E), returned-payment fees (§7), and unauthorized-animal charges (§9B) — each has its own blank.
§15C Inventory & Condition FormIf Tenant fails to timely deliver it, the Property is deemed free of damages unless the lease says otherwise — this can matter a lot at move-out.
§22 HoldoverHoldover rent is 3 times the monthly rent, calculated daily — no blank, already printed into the form.
§31 AddendaDon't check a box just because it exists — check only documents actually being incorporated into this specific tenancy.

What Do I Actually Fill Out? Cheat Sheet

The whole lease structure in one glance:

§1-4Who, what property, and how long?
§5-10Money: rent, fees, animals, deposit
§11-18Rules of living there and repairs
§19-25Statutory/property protections
§26-30Special terms, default, early termination
§31-34Addenda, notices, management, signatures

The sections to pay the most attention to: §4 (lease automatically becomes month-to-month without proper notice), §6 (late-fee start date must work with the Property Code’s 2-day minimum), §10 & §15 (security deposit and Inventory & Condition Form matter a lot at move-out), §17 (yard maintenance and smoking rules should be clear upfront), §18 (repair requests must be in writing — don’t exercise statutory remedies without reviewing the Property Code procedures carefully), and §31 (check only the addenda actually being incorporated).

Page 1

Parties, Property, Lease Term & Renewal

§1 Parties

  • Landlord: enter the legal name of the owner/landlord.
  • Tenant(s): enter the legal name of every tenant who will be contractually responsible under the lease — different from simply listing occupants. A tenant signs the lease and is legally responsible under it.

§2 Property

  • Address: the full rental property address. Example: 123 Main Street, Houston, TX 77000.
  • Legally described as: the property’s legal description, which may come from title/tax records.
  • County: the Texas county where the property is located.
  • Non-real-property items: personal property Landlord is providing with the rental — e.g. refrigerator, washer, dryer, lawn equipment. "Besides the real estate itself, what personal property is Landlord providing for Tenant’s use?"

§3A Primary Term

  • Commencement Date: when the lease begins. Expiration Date: the end of the primary lease term.

§3B Delay of Occupancy

  • No blanks. Tenant must occupy within 5 days after the Commencement Date. If Tenant can’t occupy by then because of construction or a prior tenant holding over, Tenant may terminate and get a refund of security deposit and rent paid.
This rule does not apply to delays caused by cleaning, repairs, or make-ready items.

§4 Automatic Renewal — extremely important

  • Unless proper written termination notice is given, the lease automatically becomes month-to-month. Oral notice is never sufficient.
  • 4A — Notice before expiration (check ONE): 4A(1) 30 days before Expiration Date, or 4A(2) a different agreed number of days.
Important default: if neither box is checked, 4A(1) applies — 30 days.
Page 2

Month-to-Month Termination & Rent

§4B If Lease Becomes Month-to-Month

  • 4B(1): termination becomes effective the last day of the month following the month notice is given. Landlord does not have to prorate rent even if Tenant moves out earlier.
  • 4B(2): termination occurs on the date stated in the notice, but not sooner than 30 days after notice — rent prorated daily if necessary.
Default: if no 4B box is checked, 4B(1) applies.

§5A Monthly Rent

  • Monthly Rent: enter the amount. Choose when rent must be received: (1) first day of each month, or (2) another agreed arrangement.
  • Weekends, holidays, and mail delays do not excuse late payment.
  • First month’s rent: choose payable to Landlord, Listing Broker, or Property Manager; enter the due date; select acceptable payment methods (cashier’s check, electronic payment, money order, personal check, or other).

§5B Prorated Rent

  • Used when Tenant begins the lease mid-period and owes a partial month. Enter the prorated amount, due date, and accepted payment methods.

§5C Place of Payment

  • Name and address of who receives rent. The form reminds Tenant to put the Property address and Tenant’s name on all payments.

§5D Method of Payment

  • Select acceptable regular rent-payment methods. Choose whether Landlord MAY or MAY NOT charge a reasonable processing fee — if MAY, identify which methods can have a fee.
  • Choose whether Landlord REQUIRES or DOES NOT REQUIRE one combined monthly payment from all tenants.
Page 3

Late Fees, Returned Payments & Animals

§6A Late Charges

  • Enter the day of the month after which late-charge provisions apply (at 11:59 p.m.).
  • Choose the initial late fee: (a) flat dollar amount, or (b) percentage of one month’s rent — choose one only.
  • Additional daily late charge: enter a per-day amount, capped at 30 days for any one payment.
Texas Property Code §92.019 prohibits assessing a late fee until rent has remained unpaid for at least two full days after the due date.

§7 Returned Payment

  • Enter the fee Tenant pays for each payment returned/not honored — separate from possible late charges.

§9 Animals

  • Basic rule (9A): unless otherwise agreed in writing, Tenant may not keep any animal at the Property, even temporarily. Assistance animals are addressed separately and must still be reported with documentation.
  • If Tenant violates the animal rules (9B), Landlord may charge an initial unauthorized-animal amount plus a daily charge per animal, in addition to other remedies.
Page 4

Security Deposit

§10A Security Deposit

  • Enter the deposit amount and select accepted payment method(s). The deposit is due on or before execution of the lease.

§10C Refund

  • No blank, but important: Tenant must give at least 30 days’ written notice of surrender before Landlord is obligated to account for/refund the deposit.
  • The Property Code ties the refund obligation to Tenant surrendering the property and giving a written forwarding address.
Page 5

Utilities & Occupants

§11A Utilities

  • Tenant normally pays all utility charges except those specifically listed as paid by Landlord. Example: water and garbage.

§12A Occupants

  • Enter names and ages of all occupants — the people permitted to live at the property.
Tenant = contractually responsible signer. Occupant = permitted resident who may or may not be a tenant.
Page 6

HOA, Guests & Parking

§12C HOA

  • Choose whether the property IS or IS NOT part of an HOA; if it is, enter the HOA name. Tenant must comply with HOA rules and may have to reimburse Landlord for fines caused by Tenant’s violations.

§12E Guests

  • Enter how many consecutive days a guest may stay without Landlord’s written permission — guests may not stay longer than the HOA limit OR the number written here, whichever is less. Also restricted within any 30-day period.
Important default: if this blank is left empty, 2 days total per month applies.

§13 Parking

  • Enter the maximum number of vehicles allowed (includes trucks, RVs, trailers, motorcycles, ATVs, jet skis, and boats, not just cars). Tenant must also follow HOA/local parking rules.
Page 7

Landlord Access & Keybox

§14C Trip Charge

  • Enter a trip-charge amount Landlord may charge if access was arranged but Tenant prevents entry (e.g. a locked interior door or an uncontrolled animal).

§14D Keybox

  • 14D(1)(a): enter how many days before move-out (during the last ___ days of the lease/renewal) Tenant authorizes a keybox.
  • 14D(2): Tenant may withdraw keybox authorization by giving written notice and paying an agreed fee.
Removing the keybox does not eliminate Tenant’s obligation to allow showings under §14B.

§15B Move-In Condition

  • Tenant accepts the property AS-IS, provided Landlord completes certain agreed items entered in this blank (e.g. "professionally clean carpets prior to Commencement Date"). This needs to be specific — the lease is where agreed obligations should actually be reflected.
Page 8

Inventory & Move-Out

§15C Inventory and Condition Form

  • Enter how many days after the Commencement Date Tenant must deliver the Inventory and Condition Form documenting existing damage.
If Tenant fails to timely deliver the form, the Property may be deemed free of damages unless otherwise expressed in the lease — this can matter a great deal at move-out.
Page 9

Yard Maintenance

§17B(3) Watering Times & Yard Responsibility

  • Fill in required watering times/schedule where applicable, then choose who maintains the yard:
  • (a) Landlord maintains the yard, at Landlord’s expense — Tenant must provide access.
  • (b) Tenant maintains the yard, at Tenant’s expense.
  • (c) Tenant maintains a scheduled yard-maintenance contract — either a contractor who regularly provides the service, or another identified arrangement.
Easy memory: (a) = Landlord’s responsibility, (b) = Tenant personally responsible, (c) = Tenant hires/keeps a yard service.
Page 10

Smoking & Repairs

§17F Smoking

  • Choose PERMITTED or NOT PERMITTED — applies to smoking, vaping, or tobacco pipes anywhere on the property, including garage/outdoor areas.
If prohibited and it occurs anyway, that’s treated as a default and allows damage deductions from the security deposit.

§18A Emergency Repair Phone Number

  • Enter the number Tenant may call for an emergency materially affecting health or safety.
Ordinary HVAC repairs are generally not automatically considered emergencies.
Page 11

Repairs Landlord Will Not Pay

§18D(2)(f) Specific Excluded Items

  • The lease already lists items Landlord won’t pay to repair unless caused by Landlord’s negligence (e.g. tenant-caused damage, door/window/screen damage, cosmetic items).
  • An additional blank lets the parties list specific items or appliances Landlord will not be financially responsible to repair under this paragraph — complete carefully since it affects maintenance responsibility.
Pages 12–13

Holdover, Default & Special Provisions

§22 Holdover

  • No blank. If Tenant stays after the lease legally ends, holdover rent is already set at 3 times the monthly rent, calculated daily.

§26 Special Provisions

  • A large blank for additional negotiated terms.
The form specifically warns: do not insert a lease-option or lease-purchase clause without assistance of legal counsel — special statutory obligations apply to those transactions.
Page 14

Early Termination / Replacement Tenant

§28B(4) Replacement Tenant Fees

  • If Landlord agrees to permit an assignee, subtenant, or replacement tenant, the lease can impose a fee.
  • If TENANT finds the replacement: choose (i) flat dollar fee, or (ii) percentage of one month’s rent.
  • If LANDLORD finds the replacement: choose (i) flat dollar fee, or (ii) percentage of one month’s rent.
This does not automatically release the original Tenant unless the applicable written agreement says otherwise.
Page 15

Addenda & Notices

§31 Addenda

  • Check every document actually made part of the lease: Rental Flood Disclosure, Agreement Between Brokers, Lead-Based Paint, Landlord’s Rules & Regulations, Inventory & Condition Form, Owners’ Association Rules, Additional Parking Rules, Pool/Spa Maintenance Addendum, Animal Agreement, Residential Lease Application, Mold Remediation Consumer Protection, Bed Bug Addendum, Residential Lease Guaranty, plus blank lines for others.
Don’t check an addendum just because it exists — check only documents actually being incorporated into this particular tenancy.

§32 Notices

  • Notices must be in writing. Enter Tenant’s address at the Property and a copy-to address; enter Landlord c/o (often a property manager or representative).
  • Only enter an email/fax if that party consents to receive formal notices there.
Page 16

Deceased Tenant Contact

§34F

  • Identifies a person Landlord may contact/allow access to if all occupants over 18 die during the lease, subject to statutory procedures.
  • Fill in Name, Phone, Address, Email — someone other than Tenant/Occupant.
The form says: do not insert Tenant or Occupant names here. "Who should Landlord deal with regarding personal property/security-deposit matters in the unusual event all adult occupants die?"
Page 17

Property Manager & Signatures

§34J Property Management

  • Enter Landlord’s broker, then choose WILL or WILL NOT act as property manager.
  • If that broker WILL NOT manage: choose Landlord will manage, or a named Property Manager (enter Name, Phone, Address, Email).
"After the lease is signed, who actually handles rent, repairs, notices, and management?"

Signatures

  • Landlord — Date (multiple lines available). Tenant — Date (multiple lines available).
  • If signed for Landlord under a property-management agreement or power of attorney: By, Date, Broker’s Associate’s Printed Name, Broker’s Printed Name/License No., Firm Name.

For Landlord's Use — Copy of Lease Provided

  • Enter the date and which Tenant received a copy, and check how it was delivered: Mail, Email, Fax, or In person.
Texas Property Code §92.024 requires Landlord to provide at least one complete copy of the signed lease to at least one Tenant no later than three business days after all parties sign.

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Open the actual TREC form alongside this plain-English guide.

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