Texas Lease Disclosure Requirements: What Renters Should Know

Before signing a residential lease in Texas, it’s crucial for renters to know the required disclosures landlords must provide by law. Awareness of these disclosures helps protect your rights, ensures a fair rental process, and prevents confusion or disputes down the road.

What Are Required Disclosures in Texas Residential Leases?

Texas law sets out several disclosures that must be provided to renters before or when signing a lease. These rules ensure renters are informed about the rental property's legal and physical condition, landlord contact information, and certain hazards or policies affecting tenancy.

Common Mandatory Disclosures in Texas Leases

• Landlord or Property Manager Identity and Contact: The landlord must disclose in writing the name and address of the property’s owner and the person authorized to receive notices or demands. This helps renters know whom to contact for repairs, legal notices, or emergencies.
• Condition of the Property and Repairs: Leases must explain the process for requesting repairs and how to report issues in writing.
• Lead-Based Paint Disclosure: For homes built before 1978, federal law requires landlords to give a specific lead disclosure form and EPA pamphlet detailing lead-based paint hazards.
• Right to Re-Key Locks After Tenant Moves Out: Landlords must provide information on re-keying or changing locks after a tenant moves out, usually within seven days.
• Presence of Flooding: From 2022 onward, Texas landlords must disclose in the lease if the property has flooded in the past five years.
• Parking and Towing Policies: If parking is regulated, landlords must clearly state towing or parking policy terms in the lease.

Official Forms Required for Certain Disclosures

• Lead-Based Paint Disclosure (EPA Sample Form)
  View the official EPA Lead Disclosure Sample Form
  When and how it's used: If you are renting a unit built before 1978, your landlord must provide this signed disclosure and the EPA’s Protect Your Family from Lead in Your Home pamphlet before the lease is signed. For example, if you’re moving into a 1965 apartment, your landlord must hand you these documents for your signature and records.
• Flood Disclosure Requirement (State Law)
  In Texas, landlords must include a paragraph in the lease if the property has flooded in the last five years. While there’s no specific state-issued form, Texas Property Code § 92.0135 details the required language. Check your lease for this statement if flooding is a concern.

Why Do These Disclosures Matter for Renters?

Understanding required disclosures gives you insight into your home’s safety, history, and the responsibilities of the landlord. It can help you:

• Make safe, confident rental decisions
• Know whom to contact for urgent repairs or legal notices
• Prevent disputes over property condition or hazards

Who Oversees Rental Disputes or Complaints in Texas?

Texas residential tenancy law is governed chiefly by the Texas Property Code, Chapter 92 – Residential Tenancies¹. While there is no single statewide landlord-tenant board, Justice of the Peace Courts in your county handle rental disputes, including disagreements over lease disclosures, repairs, and evictions. You can find the relevant court using the Texas Justice Court Directory.

Other Important Rights and Protections

• Security Deposit Statement: Landlords must return security deposits within 30 days after move-out, minus permitted deductions. They are required to provide an itemized list if any amount is withheld.
• Notice of Entry: While Texas law does not specify exact notice periods, lease agreements usually contain notice requirements for landlord entry. Review your lease before signing and discuss concerns as needed.

Keep copies of any disclosures and forms you receive. These documents can support your case if legal issues arise.

FAQ: Texas Lease Disclosure Rules for Renters

1. Does my landlord have to tell me if the home flooded before?
   Yes. Texas law requires disclosure if the property has flooded in the last five years.
2. What should I do if my landlord doesn’t provide a lead paint disclosure?
   Request it in writing. For buildings built before 1978, you must receive the lead paint disclosure or you may have legal remedies.
3. Can I get in trouble if I sign a lease without seeing the required disclosures?
   You should try to get all disclosures before signing, but if you didn’t receive them, ask for them immediately. You may have legal protections if a dispute arises.
4. Where can I report a landlord who refuses to provide disclosures?
   You can contact your local Justice of the Peace Court to begin a complaint or legal process, or reach out to the Texas Attorney General for consumer protection help.
5. Are there special disclosure rules for apartments versus single-family homes?
   Most disclosure requirements apply to both, but always check your lease for additional apartment complex policies or disclosures.

Key Takeaways: Texas Residential Lease Disclosures

• Landlords must provide key information, like flood history, lead paint disclosures (when applicable), and repair procedures in Texas.
• Always review leases carefully for these statements before signing.
• If you’re missing any required forms or disclosures, request them in writing and keep records.

Need Help? Resources for Renters

• Texas Attorney General: Landlord/Tenant Rights Overview
• Texas Property Code, Chapter 92 – Residential Tenancies
• Texas Justice of the Peace Courts Directory
• EPA: Lead-Based Paint Disclosure Forms

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1. Texas Property Code, Chapter 92 – Residential Tenancies
2. EPA Required Lead Paint Disclosure Sample Forms
3. Texas Property Code § 92.0135 (Flood Disclosure)
4. Texas Justice Court Directory
5. Texas Attorney General – Landlord and Tenant Information

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