Texas law permits a tenant to sublease a commercial premises like an office or retail store to a subtenant with the due permission and approval of the original owner of the commercial premises using Texas Sublease Agreement – Commercial. Preparing such sublease contract is necessary during various instances like A
A subleasing transaction using Texas Sublease Agreement falls under the purview of Title 8 Landlord and Tenant of Texas law. However, Section 91.005 prohibits subleasing unless the original landlord permits the same with written consent. Please remember that the landlord must sign this form in acceptance to sublease. This contract
Required Disclosures and Addendums
Lead-Based Paint Disclosure
Under the federal law for housing in Texas, the landlord is supposed to inform the tenants of potential lead-based hazards. The law, (Title 42 U.S. Code § 4852(d)) applies to all buildings that were built before 1978.
Authorized personnel disclosure
According to (§ 8.92.201), the paperwork must have a list of the authorized personnel who act on behalf of the landlord. It should either contain the name of the landlord and the address or the details of the person acting on their behalf. It is required to help the tenant know who to go to when there is a need.
Parking Rules Disclosure
The (§ 8.92.013) requires every lease whether a month-to-month lease agreement or a standard residential lease agreement to have parking rules and guidelines. The policy must be included in the lease explaining the tenants’ rights to have vehicles on the property and the towing policies.
According to (§ 8.92.056), all the rental lease agreements must have an outline of the rights of a tenant to repair. The tenant is supposed to notify the landlord of the repairs needed and action taken within seven days. If the seven days lapses, the tenant has a right to repair and deduct from rent or terminate the lease.
Deceased Tenants Disclosure
According to (§ 8.92.014.5), if the death of a tenant occurs during the tenancy, the landlord is required to allow a designated person/person entry. They are allowed to obtain the security deposit and personal belongings. The landlord is required to send a notification of the collection within 30 days via certified mail.
Other recommended disclosures and addendums include:
- Bedbug disclosure
- Shared utility disclosure
- Asbestos disclosure
- Mold disclosure
- Move-in checklist
- Late fees disclosure
- Medical marijuana use
Texas Security Deposit Laws
In Texas, there is no statute regarding the amount of security deposit a landlord can ask from the tenant. There is no limit, thus, the landlord can ask for as high or low as they wish.
According to (Tex. Prop. Code Ann § § 92, the landlord must return the security deposit within 30 days after the lease ends for Texas standard residential lease agreement. They should also return within 60 days after a commercial lease ends according to (Tex. Prop. Code Ann § § 93.005).
- Does Texas have a landlord's right to entry?
- How long can a lease in Texas last?
- Are late fees applied in Texas?
- Can lease renewal be automatic in Texas?
Does Texas have a landlord's right to entry?
Yes. The landlord has a right to entry even without giving a notice timeframe. It is however recommended that the landlord give a notice.
How long can a lease in Texas last?
Leases in Texas are month-to-month based. The maximum duration for Texas standard residential lease is one year. All leases should be written.
Are late fees applied in Texas?
Yes. Late fees are applied in Texas if payments are not delivered by one full day after the due date. However, the late fee can be charged if it is stated in the rental agreement.
Can lease renewal be automatic in Texas?
Yes. Leases in Texas can automatically renew when they have an automatic renewal clause. It highlights the steps both the tenant and the landlord must undertake to renew the lease.