What Landlords CANNOT Put in a Texas Lease
Texas Property Code and federal law void certain lease provisions as a matter of public policy. Even if you signed a lease with these clauses, they are unenforceable — a court will strike them:
Waiver of Repair RightsA clause saying you waive your right to repairs (§ 92.052) is void. You cannot contractually give up your right to a habitable unit.
Waiver of Security Device RightsAny clause waiving your right to deadbolts, window latches, or re-keying (§§ 92.153–92.165) is void.
Automatic Lease Renewal Without NoticeLeases that auto-renew for a fixed term without adequate notice to the tenant may be challenged under general contract law principles.
Waiver of Right to SueClauses requiring you to waive your right to sue the landlord for security deposit violations or statutory remedies are unenforceable under Texas law.
Confession of Judgment ClausesClauses where you pre-authorize the landlord to obtain a judgment against you without notice or a hearing violate Texas due process.
Retaliation Permission ClausesAny clause purporting to allow the landlord to evict you for reporting code violations or requesting repairs violates §§ 92.331–92.335.
Domestic Violence PenalizationClauses penalizing a tenant for terminating a lease due to family violence or sexual assault are void under § 92.016.
Waiver of Notice to VacateWhile lease can shorten the notice period, clauses eliminating any notice requirement entirely may be unenforceable in eviction proceedings.
Read Before You Sign: Many standard DFW apartment leases use the Texas Apartment Association (TAA) lease form, which is generally tenant-neutral. However, landlord-drafted addenda sometimes contain problematic clauses. If you see anything waiving your statutory rights, cross it out and initial before signing — or walk away.
Required Disclosures in Texas Leases
Your landlord is legally required to disclose certain information. Failure to disclose creates additional tenant rights:
Owner/Manager Identity (§ 92.201): The lease must identify the person authorized to accept service of process and notices on behalf of the owner. If the landlord fails to disclose, you can send notices to the property manager or any agent acting on behalf of the owner, and they are legally effective.
Tex. Prop. Code § 92.201
Utility Billing Method (§ 92.012): If the landlord bills you for utilities that are master-metered, the lease must specify the method used to calculate your share. Estimated or ratio-billed utilities require written agreement; you may challenge bills not based on actual meter readings.
Tex. Prop. Code § 92.012
Lead-Based Paint Disclosure (Federal — 42 U.S.C. § 4852d): For housing built before 1978, landlords must provide the EPA "Protect Your Family" pamphlet, disclose any known lead paint hazards, and include a lead warning statement in the lease. Violation is a federal offense — report to HUD.
42 U.S.C. § 4852d (Federal)
Security Deposit Receipt (§ 92.102): While not required in the lease itself, your landlord must be able to account for your security deposit and return it (or an itemized list of deductions) within 30 days of move-out.
Tex. Prop. Code § 92.103
Move-In Condition Checklist: Not required by statute, but critical as a tenant. Always request and complete a written move-in inspection. Photograph everything. This protects you from wrongful security deposit deductions at move-out.
Fixed-Term vs. Month-to-Month Leases
Fixed-Term Lease (12 months typical)
- Rent locked for the lease term — landlord cannot raise it mid-lease
- Early termination may trigger penalties (early termination fee or remaining rent obligation)
- Lease ends on the stated date — no automatic renewal unless lease says so
- More security against eviction during the term (landlord can only evict for cause)
- If you stay past the end date without signing new lease, often converts to month-to-month
Month-to-Month Lease
- Either party can terminate with proper notice — usually 30 days written notice
- Landlord can raise rent with proper notice (typically 30 days or as specified)
- More flexibility to leave without penalties
- Less security — landlord can non-renew with proper notice
- Common after a fixed-term lease expires without renewal
DFW Tip: Most Dallas-area apartment complexes use 12-month fixed-term leases with 60-day notice requirements for renewal. Check your lease for the notice window — many require you to notify the landlord 60 days before the lease ends whether you plan to renew, or you may face penalties or automatic month-to-month conversion at a higher rate.
Early Termination Rights Under Texas Law
Texas law grants early termination rights in specific circumstances — even if your lease says otherwise. These are statutory rights that cannot be contracted away:
Domestic Violence, Sexual Assault, or Stalking (§ 92.016)
A tenant who is a victim of family violence, sexual assault, or stalking (or who has a household member who is a victim) may terminate the lease early with 30 days written notice. You must provide one of the following: a protective order, a police report, documentation from a licensed family violence counselor or advocate, or a statement from a licensed health care professional. No early termination fee may be charged.
Tex. Prop. Code § 92.016Military Deployment or Change of Station (§ 92.017)
A tenant who is a member of the U.S. Armed Forces may terminate a lease early if they receive deployment orders for more than 90 days, permanent change of station orders, or are released from active duty. Provide 30 days written notice with a copy of the official orders. No early termination penalty may be charged. This right also applies to National Guard members called to federal active duty.
Tex. Prop. Code § 92.017Uninhabitable Conditions — Constructive Eviction
If your unit has conditions that materially affect health or safety and your landlord fails to repair them after proper written notice (and a reasonable time to repair — typically 7 days under § 92.056), you may have the right to terminate the lease and seek damages. This is called "constructive eviction" in Texas. Courts look at whether the uninhabitable condition made the premises unfit for human occupation. Document everything: photos, written requests, and landlord's responses.
Tex. Prop. Code §§ 92.052, 92.056, 92.058Landlord's Failure to Provide Possession
If your landlord fails to deliver possession of the unit by your lease start date (a prior tenant refuses to leave, or the unit is not ready), you have the right to terminate the lease without penalty and receive a full refund of any deposits or prepaid rent. You must provide written notice that you are exercising this right.
Texas Common Law / Tex. Prop. Code § 92.052Lease Renewal and Rent Increase Notice
Texas law does not set a specific statewide notice period for rent increases, but best practices and most leases require:
- Fixed-term lease: Rent is locked for the term — no increase until renewal. The landlord can propose a higher rent for the renewal lease, but you can decline and either vacate or negotiate.
- Month-to-month: Your lease should specify the notice period required for rent increases. If it doesn't, 30 days written notice is the general standard under common law.
- Renewal notice requirement: Many DFW leases require 60-day written notice of intent to vacate. If you miss this window, you may owe an "early termination" or "holdover" fee. Read your lease carefully.
- Rent increase after repair request: Any rent increase that follows a repair request, code complaint, or other protected activity within 6 months is presumed retaliatory under § 92.334. See our Retaliation guide.
60 Days Common notice period required by DFW apartment leases for non-renewal — missing this window can trigger penalties. Always read your lease's notice requirements.
What to Do If Your Landlord Breaches the Lease
- Document the breach: Take photos, save communications, and write down dates of every incident
- Send written notice: Put your complaint in writing via certified mail or email with read receipt. Give the landlord a reasonable time to cure the breach.
- Know your remedies: Depending on the breach, you may be able to repair-and-deduct (§ 92.0561), terminate for uninhabitability (§ 92.058), sue for damages in JP court, or use the breach as a defense in any eviction proceeding
- Seek legal help: Contact LANWT (lanwt.org) for free legal assistance in Dallas, Tarrant, Collin, and Denton counties
Frequently Asked Questions
My lease has a clause saying I waive my right to repair. Is that enforceable?
No. Under Tex. Prop. Code § 92.052, any lease clause that purports to waive a tenant's right to request repairs for conditions materially affecting health or safety is void as against public policy. You retain your repair rights regardless of what the lease says. Similarly, a landlord cannot require you to waive your right to the statutory remedies in § 92.056 (rent withholding, repair-and-deduct, lease termination). These rights exist by law and cannot be contracted away.
Can my landlord raise my rent in the middle of my lease?
No — if you have a fixed-term lease, your rent is locked for the lease term. A landlord cannot unilaterally raise rent mid-lease on a fixed-term agreement. They can offer you a new lease at renewal with a higher rate, but you are not obligated to accept it. If you are on a month-to-month lease, the landlord can raise rent with proper advance notice (typically 30 days, or as specified in your lease). Any rent increase following a repair request or code complaint within 6 months is presumed retaliatory under Tex. Prop. Code § 92.334.
I'm fleeing domestic violence. Can I break my lease without penalty?
Yes. Under Tex. Prop. Code § 92.016, victims of family violence, sexual assault, or stalking may terminate their lease early without penalty by providing 30 days written notice and documentation such as a protective order, police report, or written statement from a licensed professional (counselor, healthcare provider, or family violence advocate). Your landlord cannot charge an early termination fee in this situation. Contact the Texas Advocacy Project (512-476-5377) or your local domestic violence shelter for assistance with documentation.
What happens when my lease ends and I don't sign a new one?
It depends on your lease terms. Many Texas leases provide that if you remain in the unit after the lease ends without signing a renewal, the lease converts to a month-to-month tenancy at the same (or sometimes higher) rent. Some leases classify staying past the end date as a "holdover" and allow the landlord to charge double rent for holdover periods. Read your lease's holdover and renewal clauses carefully. Give proper notice (check your lease — often 60 days) if you plan to vacate at the end of your term.
My landlord never gave me a copy of the signed lease. Do I still have to follow it?
Under Texas law, a landlord must provide you with a signed copy of the lease within 3 business days of your signing. If they fail to do so, you may send a written request. Failure to provide a copy does not void the lease, but it limits the landlord's ability to rely on terms you were never given. In practice, demand a copy of your signed lease immediately at signing — this protects both parties and prevents the landlord from later claiming the lease said something different.
Can a Texas landlord require me to pay utilities not in my lease?
No. A landlord cannot charge you for utilities that are not specified in your lease. Under Tex. Prop. Code § 92.012, if the landlord bills you for utilities via a master meter or allocation system, the billing method must be disclosed and agreed to in writing. If your lease says utilities are included, the landlord cannot later bill you separately. If new utility charges appear that are not in your lease, challenge them in writing and cite § 92.012. Do not pay charges not authorized by your lease without first disputing them.
Legal Disclaimer: This page provides general legal information about Texas lease law for educational purposes only. It is not legal advice and does not create an attorney-client relationship. Laws may have changed; always verify current statutes at statutes.capitol.texas.gov. For advice specific to your lease or situation, consult a licensed Texas attorney or contact Legal Aid of NorthWest Texas at lanwt.org (qualifying low-income DFW tenants).