5 risky clauses commonly found in Texas residential leases that could cost you thousands in security deposits and illegal fees.
Tenant agrees to accept the unit with all existing defects at move-in, potentially waiving the right to request repairs for pre-existing issues.
Phrases like 'tenant accepts premises in current condition', 'as-is', or 'no representations as to habitability'
Before signing, document every defect with timestamped photos. Add a move-in condition addendum listing all issues and have the landlord co-sign it.
No advance notice requirement before the landlord can enter the unit. This violates tenant privacy rights and the implied covenant of quiet enjoyment.
'Landlord may enter at any time' or 'landlord reserves the right to access the premises without notice'
Texas law requires reasonable notice before entry. This clause is likely unenforceable, but document it and note your objection in writing before signing.
Late fees that exceed the Texas statutory limit. Landlords often include excessively high late fees that are legally void but tenants may not know to challenge.
Late fees exceeding 12% of one month's rent for properties with 4+ units, or 10% for 3 or fewer units
Texas Property Code §92.019 caps late fees. Any fee above the cap is void and unenforceable. You cannot be charged more than the statutory amount.
A clause allowing the landlord to lock you out, remove your belongings, or cut utilities without going to court. This is illegal in Texas.
'Landlord may change locks', 'landlord may remove tenant's property', or any clause bypassing formal eviction proceedings
Texas Property Code §92.0081 strictly prohibits self-help eviction. If a landlord attempts this, you can sue for $1,000 plus actual damages plus attorney's fees.
Lease automatically renews for a full term unless you give written notice 60+ days before expiration — a window most tenants miss.
'Lease shall automatically renew', 'notice of non-renewal must be given [X] days prior'
Calendar the notice deadline the moment you sign. Many tenants are trapped in a new annual term because they missed a 60-day window.
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