The most important source of information about the rights and responsibilities of residential landlords and tenants is the written lease agreement. Some landlords prefer oral agreements, but it is more common for them to require the tenant's signature on a written lease—and a written lease protects the tenant more than an oral agreement. Be sure to read the lease carefully before you sign it.
If a tenant wants to change part of the lease, the tenant should discuss it with the landlord. If the landlord agrees, the landlord and tenant should decide how they want to word the change and then write it into the agreement. Both the tenant and the landlord should then initial the change. For example, many standard leases prohibit pets, but the landlord may be willing to accept a pet if the tenant puts down extra money as security (a pet deposit) to protect against any damage the pet might do.
A state’s landlord-tenant laws may provide additional rights and responsibilities and further define the rights and responsibilities identified in the lease agreement. These laws vary from state to state and are usually located in a state’s statutes.
In Texas, the written lease agreement is indeed a critical document for both residential landlords and tenants, outlining their rights and responsibilities. Texas law recognizes both written and oral lease agreements, but written leases provide more security and clarity for both parties. It is essential for tenants to read and understand the lease before signing. Any modifications to the lease should be negotiated with the landlord, agreed upon by both parties, and documented in writing with initials from both the landlord and the tenant to signify their agreement. This is particularly relevant for clauses such as pet policies, where landlords may allow for exceptions with additional terms like a pet deposit. Beyond the lease itself, Texas landlord-tenant relations are governed by the Texas Property Code, which sets forth additional rights and responsibilities that may not be fully captured in the lease agreement. These statutory provisions can override or supplement the terms of the lease and provide protections for both landlords and tenants. It is important for both parties to be aware of these laws, as they can impact the interpretation and enforceability of lease terms.
