Free Texas Lease Amendment Template

Last reviewed September 2026

Written by LawLease Editorial

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Texas Lease Amendment

This Lease Amendment is built with Texas as the governing state. These are the Texas landlord-tenant rules that most often bear on it, with the statute for each.

Texas rules at a glance

Texas rules for a Lease Amendment
Rent-increase notice	No statute; month-to-month changes need one rental period’s notice in practiceTex. Prop. Code §91.001
Rent control	Barred except in a governor-approved disaster emergencyTex. Loc. Gov’t Code §214.902
Rent increases	Texas has no rent-increase notice statute. A fixed-term lease can’t be changed mid-term without the tenant’s agreement; for a month-to-month tenancy, an increase is effectively an offer of new terms, so landlords give at least the one rental period required to end the tenancy (§91.001).
Security deposit limit	No statutory cap
Deposit return	30 days after surrender, once the tenant gives a written forwarding addressTex. Prop. Code §§92.103, 92.107
Itemized deductions	Any deduction must come with a written description and itemized list. Normal wear and tear can never be deducted (§92.104).

Security deposits in Texas

Texas places no limit on the size of a security deposit and does not require it to be held in a separate or interest-bearing account. The rules are about the refund — and the penalties for getting it wrong are steep.

30-day refund — The landlord must refund the deposit on or before the 30th day after the tenant surrenders the premises (§92.103(a)). The clock doesn’t start until the tenant gives a written forwarding address — but a tenant doesn’t forfeit the deposit merely by failing to give one (§92.107).
Itemized deductions — Any deduction must come with a written description and itemized list. Normal wear and tear can never be deducted (§92.104).
Advance-notice conditions — A lease clause requiring advance notice of move-out as a condition of the refund is only enforceable if it is underlined or in conspicuous bold print (§92.103(b)).
Bad-faith penalty — A landlord who fails to refund or itemize within 30 days is presumed to have acted in bad faith; bad-faith retention costs $100 plus three times the amount wrongfully withheld, plus the tenant’s attorney’s fees (§92.109).
No “last month” offset — A tenant may not withhold the last month’s rent on the theory that the deposit covers it; doing so is presumed bad faith and exposes the tenant to three times the rent withheld (§92.108).
Email notices — For leases signed or renewed on or after September 1, 2025, deposit-related notices may go by email if the parties have previously communicated by email (§92.113, HB 2037).

Rent, late fees & returned payments

Texas is one of the few states with a precise late-fee statute. A late fee is only collectible if notice of it is in a written lease, it is reasonable, and rent has remained unpaid two full days after the due date (§92.019(a)).

Safe-harbor cap — A fee is presumed reasonable if it doesn’t exceed 12% of one month’s rent for a dwelling in a structure with four or fewer units, or 10% for a structure with more than four. A higher fee must be justified by the landlord’s actual uncertain damages (§92.019(a-1)).
Initial + daily fees — A lease may combine an initial fee with a daily fee, but the two together count as a single late fee against the cap (§92.019(b)).
Penalty — An unlawful late fee costs the landlord $100, three times the fee collected, and the tenant’s attorney’s fees; any lease waiver of these rules is void (§92.019(c)–(d)).
Returned payments — The processing fee for a dishonored check or electronic payment is capped at $30 (Tex. Bus. & Com. Code §3.506).
Cash rent — A landlord must accept cash unless the written lease requires another method, and must give a written receipt for cash (§92.011).
Rent increases — Texas has no rent-increase notice statute. A fixed-term lease can’t be changed mid-term without the tenant’s agreement; for a month-to-month tenancy, an increase is effectively an offer of new terms, so landlords give at least the one rental period required to end the tenancy (§91.001).

Texas Lease Amendment FAQs

How much can a landlord charge for a security deposit in Texas?

There is no statutory cap — the lease sets the amount. Texas regulates the refund instead: 30 days after the tenant surrenders the unit and provides a written forwarding address, with an itemized list of any deductions (§§92.103, 92.104, 92.107).

How long does a Texas landlord have to return a security deposit?

30 days after the tenant surrenders the premises, but only once the tenant has given a written forwarding address. Missing the deadline creates a presumption of bad faith, which carries $100 plus three times the amount wrongfully withheld and the tenant’s attorney’s fees (§§92.103, 92.109).

What is the maximum late fee in Texas?

A late fee can only be charged once rent has been unpaid for two full days after the due date, and must be in a written lease. It’s presumed reasonable up to 12% of monthly rent for a building with four or fewer units, or 10% for larger buildings; initial and daily fees are added together against that cap (§92.019).

Lease Amendment in other states

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