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Free Texas Mutual Lease
Termination Agreement Template

Last reviewed September 2026

Written by LawLease Editorial

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Texas Mutual Lease Termination Agreement

This Mutual Lease Termination Agreement 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 Mutual Lease Termination Agreement
Month-to-month terminationOne month’s notice unless the lease sets a different periodTex. Prop. Code §91.001
Security deposit limitNo statutory cap
Deposit return30 days after surrender, once the tenant gives a written forwarding addressTex. Prop. Code §§92.103, 92.107
Itemized deductionsAny 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).

Texas Mutual Lease Termination Agreement 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).

How much notice is required to end a month-to-month lease in Texas?

At least one month from either side; the tenancy ends on the later of the date in the notice or one month after it’s given. The parties can agree in a signed lease to a different notice period (§91.001).

More Texas landlord documents

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