Leasing and Property Management
The lease is a contract and a conveyance
A lease longer than one year must be in writing under the statute of frauds. Residential tenancies are governed by Texas Property Code Chapter 92; commercial tenancies by Chapter 93.
Security deposits
There is no statutory dollar cap on most residential deposits. The landlord must refund or itemize and account for the deposit within 30 days after the tenant surrenders possession and provides a written forwarding address. Bad-faith retention can expose the landlord to statutory damages, and the tenant may also owe for damages beyond normal wear.
Repair and entry
A tenant gives written notice of a condition that materially affects health or safety; the landlord then has a reasonable time, generally seven days under the statute, to repair. Except in an emergency, the landlord must give reasonable notice of intent to enter and enter at reasonable times. Retaliation against a tenant who complains is prohibited, as is shutting off utilities to force a move-out.
Management
Property management in Texas requires a broker license, or a licensed sales agent acting under a sponsoring broker. The management agreement should be in writing, identify the trust account, and authorize leasing, collection, and disbursement. The manager's fiduciary duty runs to the owner; statutory duties run to the tenant.
Traps
- A lease is not a sale: no deed, no owner's title policy, no TREC resale contract.
- Per-diem rent uses the actual days in the month, not a flat 30.
- Fair housing applies to leasing: denying a reasonable modification for a disabled tenant is a violation.
Worked example
Rent is $1,800 in a 30-day month and possession begins on the 11th. The tenant owes 20 days: $1,800 ÷ 30 = $60 per day × 20 = $1,200.