The Arguello Law Office, PLLC - Law Firm in Montgomery County TX

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Real Estate Law

Lease Agreement Attorney in Montgomery County, TX

A lease is a contract you live with every month. Most of its problems stay hidden until move-out day, a late payment or a repair nobody wants to pay for.

We draft and review leases for landlords and tenants, residential and commercial. The goal is simple. Know what you are agreeing to before you sign.

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Do you need a lawyer to write or review a lease in Texas?

No Texas law requires one. Many landlords use a standard form, and many tenants sign one without changes.

A lawyer earns the fee when the deal does not fit the form. Think of a commercial lease, a long term, a personal guaranty or an option to buy. A rental owned through an LLC, or a house you inherited and now rent out, belongs on that list too.

It also helps to have someone read the lease before you sign it, not after a dispute starts.

Ask About Your Lease

Texas Sets Some Lease Rules You Cannot Sign Away

The Texas Property Code writes several terms into every residential lease. A clause that tries to change them may not hold up. Here are the ones we see most.

Topic	What Texas law says	Why it matters
Security deposit refund	The landlord must refund the deposit on or before the 30th day after the tenant surrenders the home. Deductions need a written, itemized list. Normal wear and tear cannot be deducted.	A landlord who keeps a deposit in bad faith can owe $100, three times the amount wrongly withheld, and the tenant's attorney's fees.
Forwarding address	The landlord does not have to refund the deposit until the tenant gives a written forwarding address.	Tenants: put it in writing when you move out. Landlords: keep that note in the file.
Late fees	A late fee must be in a written lease and be reasonable. Rent must stay unpaid two full days after it was due before a fee applies.	A fee of up to 12 percent of monthly rent (10 percent in buildings with more than four units) is treated as reasonable.
Copy of the lease	The landlord must give at least one tenant a complete copy within three business days after everyone signs.	A missing copy can pause the landlord's suit to enforce the lease, except a suit for unpaid rent.
Rights that cannot be waived	Duties on security deposits, security devices, disclosure of ownership and management, and utility cutoffs cannot be waived.	A lease that says otherwise does not change the law.

Sources: Tex. Prop. Code §§ 92.103, 92.104, 92.107, 92.109, 92.019, 92.024, 92.006.

One Missing Sentence Can Cost a Landlord Past-Due Rent

Texas lets a tenant end a lease early in certain family violence and military situations. The lease is supposed to warn the tenant about that right.

The law spells out the warning:

“Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer.”

If the lease leaves that language out, a tenant who ends the lease under those sections is released from rent that was already past due. It is one sentence. Check that your lease form includes it.

Sources: Tex. Prop. Code §§ 92.016(f), 92.017(g).

Small Landlords Have One Repair Option Others Do Not

Most of a landlord's duty to repair conditions that affect a tenant's health or safety cannot be waived. Texas allows a few narrow exceptions.

One applies only to a landlord who owns just one rental home at the start of the lease. That landlord and the tenant may agree the tenant will handle certain repairs at the tenant's expense. The home must be free of health and safety problems when the lease starts. The lease must be in writing, and the repair terms must be underlined or in bold, specific and clear.

Done right, it is a real benefit for a homeowner renting out one house. Done loosely, it is unenforceable.

Source: Tex. Prop. Code § 92.006(e).

Have a Lease on Your Desk?

Send it over before you sign. A quick read now can save a dispute at move-out.

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Commercial Leases Follow Different Rules

Office, retail and warehouse leases fall under a separate chapter of the Property Code. A few protections still apply.

Deposit refund. The landlord must refund a commercial security deposit within 60 days after the tenant surrenders the space and gives a forwarding address.
Bad-faith penalty. A landlord who keeps a commercial deposit in bad faith can owe $100, three times the amount wrongly withheld, and attorney's fees.
Lockouts. A landlord may not lock a commercial tenant out except in limited cases. One is changing the locks when the tenant is behind on rent.

Most of what matters in a commercial lease is negotiated, not set by statute. That includes rent increases, shared expenses, who repairs what, and the right to assign or sublease. It also includes any personal guaranty. Those terms are where a careful review pays for itself.

Sources: Tex. Prop. Code §§ 93.002, 93.005, 93.011.

Put It in Writing and Know the Notice Rules

Longer than one year. A lease of real estate for a term longer than one year must be in writing and signed to be enforced. (Tex. Bus. & Com. Code § 26.01(b)(5).)
Month to month. Either side can end a monthly tenancy with notice. Unless both sides signed a different rule, it ends one month after the notice, or on the date in the notice if that is later. (Tex. Prop. Code § 91.001.)
Before an eviction suit. A landlord must give at least three days' written notice to vacate before filing, unless the written lease sets a shorter or longer period. (Tex. Prop. Code § 24.005(a).)
Guarantors. A person who guarantees a residential lease is liable only for the original term. The lease must meet specific requirements for a guaranty to carry over to a renewal. (Tex. Prop. Code § 92.021.)

What We Look For When We Review a Lease

Rent and fees

Due dates, grace periods and late fees that fit the statute.

Deposit and move-out

What counts as damage, how the move-out inspection works, and the forwarding-address step.

Repairs

Who fixes what, and whether any shift to the tenant meets the law's conditions.

Term and renewal

Automatic renewals, notice to end, and early termination terms.

Guaranty

What a co-signer is actually signing, and for how long.

Use and occupancy

Pets, parking rules, subletting and occupancy limits.

Notices

Where and how each side must send notice, so a deadline does not slip by.

How We Handle a Lease

Tell us about the deal

The property, the parties, the rent and the term.

Send us the draft

Your form, the other side's form, or a blank page.

We mark it up

Plain-English notes on what each risky clause means for you.

We draft what is missing

Addenda, a guaranty, an option to purchase, or a lease written from scratch.

We walk you through it

You sign knowing what every section does.

Keep the paper trail

Signed copies delivered on time and filed where you can find them.

Leasing Here, in Montgomery County

Much of the growth around The Woodlands, Spring and Magnolia came as master-planned neighborhoods. A rental home there often sits inside an HOA, and a lease cannot override the neighborhood's deed restrictions. If you plan to rent out a home, read the association's leasing rules first.

If a lease dispute becomes an eviction, it is filed in the justice court for the precinct where the property sits. Our office is on Magnolia Circle in Magnolia, a short drive from most of the county.

Source: Tex. Prop. Code § 24.004(a).

When You Probably Do Not Need Us

We would rather tell you now than bill you later. A one-year lease of a house on a current standard form, with no unusual terms, often works fine as written.

Call us if a clause does not match what you were told, if the other side wants to change the form, or if the deal is commercial. Those are the moments a short review pays for itself.

About Your Attorney

Andres Arguello

Andres Arguello represents property owners, families and business owners across Montgomery County from The Arguello Law Office, PLLC. His practice covers real estate, business law, estate planning and insurance claims.

That mix matters in leasing. A rental can raise an estate question, or a company question, as easily as a contract question.

We serve clients in English and Spanish. Se habla español.

Real EstateBusiness LawEstate PlanningInsurance ClaimsSe habla español

Frequently Asked Questions

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

For a residential lease, on or before the 30th day after the tenant surrenders the home. The landlord does not have to refund until the tenant gives a written forwarding address. For a commercial lease, the deadline is 60 days.

Can a landlord keep a deposit for normal wear and tear?

No. Texas Property Code section 92.104 bars deductions for normal wear and tear. Deductions for damage need a written, itemized list.

What late fee can a Texas landlord charge?

The fee must be in a written lease and be reasonable. It can apply only after rent is unpaid two full days. A fee up to 12 percent of monthly rent, or 10 percent in buildings with more than four units, is treated as reasonable.

Does a lease have to be in writing in Texas?

A lease of real estate for longer than one year must be in writing and signed to be enforced. Shorter leases can be oral, but a written lease is far easier to enforce.

Can you review a commercial lease before I sign?

Yes. Commercial leases are mostly negotiated, so the review focuses on rent increases, shared costs, repairs, assignment and any personal guaranty.

Do you work with Spanish-speaking landlords and tenants?

Yes. We serve clients in English and Spanish. Se habla español.

Before You Sign, Let Us Read It

A short lease review costs far less than a dispute over a deposit, a repair or an early move-out. Talk with a Montgomery County real estate attorney about your lease.

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Phone: 832-286-6291
Hours: Mon to Fri, 9:00am to 5:30pm
Serving Montgomery County, The Woodlands, Conroe, Spring, Magnolia and Tomball.