Texas Prohibited Lease Clauses
7 restricted clause typesOur Texas law database tracks 7 lease clause types that state law prohibits or restricts (4 illegal, 3 typically unenforceable). Even if you signed a lease containing one, an illegal or unenforceable clause is generally void — you have not waived the underlying right.
Educational information: generated from our Texas law database (last updated 2024-01-01). Not legal advice.
Clause types restricted by Texas law
Waiver of landlord duty to repair/maintain
Often UnenforceableLegal basis: Texas Property Code Section 92.006
Waiver of security deposit return rights
Likely IllegalLegal basis: Texas Property Code Section 92.103
Illegal lockout provisions
Likely IllegalLegal basis: Texas Property Code Section 92.0081
Utility interruption for nonpayment of rent
Likely IllegalLegal basis: Texas Property Code Section 92.008
Seizure of tenant property without court order
Likely IllegalLegal basis: Texas Property Code Section 54.045
Waiver of statutory notice requirements
Often UnenforceableLegal basis: Texas Property Code Section 24.005
Late fees exceeding reasonable amount (>12%)
Often UnenforceableLegal basis: Texas Property Code Section 92.019
Frequently asked questions
- What lease clauses are illegal in Texas?
- Texas law restricts 7 clause types tracked in our database, such as: waiver of landlord duty to repair/maintain; waiver of security deposit return rights; illegal lockout provisions.
- Is a lease still valid if it contains an illegal clause in Texas?
- Usually yes — the offending clause is void or unenforceable, but the rest of the lease typically remains in effect. You generally cannot be held to a clause that violates state law even if you signed it.
- Which law prohibits "waiver of landlord duty to repair/maintain" in Texas?
- Texas Property Code Section 92.006.
Check Your Lease Against Texas Law
Not sure whether your lease complies with Texas law? Upload it and our analyzer flags problem clauses — deposit terms, entry rights, fees and prohibited provisions — using the same statute-backed database this page is generated from.
Analyze My Lease FreeEducational tool — not legal advice. First analysis is free, no signup required.
More Texas lease law guides
- Texas rental lease laws — overview
- Texas security deposit limit
- Texas deposit return deadline
- Texas deposit interest rules
- Texas landlord entry notice
- Texas late fee laws
- Texas rent grace period
- Texas required disclosures
Prohibited Lease Clauses in other states
Educational information generated from state statute data — not legal advice. Consult a licensed attorney in Texas for your specific situation.