Who Is the Landlord and the Tenant?

When it comes to renting a home or apartment, the landlord is the owner of the property, while the tenant is the person who pays to live there. Both parties must agree on the terms and conditions of the lease agreement to ensure a fair and smooth rental experience.

Whether you’re a landlord or a tenant, having home insurance is essential to protect the property and provide peace of mind against unexpected events.

Who Is the Tenant?

The tenant, also called the renter, is the person who has the right to use a property in exchange for payment during the lease period. The tenant’s main responsibility is to make the rent payments agreed upon with the landlord throughout the duration of the lease.

Tenants must also follow community rules, keep the property in good condition, and repair any damages caused by improper use. At the end of the lease, the tenant is expected to return the property in similar condition to when they moved in.

Common Types of Lease Agreements in Texas

In Texas, lease agreements are regulated under Texas Property Code, Chapter 92, which establishes the rights and obligations of landlords and tenants. The most common types of leases are:

Residential Lease Agreement

This is the standard lease used when renting out a home or apartment as a primary residence. It usually lasts 12 months, but the duration can be negotiated between both parties.

Short-Term Lease

Applies when both the landlord and tenant agree to rent for a shorter period, such as a few months, often used for temporary housing or relocations.

Room Rental Agreement

This contract applies when one or more rooms are rented within a home, sharing common areas such as the kitchen, living room, or laundry space.

Seasonal Lease Agreement

This type is used for vacation rentals or temporary stays, such as during the summer or holidays — very common in tourist areas like Houston, Dallas, or coastal regions.

Commercial Lease Agreement

Used when a property is rented for business purposes, such as offices or retail spaces. The terms and duration are negotiated freely between both parties.

Lease With Option to Buy

This type of contract gives the tenant the option to purchase the property after a certain period. It’s ideal for renters who plan to become homeowners in the future.

Key Elements of a Lease Agreement

If you plan to rent out your home or any other property, it’s important to draft a written lease agreement that clearly outlines the duration, rent amount, and guarantees. The main elements are:

• Identification of both parties: Include full names, addresses, and contact information for both the landlord and tenant.
• Lease duration: Most leases in Texas are for 12 months but can be renewed or extended as agreed.
• Rent amount: Clearly state the rent and whether it can increase upon renewal.
• Property description: Indicate if the property is furnished, including an inventory list if applicable.
• Security deposit: Texas law allows landlords to request a security deposit, typically equal to one month’s rent.
• Utilities and expenses: Specify who pays for utilities such as electricity, water, or internet.
• Subletting policy: Clarify whether subleasing is allowed and under what conditions.
• Repairs and maintenance: The landlord must maintain the property in habitable condition, while the tenant must handle minor repairs caused by misuse.

Who Can Draft a Lease Agreement?

In Texas, a lease agreement can be drafted directly between the landlord and the tenant. However, it’s recommended to have it reviewed by a real estate attorney or notary public to ensure legal validity and compliance with state law.

Most leases in Texas do not need to be registered with a public office, but having a written, signed contract provides legal protection for both parties in case of disputes.

What Makes a Lease Agreement Legally Valid?

A lease becomes legally binding when it complies with the Texas Property Code and both parties sign the document. The agreement must include essential details such as the property address, rent amount, term, and both signatures.

Complying with Texas law ensures that the contract protects both the landlord’s and tenant’s rights, avoiding conflicts and providing a clear legal framework.

How Long Can a Lease Last in Texas?

There’s no strict maximum duration under Texas law — most residential leases last 12 months, but they can be renewed or extended. For long-term agreements (over a year), the lease must be in writing to be enforceable in court.

How Can a Lease Be Terminated?

A lease in Texas can end under several conditions:

1. Mutual Agreement

Both the landlord and tenant may agree to end the lease early under mutually accepted terms.

2. End of the Lease Term

When the lease term expires, the agreement naturally ends unless renewed by either party.

3. Breach of Contract

If one party fails to comply with the terms (such as unpaid rent or failure to maintain the property), the other may terminate the lease.

What Happens If a Lease Is Broken?

If a tenant violates the lease terms — for example, by not paying rent — the landlord has the right to terminate the lease and start an eviction process under Texas law. The landlord may also keep the security deposit to cover unpaid rent or damages.

If the landlord fails to meet their obligations (e.g., maintaining a safe and habitable home), the tenant may terminate the lease early and may even seek financial compensation in certain cases.

“Landlord” vs. “Landlady” and Gender Usage

In English, there’s no gender-specific rule as in Spanish (“arrendador” vs. “arrendataria”). The term landlord is widely accepted for both men and women, although landlady can also be used informally for female owners.

Both landlords and tenants have rights and responsibilities under Texas law. To stay protected from risks like fire, theft, or property damage, it’s highly recommended to have home insurance.

To protect your home, check your coverage and compare the best rates for home insurance. You can also compare rates for life, health, and car insurance.